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EAC Agenda 11/03/2004 ENVIRONMENTAL ADVISORY COUNCIL AGENDA November 3, 2004 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") —Third Floor I. Roll Call II. Approval of Agenda III. Approval of September 30, 2004 Meeting minutes IV. Land Use Petitions A. Planned Unit Development No. PUDZ-2003-AR-3608 "Orangetree PUD" Sections 13, 14, 23 &24, Township 48 South, Range 27 E V. Old Business VI. New Business A. Total Maximum Daily Load presentation by Eric Livingston, D.E.P. B. Workshop presentations of Sunshine Law/Ethics/Public Records/Ex-Parte ➢ Wednesday, November 24, 2004 from 8:30 a.m. to 10:00 a.m. ➢ Friday, December 10, 2004 from 2:30 p.m. to 4:00 p.m. C. Consideration of a special meeting to review proposed TDR amendments to the GMP VII. Council Member Comments VIII. Public Comments IX. Adjournment ******************************************************************************************************** Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on October 29, 2004 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (403-2424). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF November 3, 2004 I. NAME OF PETITIONER/PROJECT: Petition No.: PUDZ-2003-AR-3608 Petition Name: Orangetree PUD Applicant/Developer: Roberto Bollt, Trustee Engineering Consultant: Davidson Engineering Environmental Consultant: Hoover Planning and Development, Inc. Land, Environmental and Traffic Planning Consultants II. LOCATION: The subject property is located on the east side of Immokalee Road (CR-846), north side of Randall Boulevard and approximately 1/4 mile west of the Everglades Boulevard in Sections 13, 14, 23, &24, Township 48S, Range 27E. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N - PUD and Estates Orange Blossom Ranch PUD and single family residential S - ROW and Estates Randall Blvd. and single family residential E - PUD and Estates Orange Blossom Ranch PUD and single family residential W - ROW and Estates Immokalee Road and single family residential EAC Meeting Page 2 of 10 IV. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is requesting a rezone from Planned Unit Development (PUD) to PUD to be known as the Orangetree PUD for the purpose of adding 1,650 dwelling units (from 2,100 to 3,750)resulting in a gross density of 1.38 dwelling units per acre (from .76); add 12 acres of commercial (from 22 to 34) and add 249,000 square feet of commercial (from 60,000 to 309,000); delete existing commercial uses (generally comparable to C-3 zoning district) and add all C-2 and C-4 zoning district uses; create two commercial categories, C-2 (10 acres 69,000 square feet) and C-4 (24 acres; 240,000 square feet); eliminate the R-1 Residential category; extend the time frame of expected build-out and market absorption; add fitness centers as a permitted use in the Residential categories, subject to site plan approval; revise the PUD Master Plan; and,make other minor and incidental changes. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Agricultural/Rural — Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the Growth Management Plan(GMP). That District reads: "Settlement Area District: This area consists of Sections 13, 14,23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. Twenty-one hundred (2,100) dwelling units and twenty-two (22) acres of neighborhood commercial uses and hotel/motel use are "vested". This area is now known as the Orange Tree PUD and the types of uses permitted include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognizes the property as an area which, while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above-referenced vested status. The geographic expansion of the Settlement Area to i-� additional lands outside the areas covered by Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), EAC Meeting Page 3of10 shall be prohibited. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County." Orangetree Development Background: The subject site was originally platted in the late 1960s and early 1970s and was known as North Golden Gate (NGG). It was designated Urban on the future land use map, and contained multiple zoning districts (single family, multi-family, commercial, industrial, community use [school, park, utility], golf course). Land clearing, excavation, grading and other physical development activities were commenced. In 1981, the Future Land Use Map was amended to designate the subject area as Rural. In 1982,the Board of County Commissioners(BCC) rezoned the property to A-1, Agricultural, which permitted a variety of agricultural uses, and one DU/A as an accessory use. Subsequently, the property owner filed a lawsuit against Collier County based on vesting claims. On January 27, 1986, the property owner and BCC executed a"Settlement and Zoning Agreement"that included a rezoning of the property to "PUD by Settlement." The County agreed to that rezoning"based on it's finding that the proposed project would have far less impact on county and regional facilities and the environment than the original North Golden Gate subdivision." The"Zoning and Development Document" (now known as Orangetree PUD document) allowed 2,100 dwelling units on 826 acres; 22 acres of commercial development; 1,600 acres of agricultural uses; a 200 acre golf course - allowed within the Agricultural or Residential areas; and, 95 acres of community uses [fairgrounds, school,park, utility, etc.]). Also,the Residential area allowed, subject to site development plan approval, churches, schools, civic and cultural facilities,private clubs, owner-occupied childcare center, rest home, foster home, hospice, rehabilitation center. On April 8, 1986, the Florida Department of Community Affairs (DCA), in response to applications filed by the land owner,rendered a Binding Letter of Interpretation of Vested Rights Status/Binding Letter of Interpretation of Modification to a Development of Regional Impact With Vested Rights/Vested Rights Status Notification. The Binding Letter included these findings, conclusions and order: • The developer had vested rights to develop the original NGG subdivision; • NGG constituted a DRI; • The changes to that vested DRI development plan, as depicted in the "Zoning and Development Document" approved by Collier County (n/k/a Orangetree PUD), would result in substantially less development than the NGG vested development plan, and would result in a reduction of regional impacts; • "As those changes described in your application for this letter have been approved by local government and incorporated into a new development order [Orangetree PUD], they constitute the vested plan of development for North Golden Gate and must be followed by you;" EAC Meeting Page 4 of 10 • "If any further changes are proposed to this project, they should be submitted by you to this agency [DCA] so that they may be compared together with their impacts to the plan now found to be vested in this letter[Orangetree PUD];" • "Therefore, all future changes to this modified development plan should be brought to the attention of this agency." (for purpose of determining if DRI thresholds are exceeded for any new development intensity beyond that which is vested). In 1987, the BCC amended the FLUE and Map to designate this area"Vested Area II."(The "settlement and zoning agreement" stated the County would change the designation to something other than Urban.)The FLUE provision included a list of the permitted uses, and referenced the"Zoning and Development Document" (PUD). The listed permitted uses included: agricultural uses and related facilities; residential uses -maximum of 2,100 DUs and maximum height of two stories; neighborhood commercial and hotel/motel uses, not to exceed 22 acres; golf course, parks,playgrounds, and similar recreation and open space uses; community facilities, such as fairgrounds site, agricultural extension station, fire and police stations; educational facilities,religious facilities, governmental activities, and child care center; essential services. In 1989,with the adoption of the Growth Management Plan, the Orangetree area was designated Agricultural/Rural—Settlement Area in the FLUE. The same list of permitted uses from the previous comprehensive plan, and reference to the "Zoning and Development Document,"was included. In 1991, the GGAMP was adopted; it maintained the Agricultural/Rural— Settlement Area designation, the same list of permitted uses, and reference to the"Zoning and Development Document."In 1991, the PUD by Settlement(Orangetree PUD)was amended by Ordinance No. 91-43. Changes included: correct error in total site acreage, reducing it from 2,798 to 2,752.8 acres; delete one Residential classification; increase/decrease the number of DUs and acreage in the remaining three Residential classifications,but maintaining the total approved DUs at 2,100; decrease Agricultural acreage; increase acreage for Community Use by converting 31 acres from Agriculture to Community Use for fairgrounds expansion; increase School/Park acreage by designating 11 acres within the Residential area as School-Park site to reflect a park site that had been previously approved by a site development plan, as allowed within the Residential area; increase Right-of-Way and Lake acreages substantially; modify certain residential development standards; add reservoirs/lakes as a permitted use in the Agricultural classification; add provision that precludes Collier County from requesting conveyance of the water and sewer facilities prior to January 1, 2001; and,make corresponding changes to PUD Master Plan. It is unknown for certain but appears that DCA was not consulted about these changes; however, there were no increases in the major DRI threshold determinants (# of DUs and amount of commercial development). EAC Meeting Page 5 of 10 In 1997, the County adopted the Evaluation and Appraisal Report-based amendments to the GMP. Changes to the Settlement Area District(in both the FLUE & GGAMP) included deleting the list of permitted uses and intensity thresholds,while maintaining reference to the"Zoning and Development Document." Subsequently, two private sector-initiated amendments to this District were approved (2001 and 2003). The purpose of the first amendment was to clarify allowed uses; the second was to clarify the ability to increase the use intensity beyond that which is "vested" (2,100 dwelling units and 22 acres of neighborhood commercial). Analysis: The Settlement Area District allows land uses "vested" in 1986; these include 2,100 DUs and 22 acres/60,000 square feet (plus hotel/motel use) of commercial development. The District identifies the types of uses allowed in the Orangetree PUD—residential, commercial, community uses, etc. —but does not identify intensity thresholds; however, the District does reference the PUD, which includes those thresholds. But, the District states: "Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above-referenced vested status." Since the District does not include development intensity thresholds, and specifically provides that more dwelling units and commercial acreage may be added beyond that which the site is "vested" for, the proposed amendments may be found consistent with the GGAMP. CONCLUSION: Based upon the above analysis, staff is of the opinion that the proposed changes to the Orangetree PUD may be deemed consistent with the Rural Settlement Area District in the GGAMP. Conservation & Coastal Management Element: Ninety acres of the existing native vegetation will be retained on-site and set aside as preserve areas with conservation easements prohibiting further development. This preservation area represents 25% of the native vegetation existing at the time of development in this PUD. The areas selected for preservation are identical to areas designated as Preserves on previous Master Plans. Selection of preservation areas is consistent with the criteria listed in Policy 6.1.1. Habitat management and exotic vegetation removal/maintenance plans will be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Some lakes have already been permitted and exist on site. Any new storm water management areas will meet the littoral shelf planting area requirements in effect EAC Meeting Page 6 of 10 n at the time of Site Development Plan/Construction Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. The requirement for an updated Environmental Impact Statement (EIS)pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. Wetlands and wetland functions shall be protected in accordance with Policy 6.2.3. Agency permits have been obtained for this development and vegetation will be preserved based on objective 6.1 and Policy 6.2.7. Required preservation areas are identified on the PUD master plan. Preservation areas will be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Allowed uses within preserve areas shall not include any activity detrimental to drainage, flood control,water conservation, erosion control, or fish and wildlife conservation and preservation. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement(EIS). Copies of the EIS have been forwarded to the U.S. Fish and Wildlife Service and Florida Fish and Wildlife Conservation Commission for their review and comment. CONCLUSION: Based upon the above analysis, staff is of the opinion that the proposed changes to the Orangetree PUD may be deemed consistent with the Conservation and Coastal Management Element of the Collier County Growth Management Plan. VI. MAJOR ISSUES: Stormwater Management: The Orangetree area is part of a larger South Florida Water Management District Surface Water Management Permit, and will need to obtain a modification to the existing overall permit# 11-00418S. Environmental: Site Description: The subject property is a substantially developed 2752.8acre PUD. This PUD contains an existing golf course, residential, commercial, agricultural and utility uses. The remaining native habitats on-site include pine flatwoods, saw palmetto, EAC Meeting Page 7 of 10 cypress, and cypress-pine-cabbage palm. Disturbed lands also exist due to historic agricultural uses. According to NRCS Soils Mapping, ten soil types occur on the subject property: Malabar fine sand (H); Immokalee fine sand (H); Holopaw fine sand (H); Oldsmar fine sand, limestone substratum; Pineda fine sand, limestone substratum (H); Oldsmar fine sand; Ft. Drum and malabar high fine sand; Boca fine sand; Boca, riviera, limestone substratum and copeland fine sand, depressional (H); and Urban Land Holopaw Basinger Complex. All soil types listed followed by"(H)" are defined as hydric by the Natural Resources Conservation Service. Wetlands: Prior to development, there were 27.44 acres of SFWMD and Collier County wetlands on site. This PUD has already obtained SFWMD permits allowing filling an existing canal and impacting another 3.44 acres of wetlands. Some of the permitted impacts have begun on two isolated wetlands and the canal. There are currently 26.21 acres of wetlands existing on site. To compensate for proposed impacts to wetlands, the applicant is proposing to preserve and enhance approximately 24.13 acres of wetlands and 2.87 acres of uplands within preserves on-site. The preserve areas will be enhanced through removal of exotic and nuisance vegetation. Mitigation for impacts to jurisdictional wetlands has been determined during permitting through the SFWMD. Mitigation areas are outlined in the SFWMD staff report. As compensation for 1.22 acres of impacts, SFWMD is requiring a total of 17.04 acres of uplands adjacent to wetlands on-site be preserved. Preservation Requirements: As required by Collier County environmental ordinances, this project is required to retain a minimum of 25 percent of viable native vegetation existing during pre- development conditions of the original PUD or 90 acres of viable native vegetation. The Master Plan and PUD document identify 90 acres that meet this requirement. The preservation areas set aside in this Master Plan mirror those previously approved. Listed Species: A wildlife survey of the subject property was conducted in January and February of 2004 using field methodology that met Florida Fish and Wildlife Conservation Commission (FFWCC) guidelines. The survey is part of the EIS and was performed to locate and document any listed wildlife and plant species that may EAC Meeting Page 8 of 10 occur on the project site. The survey transects are shown as part of the EIS and are concentrated in areas that are currently undeveloped. Listed species observed onsite are one Fox Squirrel, one Southeastern American Kestrel, and one Wood Stork. In accordance with policy 7.1.2, wildlife habitat management plans will be required at the time of the next final development order approval. VII. RECOMMENDATIONS: Staff recommends approval of PUDZ-2004-AR-3608 "Orangetree PUD" with the following stipulations: Stormwater Management: No additional stipulations. Environmental: No additional stipulations. EAC Meeting Page 9 of 10 PREPARED BY: 411 if/ ,."�; 3.5 -OT STAN CHRZANOWS P.E. DATE ENGINEERING REV yr. MANAGER I3-oy MASON DATE S IOR ENVIRONMENTAL SPECIALIST � Ire -Y :' LLOWS, AICP DA ' CHIEF PLANNER REVIEWED BY: ._J / 9.--P. y BARBARA S. BURGESONoI DATE PRINCIPAL ENVIRONMENTAL SPECIALIST 1 . , /,. 09-(4E3.,OIL I;r LIAM D. LO'ti7'NZ, J ., P.E. DATE ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR EAC Meeting Page 10 of 10 7 /? 0 USAN MURRAY, AICP D TE ZONING AND LAND DEVELOPMENT DEPARTMENT DIRECTOR APPROVED BY: JO: 'H K. SCH rTT Di. T C 0 MUNITY DEVELOPM NT &ENVIRONMENTAL SERVICES i INISTRATOR September 30, 2004 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD Naples, Florida, September 30, 2004 LET IT BE REMEMBERED, that the Environmental Advisory Board in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Alfred Gal William Hughes Joe Gammons Judith Hushon Erica Lynne Ken Humiston Ed Carlson (Resigned) Mike Bauer (Resigned) Mike Sorrel (Excused) ALSO PRESENT: Barbara Burgeson, Environmental Specialist Marjorie Student, Assistant County Attorney Russell Webb, Community Dev. & Environmental Serv. Stan Krasowski, Engineering Review 1 NOTICE OF IMPORTANT INFORMATIONAL WORKSHOPS FOR ALL COLLIER COUNTY COMMITTEES AND BOARDS RE: SUNSHINE LAW/PUBLIC RECORDS/ETHICS LAWS & EX PARTE DECLARATION REQUIREMENTS Notice is hereby given that the Collier County Attorney Office will be presenting workshops on Sunshine Law/Public Records/Ethics Laws & Ex-Parte Declaration Requirements to the following Committees and Boards: Board of Building Adjustments &Appeals Board of County Commissioners Code Enforcement Board Planning Commission Contractor's Licensing Board Environmental Advisory Council Public Vehicle Advisory Committee Affordable Housing Commission Animal Services Advisory Board Airport Authority Bayshore Avalon Beautification MSTU Bayshore/Gateway Triangle Local Redevelopment Advisory Committee Advisory Board Black Affairs Advisory Board Citizens Advisory Task Force Collier County Citizen Corps Committee Collier County Coastal Advisory Committee Development Services Advisory Committee Smart Growth Advisory Committee Community Redevelopment Agency Advisory Immokalee Master Plan &Visioning Committee Board County Government Productivity Committee Disaster Recovery Task Force I-75/Golden Gate Parkway Interchange Ad Hoc Cmt EMS Advisory Council Forest Lakes Roadway &Drainage Advisory Committee Golden Gate Beautification Advisory Committee Golden Gate Community Center Advisory Golden Gate Estates Land Trust Committee Committee Hispanic Affairs Advisory Board Immokalee Local Redevelopment Advisory Board Historical/Archaeological Preservation Board Immokalee Beautification Advisory Committee Immokalee Enterprise Zone Development Agency Isle of Capri Fire Control District Lely Golf Estates Beautification Advisory Advisory Committee Committee Lake Trafford Restoration Task Force Conservation Collier Land Acquisition Library Advisory Board Advisory Committee Metropolitan Planning Organization(MPO) MPO Subcommittee (Local Coordinating Board MPO Subcommittee(Citizen Advisory Technical Advisory Committee) Committee) MPO Subcommittee(Pathway Advisory Ochopee Fire Control Advisory Committee Committee) Pelican Bay MSTBU Advisory Committee Parks & Recreation Advisory Board Tourist Development Council Radio Road Beautification Advisory Committee Utility Authority Transportation Disadvantaged Local Vanderbilt Beach Beautification MSTU Coordinating Board Advisory Committee Two workshops have been scheduled giving board members, staff and the public an option of either of two dates to attend. The first workshop will be held on WEDNESDAY, NOVEMBER 24, 2004, from 8:30 a.m. to 10:00 a.m. The second workshop will be held on FRIDAY,DECEMBER 10, 2004, from 2:30 p.m. to 4:00 p.m. BOTH WORKSHOPS WILL BE HELD AT THE COLLIER COUNTY GOVERNMENT CENTER, 3301 EAST TAMIAMI TRAIL, W. HARMON TURNER BUILDING (ADMINISTRATION BLDG. F), 3RD FLOOR, NAPLES, FLORIDA. All committee/board members should be knowledgeable of some or all of these laws. Especially advisable for members who haven't attended previous workshops on this subject matter. The workshops are open to the public. The workshops shall be televised and broadcast on the Collier County Government Channel. If you are a person with a disability who needs any accommodation in order to participate in these proceedings,you are entitled,at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East Tamiami Trail, Naples, Florida, 34112, (239) 774-8380; assisted listening devices for the hearing impaired are available in the County Commissioners'Office. HOOVER PLANNING & DEVELOPMENT, INC. Land, Environmental & Traffic Planning Consultants 3785 Airport Road North,Suite B-1,Naples,Florida 34105 ORANGETREE ASSOCIATES Collier County Environmental Impact Statement (EIS) Collier County Sections 23 &24 Township 48 South,Range 27 East Total PUD: Approximately 2,752.8 This EIS Update: Approximately 1,235.25 Acres Date of Preparation: January 27, 2003 Updated: December 29, 2003 Updated: June 14, 2004 Updated: September 28, 2004 Page 2 of 17 3.8.5.1 Applicant information 1. Responsible owners who wrote the EIS and his/her education and job related environmental experience: Jeremy Sterk, B.S., Aquatic Biology, 9 years job related experience. A resume is attached. 2. Owner / Agent name & address: OrangeTree Associates 3000 Orange Grove Trail Naples, FL 34120 3. Affidavit of proof of authorized agent: N/A 3.8.5.2 Development and site alteration information 1. Description of Proposed Use. The proposed use is a residential\golf PUD with a maximum of 3,750 units. Recreational facilities and other facilities and services will be provided in conjunction with dwelling units. 2. Legal Description of Site. Parts of Sections 13, 14, 22, 23, 24, 25, 26 and 27, Township 48 South, Range 27 East, and Sections 18, 19 and 30, Township 48 South, Range 28 East, Collier County, Florida. Less those properties described as Orange Blossom Ranch PUD, approved by Collier County Date, 2004. 3. Location and address description. The subject property is located immediately east of Immokalee Road,between Randle Boulevard and Oil Well Road, in Sections 14, 23 & 24, Township 48 South, Range 27 East, in Collier County, Florida. A small portion of the property is located north of Oil Well Road and constitutes a Water Utility area. 3.8.5.3 Mapping and support graphics 1. General location map. See attached Location Map. 2. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred feet outside the parcel boundary. This does not mean the applicant is required to go on to G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doc Page 3 of 17 adjacent properties. Habitat identification will be consistent with the Florida Department of Transportation - Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the county, otherwise, a scale of at least one inch equal to 400 feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. Native communities were mapped according to the Florida Land Use and Forms Classification System(FLUCCS)and their boundaries are depicted on the attached 2002 aerial at a scale of 1"=400'. Also attached is an 11"x 17" sheet (1"=800') with FLUCCS mapping. 3. Topographic map showing upland, bathymetric contours, and existing drainage patterns if applicable. Site elevations average approximately 13.0' to 17.3' NGVD. The existing drainage pattern for the surrounding area is south toward Randle Boulevard. A topographic map provided by Davidson Engineering is attached. 4 . Existing land use of the site and surrounding area. This portion of the OrangeTree PUD contains a variety of uses, such as golf course, vacant areas, previously constructed residential areas, residential areas under active construction, and other existing facilities such as a commercial area and a community park. The portion of the property north of Oil Well Road contains a water utility facility. The golf course on the property is fully constructed and under operation. Surrounding land uses include Immokalee Road, Randle Boulevard, Oil Well Road, actively farmed citrus, the Golden Gate Canal, and single family residential development. 5. Soils map at a scale consistent with that used for the Florida Department of Transportation - Florida Land Use Cover and Forms Classification Systems determinations. Soils have been digitized from Soil Conservation Service (SCS) maps of Collier County. A map detailing soils at a scale of l"=1320' is attached on an 81/2 X 11 sheet. 6. Proposed drainage plan indicating basic flow patterns, outfall and off- site drainage. See attached SFWMD Staff Review Summary (Application No.941104-12, Valencia at Orangetree, Dated: May 26, 1996). The "Proposed Facilities" section of the Staff Review Summary on page 2 contains a detailed description of the surface water management system. Page 4 details the discharge culverts and G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doe Page 4 of 17 receiving bodies for offsite drainage. The balance of the surface water management system is described in the attached SFWMD Staff Review Summary (Application No.920520-2, Orangetree Basin I, Dated: October 22, 1992). Again, the "Proposed Facilities" section of the Staff Review Summary on page 2 contains a detailed description of the surface water management system. Exhibits 2 and 3 show the drainage layout. 7. Development plans including phasing program, service area of existing and proposed public facilities and existing proposed transportation network in the impact area. See attached 11"x 17" site plan provided by Davidson Engineering. 3.8.5.4 Impact Categories 3.8.5.4.1 Biophysical Impacts 1. Air quality. A. Changes in level of air pollutants as defined by current regulations. No impacts are expected from the PUD in its post—development state. Appropriate Dust Control methods will be utilized during construction to mitigate for any adverse conditions, which might arise. All areas disturbed during construction will be sodded or grassed and mulched at the earliest opportunity. B. Number of people that will be affected by air pollution resulting from the project. With no changes in air quality anticipated, no people are expected to be affected. C. Procedures that will be used to reduce adverse impacts of air pollution. Appropriate dust control methods will be utilized during construction to mitigate for any adverse conditions, which might arise. All areas disturbed during construction will be sodded or grassed and mulched at the earliest opportunity. 2. Water quality Impacts. A. Changes in levels and types of water pollution as defined by current regulations. The project will comply with the South Florida Management District(SFWMD)'s criteria regarding water quantity and quality and will incorporate Best Management Techniques during construction. No changes in water levels or water pollution are expected as a result of the project. The project has been permitted by the SFWMD. The property owner will abide by all permit conditions to ensure no adverse changes in water levels. G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doc Page 5 of 17 B. Inventory of water uses that are restricted or precluded because of pollution levels resulting from this project. No water uses are restricted or precluded because of pollution resulting from this project. C. Persons affected by water pollution resulting from this project. None. No water pollution is anticipated as a result of this project. D. Project design and actions which will reduce adverse impact of water pollution. The project will meet all SFWMD requirements and Collier County Land Development Code requirements for water quality. The surface water management system for the project has been permitted and the property owner will abide by all conditions and best management practices outlined in the SFWMD permits. 3. Physiography and Geology A. Description of soil types found in the area. The approximate boundaries of the ten soil types found on the parcel, as defined by the NRCS, is mapped at a scale of 1"=1320' on the attached 8 '/2"X 11" sheet. 03 -- Malabar Fine Sand: This nearly level, poorly drained soil is typical in sloughs. The permeability is slow to very slow. Natural vegetation may include slash pine, cypress, cabbage palm, saw palmetto and wax myrtle. 07--Immokalee Fine Sand: The nearly level,poorly drained soil is typical in flatwoods. The permeability is moderate. Typical natural vegetation might include slash pine, slaw palmetto, wax myrtle, and chalky bluestem. 10 -- Oldsmar Fine Sand, Limestone Substratum: This nearly level,poorly drained soil is typical of slough and poorly defined drainageways. The permeability is slow. Natural vegetation may include slash pine, cabbage palm and saw palmetto. 14 -- Pineda Fine Sand, Limestone Substratum: This nearly level, poorly drained soil is typical of flatwoods. The permeability is slow. Natural vegetation may include slash pine, wax myrtle and chalky bluestem. 16 -- Oldsmar Fine Sand: This nearly level, poorly drained soil is typical of flatwoods. The permeability is slow to very slow. Natural vegetation may include slash pine, saw palmetto, cabbage palm and chalky bluestem. G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doc Page 6 of 17 20—Ft. Drum and Malabar High Fine Sand: This nearly level,poorly drained soil is typical of ridges near sloughs. The permeability is rapid for Ft. Drum and slow to very slow for Malabar. Natural vegetation may include slash pine, saw palmetto, live oak, cabbage palm and chalky bluestem. 21 -- Boca Fine Sand: This nearly level,poorly drained soil is typical of flatwoods. The permeability is moderate. Natural vegetation may include slash pine, saw palmetto, cabbage palm and chalky bluestem. 25-Boca, Riviera, Limestone Substratum and Copeland Fine Sand, Depressional: This level,poorly drained soil is typical of swamps and marshes. The permeability of Boca is moderate, Riviera is moderately rapid to moderately slow, and Copeland is moderately slow. Natural vegetation may include cypress, willow, fireflag,pickerelweed and sawgrass. 27--Holopaw Fine Sand: This nearly level,poorly drained soil is typical in sloughs. The permeability is slow to very slow. Natural vegetation may include slash pine, cypress, cabbage palm, saw palmetto and wax myrtle. 33—Urban Land-Holopaw-Basinger Comples: This soil type is in urban areas or developed lands. B. Areal extent of proposed topographic modification through excavation, dredging, or filling. Modifications will be accomplished by on site excavation of fill material from the proposed storm water lakes. In addition, clean fill material may be obtained from off site. There will be approximately 2.63 acres of impact to SFMWD or Collier County wetlands. The wetland impacts have been permitted. See attached SFWMD Staff Review Summary(Application No.941104-12, Valencia at Orangetree, Dated: May 26, 1996). Page 6 of this document details the 16 wetlands identified on the property. This permit authorized impact to a canal (FLUCCS 500)and 3.44 acres of wetland impact,of which 1.22 acres required mitigation(seven of the wetlands were isolated and less than 0.5 acres in size). In the time since the permit was issued,two of the wetlands authorized for impact have been partially impacted,while all of the other wetlands remain. A portion of the canal authorized for impact has been filled. Approximately 924.19 acres of uplands will be transformed to developed uses by filling. C. Removal and/or disturbance of natural barriers to storm waves and flooding. The project is located far from the Gulf of Mexico and is not subject to storm waves. No adverse impacts are expected due to development of this parcel. D. Proposed modifications to natural drainage patterns. G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doc Page 7 of 17 The surface water management system for the project has been permitted. See attached SFWMD Staff Review Summary(Application No.941104-12, Valencia at Orangetree, Dated: May 26, 1996). The "Proposed Facilities" section of the Staff Review Summary on page 2 contains a detailed description of the surface water management system. The balance of the surface water management system is described in the attached SFWMD Staff Review Summary(Application No.920520-2, Orangetree Basin I, Dated: October 22, 1992). Again, the "Proposed Facilities" section of the Staff Review Summary on page 2 contains a detailed description of the surface water management system. E. Extent of impervious surface and percent of groundwater area to be covered. Land Use Breakdown for the entire PUD EXt$17102 MOWED ......... .. LS ....... .. VO #.tAOEl AO mkt 73 GC GOLF=RISW 200 150 1-1 REQS OSVIZAL 14.3 ft R-? RES/00074L 1707 2500' R-1 N S1VE107AL 160 .. 8 :. ___. 0 $t$.7OZ4L 2100 1400 121504 co Goi1AiAEiorr1i ' 8 Lt L177L1i Y 15 o(t SF SCHOOL/PARK 36 36 Cit COMMERCIAL 6O 000SF 22 ett000SP 10 04 Z44000 sr REV RAW OP WAY Wit 149.9 LAKE LIKE 420 420 70Z4L 2JOA ZP a S7 0 ZI's' F See attached SFWMD permits for approved pervious and impervious acreages. F. Annual drawdown of groundwater resulting from use. No net annual drawdown of groundwater is expected. G. Increased siltation in natural water bodies resulting from the proposed use. The site will be developed according to SFWMD and Collier County criteria. No natural water bodies are located in the vicinity of the project, so increased siltation in natural water bodies is not expected. Best Management Practices will be incorporated during construction. 4 . Wetlands A. Define the number of acres of Collier County Jurisdictional Wetlands pursuant to the Collier County Growth Management Plan by vegetation type G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doc Page 8 of 17 n species, vegetation composition canopy, midstory and ground cover, vegetation abundance, dominant, common, occasional, and their wetland function. • There were previously 27.44 acres of SFWMD\Collier County wetlands on the property. See attached SFWMD Staff Review Summary(Application No.941104-12,Valencia at Orangetree, Dated: May 26, 1996). Page 6 of this document details the 16 wetlands identified on the property. This permit authorized impact to a canal (FLUCCS 500)and 3.44 acres of wetland impact, of which 1.22 acres required mitigation(seven of the wetlands were isolated and less than 0.5 acres in size). In the time since the permit was issued,two of the wetlands authorized for impact have been partially impacted,while all of the other wetlands remain. A portion of the canal authorized.for impact has been filled. Therefore,the existing wetlands on the property total 26.21 acres. The following is a FLUCCS vegetation description of the existing wetland communities mapped on the parcel: Open Water, FLUCCS 500, 3.91 Acres Wetlands,218.43 Acres Total This community is found isolated in the northeast portion of the property and consists of a manmade canal. Since the issuance of the SFWMD permit,the golf course has been constructed and several new lakes have been dug. At the time of permitting,the canal was the only open water area onthe property. At the time of permitting it was 4.94 acres. It is currently 3.91 acres. Cypress, FLUCCS 621, 10.8 Acres There are eight scattered cypress areas found throughout the property. Vegetation consists of cypress and cabbage palm in the canopy. Midstory contains scattered wax myrtle and dahoon holly. Other vegetation observed includes willow, sawgrass,buttonbush and grapevine. Cypress-Pine-Cabbage Palm, FLUCCS 624, 11.5 Acres There are seven scattered cypress\pine areas found throughout the property. Vegetation consists of cypress, slash pine and cabbage palm in the canopy. Midstory contains scattered dahoon holly. Other vegetation observed includes Caesar weed, grapevine, and Brazilian pepper. B. Determine the present seasonal high water levels and high water levels by utilizing lichen lines or other biological indicators. Wet season water table was established during SFWMD permitting as 13.00' NGVD. See page 3 of the attached SFWMD Staff Review Summary(Application No.941104-12,Valencia at Orangetree, Dated: May 26, 1996)for confirmation. C. Indicate how the project design improves / affects pre - development hydro - periods. The surface water management system for the project has been permitted by the SFWMD through a series of conceptual and construction approvals. The surface G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update doe Page 9 of 17 water management system has been approved and found acceptable by the SFWMD with respect to appropriate on site hydro-periods. Each of the attached permits and SFWMD staff review summaries give a description of the proposed facilities authorized. D. Indicate proposed percent of defined wetlands to be impacted and the effects of proposed impacts on functions of wetland areas. See attached SFWMD Staff Review Summary(Application No.941104-12, Valencia at Orangetree, Dated: May 26, 1996). Page 6 of this document details the 16 wetlands identified on the property. Page 7 gives a preservation and impact summary. This permit authorized impact to a canal (FLUCCS 500) and 3.44 acres of wetland impact, of which 1.22 acres required mitigation(seven of the wetlands were isolated and less than 0.5 acres in size). In the time since the permit was issued,two of the wetlands authorized for impact have been partially impacted, while all of the other wetlands remain. A portion of the canal authorized for impact has been filled. Therefore,the existing wetlands on the property total 26.21 acres. Approximately 3.44 acres of wetland impact have been permitted through the SFWMD. This constitutes approximately 12.5 % of onsite wetlands. See page 8 of the SFWMD Review Summary for wetland impact breakdown. Currently what is proposed for impact is 2.63 acres, or 9.6% of original site wetlands. This is less than what is permitted through the SFWMD. E. Indicate how the project design minimized impacts on wetlands. See attached SFWMD Staff Review Summary(Application No.941104-12, Valencia at Orangetree, Dated: May 26, 1996). Page 6 of this document details the 16 wetlands identified on the property. Page 7 gives a preservation and impact summary. This permit authorized impact to a canal (FLUCCS 500)and 3.44 acres of wetland impact, of which 1.22 acres required mitigation(seven of the wetlands were isolated and less than 0.5 acres in size). In the time since the permit was issued, two of the wetlands authorized for impact have been partially impacted,while all of the other wetlands remain. A portion of the canal authorized for impact has been filled. Therefore,the existing wetlands on the property total 26.21 acres. Approximately 3.44 acres of wetland impact have been permitted through the SFWMD, but what currently is proposed for impact is 2.63 acres, or 9.6% of original site wetlands. This is LESS than what is permitted through the SFWMD. F. Indicate how the project design shall compensate for the wetland impacts pursuant to the Collier County Growth Management Plan. MITIGATION DISCUSSION Seven of the wetlands proposed for impact are less than 0.5 acres in size. The SFWMD is not requiring mitigation for these impacts (2.22 acres). As compensation for the remaining 1.22 acres of impacts to the wetlands; 9.17 acres of uplands adjacent to preserved wetlands\upland buffers will be enhanced. G:\I-IP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doc Page 10 of 17 Therefore, 17.04 acres of uplands (9.17 acres of uplands compensation and 7.81 acres of uplands buffers) will be preserved adjacent to remaining wetlands. The uplands will be enhanced by exotic removal and supplemental planting of slash pine. See pages 8 & 9 of the attached SFWMD Staff Review Summary (Application No.941104-12, Valencia at Orangetree, Dated: May 26, 1996) for confirmation. 5. Upland utilization and species of special status. A. Define number of acres of uplands by vegetative type species, vegetation composition canopy, midstory and ground cover, vegetation abundance, dominant, common, occasional, and their upland function. During permitting,the parcel originally had 27.44 acres of jurisdictional wetlands and 1207.81 acres of uplands. In the time since permits were issued, site modifications have taken place and the parcel currently contains 26.21 acres of wetlands (22.30 acres of forested wetlands& 3.91 acres of OSW), 214.52 acres of manmade lakes, and 994.52 acres of uplands. The uplands include the following FLUCCS communities: Medium Density Single Family Residential,FLUCCS 121, 113.85 Acres This portion of the property contains existing single family homes that were constructed as part of the Orange Tree PUD. Medium Density Residential Under Construction, FLUCCS 129, 121. 52 Acres This portion of the property is in varying stages of construction from site re- grading and infrastructure to vertical construction of homes. Commercial Convenience Store, FLUCCS 140, 2.09 Acres An existing convenience store is located in the northwest corner of the property. Valencia Golf Course, FLUCCS 182, 146.90 Acres This community consists of the Valencia golf course that has already been constructed. Community Facilities, FLUCCS 186, 5.85 Acres An existing community park is located along Oil Well Road. Saw Palmetto, FLUCCS 321, 19.93 Acres This community is found in scattered patches throughout the property. Canopy contains occasional slash pine. Midstory includes dense saw palmetto. Other vegetation present includes buckthorn, grapevine, poison ivy, beggar's ticks, Caesar's weed,pennyroyal and rusty lyonia. Pine Flatwoods, FLUCCS 411, 227.74 Acres G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doc Page 11 of 17 This community is found primarily in the southeast portion the property and in patches throughout the golf course. It is dominated by slash pine and cabbage palm in the canopy. Midstory includes dense saw palmetto and scattered Brazilian pepper. Other vegetation present includes buckthorn, grapevine,poison ivy, beautyberry, Caesar's weed, pennyroyal, rusty lyonia and myrsine. Disturbed Lands, FLUCCS 740, 326.42 Acres This community is found throughout the property and consists of lands that were cleared adjacent to the golf course for residential tracts. Vegetation is typical of disturbed areas and consists of a variety of weedy plants. Entrance Roadway, FLUCCS 814, 3.09 Acres This area delineates the entrance road to the Valencia golf course. Water Treatment Utility, FLUCCS 830, 27.13 Acres This portion of the property located north of Oil Well Road consists of an existing Water Treatment Facility. B. Indicate proposed percent of defined uplands to be impacted and the effects of proposed impacts on functions of upland areas. The site currently contains 994.52 acres of uplands. Approximately 90.00 acres of indigenous vegetation will be retained on the subject site. Of this acreage, 19.67 acres is wetland and 70.33 acres is upland. Therefore, 924.19 acres or approximately 93%of uplands on the property will be developed. The effects of the impacts will be permanent conversion to developed uses. C. Indicate how the project design minimizes impacts on uplands. The project is attempting to minimize impacts to indigenous uplands by providing mitigation through upland compensation. Additional uplands adjacent to wetlands and wetland buffers are being preserved and enhanced. A total of 70.33 acres of uplands will be preserved. D. Provide a plant and animal species survey to include, at a minimum, species of special status that are known to inhabit biological communities similar to these existing on site and conducted in accordance with the guidelines of the FGFWFC. Two plant and animal surveys have been conducted on the property according to FGFWFC guidelines. The first involved field investigations of the+1- 716.67 acre Orange Tree Associates Property(Valencia portions) on January 21st, 23`d, 24th, 27th, 28th and February 5th, 2003. The results of this survey were as follows: Protected Species Survey Results: G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doc Page 12 of 17 Plant: No protected plants observed. Wildlife: • One Big Cypress Fox Squirrel was observed along the margin of the existing golf course. Two Southeastern American kestrels were observed using vacant areas. A wood stork was observed along an existing lake. A second protected species survey was conducted on additional areas of the Orange Tree PUD that made the total surveyed area approximately 1,235.25 acres. The fieldwork for this update was conducted on December 18th, 23rd and 24th, 2003. The results of the updated survey were as follows: Protected Species Survey Results: Plant: No protected plants observed. Wildlife: Two Southeastern American kestrels were observed using vacant areas. A wood stork was observed along an existing lake. E. Indicate how the project minimizes impacts on species. of special status. The fox squirrel observed was using a portion of the property that has already been developed as golf course. The golf course provides substantial upland and wetland habitat for wildlife and provides open space with a lower level of human activity. It also provides corridors that wildlife can use to move throughout the property. The wood stork is using an existing lake for foraging. The kestrels appear to be foraging in areas that have been cleared for construction. 6. Marine and estuarine resources. A.-H. No marine or estuarine resources exist on or are adjacent to this parcel. 7. Noise A. Describe changes in decibels and duration of noise generated during and after the project (both day and night) that will exceed Collier County regulations. The proposed use will not generate noise beyond the existing background noise created by Randle Boulevard, Immokalee Road, and Oil Well Road. Noise is not expected to exceed county standards. B. Describe steps that will be taken to reduce noise levels during and after the project. G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doc Page 13 of 17 All applicable standards for construction activities will be met. C. Project compliance with Federal Aid Highway Program Manual 7-7-3. No Federal Highway Aid is being requested for the project. 3.8.5. 4.2 Public facilities and services Wastewater Management A. Describe existing treatment facilities as to capacity, percent capacity being used, type of treatment and degree of treatment. The proposed project is currently located in the Orangetree Utility Service Area for wastewater treatment. Wastewater from this area is treated at the Orangetree Utility Treatment Facility (OUTF). The present permitted capacity of the OUTF is 0.432 million gallon per day (mgd) based upon Annual Average Daily Flow and 0.648 mgd for Maximum Month Daily Flow. The OUTF utilizes an extended aeration process for wastewater treatment. B. If applicable, describe similar features of proposed new treatment facilities. High-level disinfection and filtration to allow for reuse of the treated effluent is proposed for future use. C. Describe the character and fate of liquid and solid effluents. Liquid effluents include typical domestic wastewater; solid effluents will be typical of a residential community including various paper products, left over food products, etc. The fate will be the Orangetree Utility Treatment Facility (OUTF). Water Supply. A. Estimate average daily potable and non-potable water demand by the project. Potable SF: 2500 units x 154 gallons per capita x 2.0 people per unit=770,000 gallons per day average. Potable MF: 1,250 units x 154 gallons per capita x 1.5 people per unit=288,750 gallons per day average. Non-potable: 3.376 MILLION gallons per day average. B. Source of raw water supply. Potable: The Orangetree Utility Company will be servicing the project. Non-potable: Onsite lakes, wells and effluent. C. Analysis of on site treatment systems relative to State and County Standards. G:\FIP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doc Page 14 of 17 None anticipated. Solid Wastes. A. Estimate of average daily volumes of solid wastes. Approximately 210,000 lbs. per week or 30,000 lbs. per day. Assuming: 833 units x 8 lbs. per day=30,000 lbs. per day. B. Proposed method of disposal of solid wastes. Garbage cans and dumpsters will be provided on site and scheduled for regular pickup at least once per week by a licensed commercial hauler. A licensed hauler will likewise dispose of recyclables. C. Any plans for recycling of resource recovery. Recycling will be in accordance with Collier County's current waste recycling program. 4. Recreation and open spaces. A. Acreage and facilities demand resulting from the new use. Land has previously been donated by the developer for schools and parks. B. Amount of public park or recreation land donated by developer. Per Ordinance 87-13 March 31, 1987, as stated therein • 25 acres to be provided with potable water and sanitary sewer service for Schools/Park to Collier County Public School District. A high school is under construction in this location. • 55 acres for Public Use Purposes,including the Collier County fairgrounds to Collier County. • 1.5 acre fire station site to Corkscrew Fire District which at the Fire District's election instead was monies to purchase a new fire truck. C. Management plans for any open water areas if one-half acre of more within the project. Open water areas such as ponds will be created and incorporated into the surface water management system. Open water areas will meet Collier County requirements for littoral zones and removal of exotic\nuisance species, such as cattails. D. Plans for recreational development by the developer on dedicated lands. G\IIP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update doe Page 15 of 17 There are no plans by the developer on dedicated lands. E. Amount of public recreation lands removed from inventory by the new use. No public recreation lands are being affected by this project. F. Development and/or blockage of access to public beaches or waters. No access to public beaches or water is blocked by this project. 5. Aesthetic and cultural factors. A. Documentation form Florida Master Site File, Florida Department of State and any printed historic or archaeological surveys conducted on the project area. No Historical or Archaeological sites were identified during the South Florida Water Management District permitting process. No archaeological surveys have been conducted on the property. B. Known historic or archaeological sites and relationships to proposed project. No Historical or Archaeological sites were identified during the South Florida Water Management District permitting process. No archaeological surveys have been conducted on the property. C. Demonstrate how the project design preserves the historical / archaeological integrity of the site. No Historical or Archaeological sites were identified during the South Florida Water Management District permitting process. No archaeological surveys have been conducted on the property. D. Indicate any natural scenic features that may be modified by the project and explain what actions will be utilized to preserve aesthetic values. The applicant is preserving wetlands and uplands on the property. E. Provide the basic architectural and landscaping designs. All buildings, signage, landscaping, and visible architecture infrastructure shall have a similar architectural theme and be aesthetically unified. Said similar architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update.doc Page 16 of 17 6. Monitoring A. Describe the design and procedures of any proposed monitoring during and after site preparation and development. Monitoring will be in accordance with the South Florida Water Management District. See exhibits 13, 14, & 15 of the attached SFWMD Staff Review Summary (Application No.941104-12,Valencia at Orangetree, Dated: May 26, 1996) for confirmation. Sec. 3.8.6 Specifics to address. 1. Indicate how the proposed project has incorporated the natural, aesthetic, and cultural resources and other environmental considerations into the planning and design of the project. Exotics will be removed in the wetland preserves,providing better habitat for wetland dependent species. Upland buffers and uplands compensation have been provided to provide a more diverse range of habitats available to wildlife. 2. List the environmental impacts of the proposed action and the reasons the impacts are unavoidable and that the impacts represent the minimum impacts possible to the environmental quality of the site and surrounding area which might be affected by the proposed use. There will be approximately 3.44 acres of wetland impacts to SFMWD or Collier County wetlands. Impacts to onsite wetlands will be mitigated appropriately to ensure no net loss of wetland function. The project has been permitted and the mitigation approved by the South Florida Water Management District. 3. Provide substantial alternatives to the proposed project to that reasons for the choice of course of action are clear, not arbitrary or capricious. The proposed use for this property is consistent with the Collier County Growth Management Plan and is an appropriate use for this property. The property meets the requirements of a residential\golf development. 4. List immediate short-term and long term impacts to the environment. Short Term: 1) Construction noise. Long Term: G:\FIP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Collier Co.EIS-update doe Page 17 of 17 3.44 acres of wetlands will be impacted, but impacts to wetlands will be mitigated accordingly for no net loss of function. Additionally, approximately 924.19 acres of uplands will be converted to developed uses. 5. List any irreversible or irretrievable commitments of natural resources which would be involved in the proposed action should it be implemented. The consumption of fuels and building materials would be required for construction. 3.44 acres of wetlands will be impacted, but impacts to wetlands will be mitigated accordingly for no net loss of function. Additionally, approximately 924.19 acres of uplands will be converted to developed uses. 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Professional Affiliations National Association of Environmental Professionals Florida Association of Environmental Professionals Work History December 2002 to Present Environmental Consultant\Land Planning Consultant Hoover Planning & Development, Inc. Naples, Florida September 1994 to December 2002 Environmental Consultant Boylan Environmental Consultants, Inc. Ft. Myers, Florida Professional Experience • Vegetation&Habitat Mapping ■ GIS /GPS Mapping • Environmental Assessments • Environmental Resource Permitting (ERP) • Protected Species Surveys ■ Environmental Land Use Planning • Species Management Plans • Site Planning • Wetland Delineation • Native Vegetation Restoration Plans • Wetland Jurisdictional Determinations • Gopher Tortoise Relocations • Environmental Impact Statements (EIS) • Incidental Take Permitting • Mitigation Planning & Design • PUD Submittals • Wetland Monitoring • Conditional Use Requests • Post Permit Compliance • Rezone Requests Experience in Lee, Collier, Charlotte, Glades, and Hendry Counties. Other Professional Experiences 1994. Wrote &published commercial computer software for the rapid identification of freshwater algae, Computer Assisted Algal Recognition (CAAR). 1996. Headed a field research project using telemetry tracking to study the swimming speed of lemon sharks in the Bahamas. 1998. Wrote an ecological assessment computer model for the South Florida Water Management District that was part of the South Lee County Watershed Study. Land Planning: (239)403-8899 Fax: (239)403-9009 Environmental: (239)403-8333 4 = o Tvi U ' ,•—• c - 4 o N 0T N o ilio0401 Z' g7) a) oVt •o c v) m d cdbo c 0. U-0 0 •- r pd Q N rn ooW Pi r S v V N I 7 E c m asc b Z C w N W T c t N 3. H 1 U Em m` clm 02 x 411 0 Z m r m E E m o 2 q N O N w � W m C2 N m= 3 O z m K C¢ m K C :1 II m ▪ l0 jJjJ11II1 0 r •W N N3 iid W ti 0▪0 0.- F N N N N 2 3 1 x A 0/01° U 4 e r H VI ''' ''• 7 a ZCI o m W :;),,,3-1-6:1 O an w i .}-\\...._ �� az U o C... f m 4 ,z„, b ma . o Amemommaiiii . 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WETLAND ID MAP Land,Environmental&Traffic Planning Consultants Scale: 1^=600' Section: 14,23&24 County: Collier 3785 Airport Road North,Suite B-1,Naples,Florida 34105 HP File: wetland ID Map Township: 48S Drawn By: J.S. Date: 04-28-04 Range: 27E Revised On: E Mei 4111/iN ..1.111 ) RESIDENTIAL (R-4) oft MI = Wetland Impacts, 2.63 acres GOLF um COURSE II.' MI Other Surface Water (OSW) Impacts, 3.91 Acres 1101,„ .... .0.151 W° Wetlands Preserved, 19.67 acres ...... tIS fil 'r illilja ill.P...iii 0 RESIDENTIAL (R-3) RESIDENTIAL GOLF COURSE (R-4) 0? . ..,.•:.'.:,:?k::„..... •:'-..:;:.,;..,,. . ?7- .:' .:.. 001.11 RESIDENTI, .fi...:t•.:',.,•,::;*.si .:;,.,.:::;•:, .:.:::.,:::. m1111111111114 L, .. ..,..,...:.: .!,..:.:...,:.:,,: . ,,..: (R-2) ...--!,..r .i411 ,-.;f:•••••,:::1". 9-:.,:::::-.-. .''s'': '4.'•:'::.':; 111111111111111111* \ ',•••,:!.'..: 4: ...i.7;:ir: 6&.. 06 41 SIIIIIk ''; ..:..;,. %ffloill1111111111.AI 11111111, ,,4 1119111h1. 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Date: 04-29-04 Range: 27E Revised On: ZONING AND DEVELOPMENT DOCUMENT for AMNON GOLAN, TRUSTEE ROBERTO BOLLT,TRUSTEE ORANGETREE ASSOCIATES ORANGETREE Amendment Prepared by: DAVIDSON ENGINEERING, INC. 2154 Trade Center Way Suite#3 Naples,Florida 34109 PUD Amendment Application November 22, 1989 Revised February 27, 1991 Revised May 13, 1991 Ordinance#91-43 Revised May 11,2004 Ordinance#04-30 Revised September 14, 2004 Original Z&DD Approval: December 10, 1985 Ordinance Number: 87-13 Approved by CCPC: Approved by BCC: Ordinance Number: INDEX PAGE Index i List of Exhibits and Tables ii Statement of Compliance and Short Title iii SECTION I Property Description 1-1 SECTION II Project Development 2-1 SECTION III Agricultural Development 3-1 SECTION IV Residential Development 4-1 SECTION V C-2 Commercial/Neighborkeed 5-1 C-4 Commercial 5-4 SECTION VI Golf Course 6-1 SECTION VII Community Use 7-1 SECTION VIII School/Park 8-1 SECTION IX General Development Commitments 9-1 LIST OF EXHIBITS AND TABLES EXHIBIT A Master Plan (Prepared by Thomas Lucido&Associates Ref.No. 9020) (Davidson Engineering, Inc. Project#02-0024) TABLE I Land Use Summary TABLE II Estimated Market Absorption Schedule TABLE III Development Standards TABLE III-A&III-B Residential Development Standards TABLE IV Commercial Development Standards ii STATEMENT OF COMPLIANCE The Development of approximately 2136.8 acres of property in Collier County, as a Planned Unit Development, known as Orangetree, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The Development is subject to, and will also be in compliance with the Binding Letter of Interpretation of Vested Rights Status/Binding Letter of Interpretation of Modification to a Development of Regional Impact with Vested Rights/Vested Rights Status notification issued by the Florida Department of Community Affairs on April 8, 1986. The residential and recreational facilities of Orangetree will be consistent with the growth policies, Land Development regulations, and applicable comprehensive planning objectives of each of the elements of the growth management plan for the following reasons: 1. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 2. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 4. The project development will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the Future Land Use Element. 5. The projected gross density of 1.8 d.u.'s per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the Future Land Use designation of Rural Settlement Area SHORT TITLE This Ordinance shall be known and cited as the "Orangetree Planned Unit Development Ordinance." iii SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION, LOCATION,AND PURPOSE It is the intent of Amnon Golan, Trustee, Roberto Bollt, Trustee, Orangetree Associates, (hereinafter called "applicant or developer") to establish construct or have constructed a Development on approximately 2136.87 acres of property located in Collier County,Florida. The subject property is described as "North Golden Gate" on Collier County land use maps and is bounded on the west by Immokalee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways. Oil Well Road (CR 858) runs through the site property in an east-west direction. 1.02 LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2136.87 acres and is : :- -: • :- • _ : :-- _: - : recorded in the Public Records of Collier County, Florida described as follows: Unit 1 Plat Book 9 Pages 12 28 Unit 2 Plat Book 9 Pages 39 43 Unit 3 Plat Book 9 Pages 125 142 Unit 4 Plat Book 9 Pages 53 61 Unit 5 Plat Book 9 Pages 65 72 Unit 6 Plat Book 9 Pages 74 78 Unit 7 Plat Book 9 Pages 85 97 Parts of Sections 13, 14, 22, 23, 24, 25, 26 and 27, Township 48 South, Range 27 East, and Sections 18, 19 and 30, Township 48 South, Range 28 East, Collier County, Florida. Less those lands described as Orange Blossom Ranch PUD, approved by Collier County, 2004. 2-1 SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of the development and to delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT The subject parcel property is designed as to accommodate a mixture of agriculture, residential uses, commercial and community oriented facilities, and recreational elements. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or plats are requested unless those regulations are in conflict with specific approvals granted herein. 2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL The review and approval of subdivision master plans and construction plans shall fellow be in compliance with the design and development standards and review procedures regulating subdivisions efe in Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provisions of Section !. -- . .. : e :' -- 3_3 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land as provided in Section 10.5 3.3 prior to the issuance of a building permit or other development order. 2.05 LAND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the Master Plan, which is attached hereto and made a part thereof, Thomas Lucido & Associates Ref. No., 9020 Davidson Engineering, Inc. Project #02-0024 changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. 2.06 PROJECT DENSITY The total acreage of the subject property is approximately 2136.87 acres. The maximum number of dwelling units to be built on the total acreage is 2,100 3,750. Excluding the 34 acres for commercial uses, the number of dwelling units per gross acre is approximately 0776 1.80. The 2-2 density on individual parcels of land throughout the project may vary according to the type of housing placed unit. on each parcel of land but Regardless of unit type or density, the development of each parcel shall comply with the guidelines established in this document. 2.07 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.04, provided that the total number of dwelling units shall not exceed 2,100 3,750 units in residential areas as depicted on the Master Plan, Davidson Engineering, Inc. Project #02-0024. The Administrator shall be notified in accordance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwelling units shall not exceed 2, 00 3,750. The maximum number of dwelling units by type as shown in Table I shall not vary by more than twenty-five (20 25) percent in each category. The maximum number of dwelling units shall include all caretaker's units but docs not include the designated hotel rooms. The maximum leasable area of commercial building floor area as shown in Table I shall not vary by more than twenty-five(25)percent in each category. 2.08 DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property but the property is to be developed over an estimated 44 30 year-time period. Any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon fatufe market and economic factors. Table II indicates, by phase, the estimated absorption of units for the estimated 44 30 year development period. 2.09 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this documents. 2.10 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed required. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 2.11 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision Master Plan review and approval. 2.12 LAKE SITING 2-3 As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020 Davidson Engineering, Inc. Project #02-0024, lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are layout is to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 80- 26, Section 8A, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however, excess fill material may be utilized off-site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. 2.13 ROADS Collector roads will be public roads. Developer shall determine whether lbocal roads within the development may will be either public or gated private roads„ depending on location, capacity, 2-4 LAND USE SUMMARY TABLE I APPROXIMATE SYMBOL DESCRIPTION UNITS ACREAGE AG Agriculture *2 347 317*1 GC Golf Course *2 200*3 150*3 R4 Residential 143 110 R-2 Residential 4-707 2500 586 569 R-3/R-4 Residential 4-60 250 30 R-4 Residential 1000*6 75 CU Community Use 86 U Utility 15,1 5*5 SP School/Park 171 CN C-2 Neighbor-heed (Max.60,000 69,000 S.F. plus 22 10 Commercial motel units) C-4 Commercial Max. 240,000 S.F. 24 RW Right-of-Way 149.8 LAKE 420 P Preserve Area 90 TOTAL 2,100 3750 2136.8*4 NOTE: The projected total unit summary represents one possible residential mix to yield 2,100 3,750 units. Should there be an increase of units in any residential category, there would be a corresponding decrease in other categories to maintain a maximum total of 2,100 3750 units. R 1 One half acre lots single family. R-2 Detached and attached single family, duplex and triplex, cluster homes, zero lot line, villas,patio homes, townhouses. R-3 Cluster homes, zero lot line villas, patio homes, townhouses, (2 story max.). R-4 Multi-Family condominium,rental apartment(24 unit,4 story max.). *1 Includes agricultural reservoirs. *2 Approved breakdown of agriculture and golf course lands. *3 Includes golf course related lakes. *4 Based on actual survey of acreage. *5 In the event that the utility site is relocated this acreage shall be designated R-4. *6 Including future R-4 2-5 ESTIMATED MARKET ABSORPTION SCHEDULE TABLE II YEAR DWELLING UNIT CUMULATIVE PRODUCTION TOTAL 1 0 0 2 70 50 70 50 3 4-00 50 170 100 4 440 50 310 150 50 50 470 200 6 4-60 50 630 250 7 4-60 50 790 300 8 165 50 955 350 9 165 50 1,120 400 10 165 50 1,285 450 11 165 50 1,450 500 12 165 50 1,615 550 13 165 50 1,780 600 14 4-60 75 41,940 675 15 4-60 75 2,100 750 16 100 850 17 100 950 18 200 1,050 19 200 1,250 20 200 1,450 21 200 1,600 22 200 1,800 23 200 2,000 24 200 2,200 25 200 2,400 26 200 2,600 27 200 2,800 28 200 3,000 27 200 3,200 28 200 3,400 29 200 3,600 30 150 3,750 2-6 SECTION III AGRICULTURAL DEVELOPMENT 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan, Thomas Lucido & Associates Ref. No., 9020 Davidson Engineering, Inc. Project #02-0024 as AG. 3.02 GENERAL DESCRIPTION The AG District is intended to apply to those areas permit the present or prospective agricultural use of which is uses which are pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip- irrigation techniques or any other low volume irrigation, like microj et, shall be implemented for agricultural uses (golf course excepted) in this district. 3.03 PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures: 1) Agricultural activities, such as field crops, reservoirs/lakes, orchards, horticulture, fruit and nut production. 2) Educational plants and ancillary plants. a. "Educational Plant" comprises the educational facilities, site and site improvement necessary to accommodate students, facility administrators, staff, and the activities of the education program of each plant that is operated by the Collier County School Board. "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by the Collier County School Board. However, no "Ancillary Plant" shall be located closer than 900 feet from Waterways of Naples, located to the wet of the School Board property, unless an application for a Conditional Use pursuant to the requirements of Section-2,74 Chapter 10.08.00 of the LDC is approved. B. Permitted Conditional Uses: Any "Ancillary Plant" closer than 900 feet from the eastern edge of Waterways of Naples will require a Conditional Use pursuant to the requirements of Section 2.7.4 of the LDC. 3-1 C. Permitted Accessory Uses and Structures: 1) Accessory uses and structures which are incidental to and customarily associated with uses peimitted in the district. 2) On-site retail sales of farm products primarily grown on the farm. 3) Caretakers residences. D. Permitted Uses Requiring Site Development Plan Approval: 1) Packing Houses 2) Public Educational plants and ancillary plants E. Development Standards for Educational Plants and Ancillary Plants: 1) In accordance with the Interlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16, 2003, including any amendments adopted thereto. 2) Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty-six (36) feet for accessory structures. 3) Screening and buffering shall be provided along the western edge of the School Board's property, adjacent to Waterways of Naples as follows: beginning from the area just to the south of the RV park, a five foot berm shall be constructed within a fifty(50) foot buffer area. A type "B" buffer will be constructed on top of this berm. This buffer will also extend from the School Board's northwesterly property line for a distance of approximately three hundred and fifty (350) feet to the east or to the westerly edge of the existing lake. This buffer area shall be in place by December 31, 2004. 3-2 SECTION IV RESIDENTIAL DEVELOPMENT 4.01 PURPOSE The purpose of this Section is to set forth general regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020 Davidson Engineering, Inc. Project #02-0024 as Residential(R4 R-2 to R 3 R-4). 4.02 MAXIMUM DWELLING UNITS A maximum number of 2,100 3.750 dwelling units may be constructed on lands designated as Residential (R4 R-2 to R 3 R-4)except as permitted by Section 2.07. 4.03 GENERAL DESCRIPTION Areas designed as Residential (R4 R-2 to R 3 R-4) Master Plan, Thomas Lucido & Associates Ref. No. 9020 Davidson Engineering, Inc. Project #02-0024 can are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational facilities provided such. The religious, governmental and educational uses must meet the development standards as set forth in this document. FOtif Three residential land use categories have been identified on the Master Plan. The R 1 designation includes approximately 110 acres and will accommodate single family development on one half acre lots. The R-2 designation includes areas are approximately 569 acres and will provide for both conventional detached and attached single family development. The R-3 area is approximately 30 acres and the R-4 area is approximately 75 acres designation includes approximately 30 acres of and provide for low density cluster and high density multi-family development. 4.04 PERMITTED PRINCIPAL USES AND STRUCTURES R1 • Detached single family homes • Model units R-2 • Detached and attached single family homes • Duplex and triplex units • Cluster homes, zero lot line, villas,patio homes,townhouses • Model units • Recreational facilities,parks, lakes and water management facilities R-3 • Cluster homes, zero lot line,villas, and patio homes • Townhouses 4-1 • Garden apartments, low rise multi-family • Recreational facilities,parks,lake and water management facilities • Model Units R-4 • Multi-Family, midrise condominium/rental apartment • Model Units 4.05 PERMITTED ACCESSORY USES AND STRUCTURES • Accessory uses and structures customarily associated with uses permitted uses in this district • Essential services and facilities • Accessory Guest homes in R 1 areas on lots one acre or larger in size 4.06 PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL UNDER SECTION 2.04 • Religious facilities • Civic and cultural facilities • Educational facilities • Private Clubs • Child care centers—owner occupied • Instructional and non instructional fitness centers (Only for use by residents of the PUD and their guests, and limited to location in a clubhouse or neighborhood/community center) • Rest homes, foster homes, rehabilitation center,hospices • Other non-residential uses customary in residential districts • A variety of recreational amenities to serve the residential community including, but not limited to: tennis,pools, racquetball,basketball, etc. 4.07 DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject parcel. a. Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards the development standards or Table III.A and III.B. apply to principal structures. b. Roadway setbacks shall be measured as follows: 1. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a private road, setback is measured from the road easement or parcel line. 3. If the multi-family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. 4-2 DEVELOPMENT STANDARDS "R"Residential Areas TABLE III A R-3 R-3 R-4 R-4 MULTI VILLAS, SINGLE LOW RISE FAMILY PERMITTED PATIO& FAMILY AND CONDOMINIUM/ USES I R-2 CLUSTER ATTACHED, GARDEN RENTAL STANDARDS DETACHED DETACHED HOMES TOWNHOUSE APARTMENT APARTMENT Minimum Site 'h AC 4500 6000 SF 3000 SF 3000 SF - Area - Site Width Min. 120 60 45 Avg. — Front Yard 30 25 20 20 25 25 Setback Side Yard 20 5.5 O or 10 O or 10 15 15 Setback — Rear yard 25 20 15 25 15 3&25 30 Setback — — — Rear Yard 0 5 0 0 0 0 Setback Acsry. – Preserve 25 25 25 25 25 Setback — — — — — Preserve 10 10 10 10 10 Setback Acsry — — — — — Max Building 25 25 25 25-35 25 50 75 Height — — Dist. Between Principal Str. N/A N/A N/A .5 SBH N/A .5 SBH 20 25 Floor Area 1200 1000 750 900 750 750 550 550 Minimum(S.F.) SITE DEPTH AVERAGE: Determined by dividing the site area by the site width SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining setback requirements. When the zero lot line option is utilized, a site improvement plan shall be approved prior to issuance of a building permit. BH: As measured from the finished floor to the midpoint of the roof line. 4-3 DEVELOPMENT STANDARDS "R"Residential Areas TABLE III B PERMITTED CIVIC/ OTHER USES EDUC. CULTURAL RELIGIOUS PRIVATE USES NOT STANDARDS FACILITIES FACILITIES FACILITIES CLUBS LISTED Minimum Site As determined during the process under Section 2.04. Area Site Width As determined during the process under Section 2.04. Min. Avg. Site Depth As determined during the process under Section 2.04. Min. Avg. Front Yard Per County Setback 40 40 40 30 Regulations In Side Yard 30 30 30 20 effect at the Setback time a permit Lake Bank 20 20 20 20 is requested. Setback Rear Yard 30 or BH 30 or BH 30 or BH 30 Setback Rear yard Setback 10 10 10 10 Acsry. Preserve 25 25 25 25 Setback — — — — Preserve Setback 10 10 10 10 Acsry. Max Building 25 25 25 25 Height(Ft.) Dist. Between .5 SBH .5 SBH .5 SBH .5 SBH Principal Str. Floor Area Minimum 1000 1000 1000 1000 (S.F.) 4-4 SECTION V-A C—N C-2— COMMERCIAL 5.A.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Thomas Lucido & Associates Ref. No. 9020 the Master Plan, Davidson Engineering, Inc. Project #02- 0024, as 'CN' C-2. The CN C-2 tract is intended to provide residents with a conveniently located commercial facilities and services that are typically generally required on a regular basis. 5A02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services;book stores. 3) Carpet and floor covering sales (including storage and installation); child care candy stores; convenience commercial establishments. 11) Delicatessen; drug stores; dry cleaning shops; dry good stores. 5) Electrical supply stores. feede 7) Gift shops; gourmet shops; hospices. 9) Ice cream stores; ice sales; interior decorating showrooms. 10) Jewelry stores. liquor stores. hotel and transient lodging; music stores. 13) Office(retail or professional); office supply stores. 5-1 14) Park and ride, paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. 15-) adio and television sales and services; excluding satellite dishes and antennas; -- .. . . ••- .. . ...-; - . . .. •. . --; .. . - . . .. . ; 16) Souvenir stores; stationery stores; supermarkets and sanatoriums. 18) Variety stores; veterinary offices and clinics (no outside kenneling). 19) Watch and precision instrument sales and repair. - --.. - •- - - . . «. 1) Uses that are permitted in the C-2 zoning district of the Collier County Land Development Code. 5.A.03 DEVELOPMENT STANDARDS All requirements as set forth in the Collier County Land Development Code for development of the C-2 zoned tract in force at the time of SDP application will apply. A) Minimum Site Area: As approved under Section 2.04. B) Minimum Site Width: As approved under Section 2.04. C) Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas: Twenty-five (25) feet. Abutting residential areas: Thirty five (35) Twenty-five (25) feet in which asa appropriately designed and landscaped buffer shall be provided, as determined under Section 2.04, and in which no parking shall be permitted. D) Distance between principal structures: None, or a minimum of five (5) feet with unobstructed passage from front to rear yard. E) Maximum Height of Structures: Twenty five (25) Thirty-five (35) feet above the finished grade of the site. F) Minimum Floor Area of Principal Structures: One thousand Five hundred (1,000 500) square feet per building on the ground floor. 5-2 G) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable the Collier County Land Development Code fegulatiefis in effect at the time permits are sought. H) A maximum of Sixty-nine thousand square feet (60,000 69,000 S.F.) of leasable commercial building floor area shall be permitted in the CN C-2 district, exclusive of motel use in accordance with Table I. I) No outside display or storage shall be permitted. 5-3 SECTION V-B C-4— COMMERCIAL 5.B.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Davidson Engineering, Inc. Project #02-0024, as C-4. The commercial tracts are intended to provide residents with conveniently located commercial facilities and services that are generally required on a regular basis. 5.B.02 PERMITTED USES AND STRUCTURES No building or structure,or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Uses that are permitted in the C-4 zoning district of the Collier County Land Development Code. B. Permitted Accessory Uses and Structures 1) One (1) architectural entrance feature within each C-4 Commercial tract, which may include a fountain or similar water feature and a wall or ground sign, subject to the following: a. Such signs may contain only the names of the subdivision, residential neighborhood, shopping center and anchor tenant. b. Maximum size: The sign copy areas of the ground or wall sign, in combination shall not exceed a maximum of 150 square feet, with no individual sign copy area exceeding 32 square feet. c. Maximum height and width: The height of a ground or wall sign shall not exceed the height of the wall or gate upon which it is located or eight feet, whichever is most restrictive. d. Setbacks: Such architectural feature shall maintain a minimum 10 foot setback from any property line. 5.B.03 DEVELOPMENT STANDARDS All requirements as set forth in the Collier County LDC for development of C-4 zoned tracts in force at the time of SDP application will apply. A) Minimum Site Area: As approved under Section 2.04. B) Minimum Site Width: As approved under Section 2.04. 5-4 C) Minimum Yard Requirements from parcel boundaries for Principal Structures: Abutting non-residential areas: Twenty-five(25) feet. Abutting residential areas: Twenty-five (25) feet in which an appropriately designed and landscaped buffer shall be provided, as determined under Section 2.04,. D) Distance between principal structures: None, or a minimum of five (5) feet with unobstructed passage from front to rear yard. E) Maximum Height of Structures: Thirty-five(35) feet above the finished grade of the site. F) Minimum Floor Area of Principal Structures: Five hundred (500) square feet per building on the ground floor. G) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable the Collier County Land Development Code regulations in effect at the time permits are sought. H) Two-hundred forty thousand square feet (240,000 S.F.) of leasable commercial building floor area shall be permitted in the C-4 district in accordance with Table I. I) No outside display or storage shall be permitted. 5-5 DEVELOPMENT STANDARDS "C-2"and"C-4" Commercial Areas TABLE IV PERMITTED USES STANDARDS C-2 C-4 Minimum Site Area As determined during the process under Section 2.04 Site Width Min. Avg. As determined during the process under Section 2.04 Minimum Yard Requirements' Abutting Non-Residential Areas 25 feet 25 feet Abutting Residential Areas 25 feet 25 feet Preserve Setback 25 feet 25 feet Preserve Setback Acsry 10 feet 10 feet Max Building Height2 35 feet 35 feet Dist. Between Principal Str. None or a minimum of 5 feet with unobstructed passage from front to rear yard Floor Area Minimum(S.F.) 500 SF per building on the ground floor Maximum leasable commercial floor area 69,000 SF 240,000 SF 1: Measured from parcel boundaries 2: Measured from finished grade of the site. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear oint of intersection with the rear .arcel line . SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining setback requirements. When the zero lot line option is utilized, a site improvement plan shall be approved prior to issuance of a building permit. 5-6 SECTION VI 'GC' GOLF COURSE 6.01 GOLF COURSE DISTRICT The Golf Course District is intended to provide for an 18-hole Golf course within the project. 6.02 PERMITTED LOCATIONS It is recognized that golf courses provide open space for an the entire community and serve a variety of functions including important water management functions. The Golf Course District is generally depicted on the Master Plan, Davidson Engineering, Inc. Project #02-0024. Therefore, the Golf Course District shall be a floating use and may be located within the not be substantially cffccted. 6.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for other than one or more of the following uses: A. Permitted principal Uses and Structures 1) Golf Course 2) Racquetball,handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of food and alcoholic beverages. 4) Any other commercial use or service which is comparable in nature with the foregoing uses and which the administrator determines to be compatible in the district. 5) Up to 100 residential units will be permitted to be used as resort lodging as an accessory use for the golf course. Said units will be constructed per the R-4 Development Standards listed in Section IV except that minimum floor area will be 350 sq. ft. B. Permitted Accessory Uses and Structures 1) Pro-shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non-commercial plant nursery. 3) Maintenance shops and equipment storage. 6-1 4) Accessory uses and structures customarily associated with the uses permitted in this District. 5) Snack bars. 6) A maximum of two (2) residential units in conjunction with the operation of the golf course. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. 6.04 DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 25' For Clubhouse and accessory buildings 35'. Maximum Height for Resort Lodging shall be 75'. B. Overall site design shall be harmonious in terms of landscaping, locations of structures, locations of access strccts and parking ar as, and location and treatment of buffer areas. G B. Buildings shall be set back a minimum of fifty (50) twenty five (25) feet from abutting residential neighborhoods and the setback area shall be landscaped. Tennis courts shall be set back a minimum of five(5) feet from parcel boundaries. 13 C. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. 6.05 SITE PLAN APPROVAL REQUIREMENTS A. A plan of the golf course shall be approved in accordance with Section 2.04 prior to construction. B. Plans for all principal and all accessory uses shall be submitted to the Administrator for approval in accordance with Section 2.04. 6-2 SECTION VII COMMUNITY USE 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master • -- ' •! ! the Master Plan, Davidson Engineering, Inc. Project#02-0024 as CU, Community Use. The Gite includes Community Use Parcel is 55 acres, has been dedicated to Collier County, and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for this project. An additional 31 acres may be used for CU at the discretion of the developer and Collier County for expansion of the Collier County Fair Grounds. 7.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: • Parks and playgrounds • Bicycle,hiking and nature trails • Recreational shelters and restrooms • Recreational fields, sports facilities and courts • Community centers • Restaurant or snack bar in conjunction with recreational activities • Water management facilities and essential services • Collier County Fair Grounds • State of Florida Forestry Department facilities • Fire Station Site • Other governmental facilities • Park and ride facilities • Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). 7.03 DEVELOPMENT STANDARDS A. Minimum site area: None B. Minimum setback from tract boundaries: 50' C. Minimum setback from road right-of-way: 25' D. Maximum height of structures: 25' (except fire observation tower) E. Minimum distance between buildings: '/2 the sum of their heights F. Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. 7-1 SECTION VIII 'SP' SCHOOL/PARK 8.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Asseciates Ref. No. 9020 the Master Plan, Davidson Engineering, Inc. Project#02-0024, 'SP' School/Park. The SP site includes 160 acres reserved for use as a school site and associated park facilities. This site shal4-13e has been dedicated to the Collier County Public School District at the convenience to the developer, or when requested by the School District, whichever occurs first. The site shall be provided with potable water and sanitary sewer service in conformance with this An additional 11 acres has been designated med for use as a community recreational park as shown on the Master Plan. 8.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Elementary or middle school and facilities 2) Parks and playgrounds 3) Bicycle, hiking and nature trails 4) Recreational shelters and restrooms 5) Recreational fields, sports facilities and courts 6) Water management facilities and essential services 7) Any other use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals("BZA"). 8.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements: 30'from all'SP'tract boundaries for principal structures 20' from lake banks 4) Maximum Height: 25' 5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. 6) Distance Between Principal Structures: '/2 the sum of the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. 7) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 8-1 8) Prior development, a development plan for the tract shall be approved in accordance with Section 2.04. 6-2 SECTION IX GENERAL DEVELOPMENT COMMITMENT 9.01 PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 9.02 DEVELOPMENT COMMITMENTS A. ENERGY 1) Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state-of-the-art energy conservation techniques shall be made where practically and economically feasible. Such techniques may include,but shall be limited to the following: a. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi-family residential areas. b. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve the project area. c. Use of energy-efficient features in window design (e.g., shading and tinting). d. Use of operable windows and ceiling fans. e. Installation of energy-efficient appliances and equipment. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy-efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. i. Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. j. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. 9-1 1. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. m. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n. Inclusion of porch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). B. AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality,where such permits are required. C. TRANSPORTATION 1) Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, or Division 3.15 Chapter 6 of the Land Development Code, as amended. 2) The developer shall provide separate left and right turn lanes on Immokalee Road as the project's access points if deemed necessary by either the Transportation Operations Director or Transportation Engineer, unless the development is complete and the developer no longer has an interest. The developer and shall fund one hundred percent of the capital cost of any traffic signals associated with the ingress and egress when deemed warranted by the County Traffic Operations Engineer has already made a fair share contribution toward the capital cost of a traffic signal at the intersection of CR 846 and CR 858 as was warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. 3) The developer shall bear the entire cost of all traffic signals which may become needed at intersections within the project unless the development is complete and the Developer no longer has an interest. 4) The developer will provide a comprehensive network of sidewalks and green ways. The main purpose of the green ways and sidewalks will be to connect the various elements of this PUD. This network will provide non-vehicular access to the commercial and community use portions from residential areas within the PUD. Sidewalks will not exceed 5.0' in width within the residential portions of the PUD and 8.0' in width along Immokalee Road and Randall Boulevard. Additionally,the developer will provide road crossing infrastructure, i.e. striping, and signage, at interconnects between the residential areas to the south of Oil Well Road and the Collier County Schools to the North. D. WATER MANAGEMENT 9-2 1) A master/conceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 3) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. 4) The water management for the Orangetree project shall implement water quality "best management practices"to the extent possible. 5) An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. 6) Reservoirs/lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88-26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs/lakes is ever changed to a use other than agriculture, all areas of the reservoirs/lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. E. WATER& SEWER 1) The submission of this Zoning and Development Document, any action taken on it, or anything contained herein, shall in no manner affect, modify, reaffirm, or extinguish any legal or equitable rights or responsibilities of Collier County, Orangetree Associates, or Orange Tree Utility Company, if such rights or responsibilities existed prior to the submission of this Zoning and Development Document. 2j Water Facilities—Developer Orange Tree Utility Company, Inc. shall provide an on-site potable water source and shall construct an on-site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. 2)2) Sewer Facilities — Developer Orange Tree Utility Company, Inc. shall construct an on-site sewage treatment plant and sewage collection and transmission system to serve all developed portions. Treatment plant shall provide treatment levels, pursuant to Chapter 17-6.040(q), Florida Administrative Code, required to allow use of treated effluent in the proposed on-site drip irrigation system. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. 9-3 During the time that the Developer Orange Tree Utility Company, Inc. operates the sewage treatment plant, data required pursuant to County Ordinance No. 80- 112 showing the availability of sewage service will be submitted for approval by the Utilities 4Division prior to approval of the construction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collection and transmission systems and the on-site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3-}4) Plans Approval — All construction plans and technical specifications and proposed plats—plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the uUtilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Prior to approval of construction documents by the Utilities Division, the Developer Orange Tree Utility Company, Inc. will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer Orange Tree Utility Company, Inc.to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities filed with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to the project. 4-) Facilities Ownership and Conveyance — It is understood by the Developer Orange Tree Utility Company, Inc. that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer County. Further, as a condition of PUD approval, Orange Tree Utility Company, Inc. shall convey the water and sewer treatment plants and distribution/collection systems to Collier County at no cost. Notwithstanding anything herein to the contrary, the County in turn will agree not to make formal request to serve the project with water or sewer related services until on or after January 1, 200-1-2012. In that regard, Developer Orange Tree Utility Company, Inc. and any interim utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project. 9-4 Once the water/sewer systems have been conveyed to Collier County, any required expansions to the on-site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer Orange Tree Utility Company, Inc., and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction,the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. 0 Rights-of-way/Easements —All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights-of-way or on lands owned or controlled by Developer Orange Tree Utility Company, Inc. for which Developer Orange Tree Utility Company, Inc. can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer Orange Tree Utility Company, Inc., his assigns or successors. At the time of system conveyance Developer Orange Tree Utility Company, Inc. shall provide all required easements. At such time as Collier County discontinues operation of the on-site water or sewer plants, the plant site shall be conveyed back to the developer Orange Tree Utility Company, Inc. by applicable statutory deed and site utility easements shall be vacated, except that an easement shall be reserved for any connecting facilities required,pursuant to paragraph 6. Easements will be provided to Collier County Utilities for three separate well locations as shown on the PUD Master Plan, Davidson Engineering, Inc. Project #02-0024. One well location, 60' x 50' will be adjacent to Oil Well Road at the northwestern boundary of the 14 acre C-4 parcel and is intended to provide for a well house. The second well location, 60' x 40' will be adjacent to Orange Grove Trail at the boundary of the 10 acre C-2 parcel. The third well location, 60' x 40' will be adjacent to Randall Boulevard at the southeastern boundary of the 10 acre C-4 parcel. These sites will be spaced a minimum of '/ of a mile apart. The lateral raw water pipelines will be within the access roadway's County utility easements. The Developer agrees to reserve area to be conveyed to Collier County at a later date for Utility and Access easements at opposing corners of the +/- 90 acre lake within the Orange Blossom Ranch PUD. These areas are shown on the PUD Master Plan, Davidson Engineering, Inc. Project#02-0024. 6-}7) Connection to county Water and/or Sewer Facilities—All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. 9-5 Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer Orange Tree Utility Company, Inc., his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within 120 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of and/or sewer lines necessary to make the connection(s). County is in the process of developing a regional water and wastewater utility system for the area encompassed herein, and the surrounding vicinity. County desires for the developer to convey the present and future customers of the water and sewer facilities served by Developer's stand alone utility system in connection therewith. Developer and County shall work together, in good faith, to adopt a transfer plan of Developer's utility system, and its present and future customers, notwithstanding any contrary language in this doeument or any previous agreement or Development Order by and between the parties hereto. 7) Customers — All customers connecting to the water distribution and sewage collection facilities will be customers of the Developer Orange Tree Utility Company, Inc. or the interim utility established to serve the project until Collier -• • -• - .• -:• - ---•- •-- Orange Tree Utility Company conveys to Collier County the water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer Orange Tree Utility Company, Inc. shall become customers of the County. Prior to connection of the project to the County's off-site water and/or sewer facilities, or the County assuming operation and maintenance responsibility for the water and/or sewer systems the Developer Orange Tree Utility Company, Inc. and/or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer Orange Tree Utility Company, Inc. shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 8)91 System Development Charges — During that period of time that the water and sewer utility system is owned, operated and maintained by Developer Orange Tree Utility Company, Inc., Developer Orange Tree Utility Company, Inc. may charge a system development charge to each connecting customer in an amount as approved and allowed by the Florida Public Service Commission(PSC). 9-6 Developer agrees to pay all applicable system development charges or impact fees at the time that building permits arc required, pursuant to County ordinance and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off site treatment and transmission facilities operated and maintained by the County that all owners of existing water or sewer impact fee will be required to pay system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a water or sewer impact fee, whichever the case, if at the time the County formally and of its own volition resolves to provide the Project with water or sewer related services, the Board of Commissioners, in good faith, expressly declares its intention to operate the water or sewer utility treatment facilities as a part of its regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on site treatment facilities. general application, effective at the time of connection of the interim facility to County which has contrary or differing provisions relative to the imposition of water and/or sewer system development charges or impact fees, shall be construed as superseding the applicable provisions of this subparagraph 8. 9) 10) Developer Orange Tree Utility Company, Inc. shall be allowed up to ten (10) temporary private wells and individual sewage disposal systems as areas are developed prior to construction or expansion of the central systems. All such temporary facilities shall comply with applicable state and county regulations and shall acquire required permits. F. ENVIRONMENTAL �} A site clearing plan shall be submitted to the Environmental Services Department plan may be submitted in phases to-eeiec':- ' • •- . - --- - - :. •- 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 Environmental Services Department Staff for its review and approval. This plan will depict the incorporation of native-spec'- :,.. ' - -- - , • affy. -- _ • . .:•-: . - •- - - : Ninety (90) acres of preserve areas shall be retained in the PUD and is depicted on the PUD Master Plan This preservation area represents 25% of the existing vegetation at the time development began within the PUD. 9-7 3)-Z) All exotic plants, ad defined in the County Code, shall be removed during each to prevent reinvasion of the site • - - •- -•- . :-, • . • describe control techniques and in3pcction intervals, shall be filed with and approved by the Environmental Services Department Staff. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. A time schedule to bring the entire PUD into compliance with the current county exotic list shall also be submitted. 4)1) If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Environmental Services Department Staff notified. Development will be suspended for a sufficient length of time to enable the Environmental Services Department Staff or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Environmental Services Department Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 4) A. This PUD shall be consistent with the Environmental section of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code at the time of final development order approval. B. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission(FFWCC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final Site Plan/ Construction Plan approval. C. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Chapter 6.05.02 Collier County Land Development Code. Conservation easements shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. D. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Environmental Services Staff 9-8 E. Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. F. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Plat/Construction Plan approval. G. EDUCATION 1) The project shall has fully mitigated its fiscal impacts by donating a 25 acre parcel to the Collier County Public School District to be utilized as a school site. 2) Future development of the educational facilities within the PUD Zoning District shall be subject to the two Interlocal Agreements adopted May 16, 2003 and implemented by amendments to the Land Development Code adopted on February 11, 2004 between the Board of County Commissioners of Collier County, Florida and the Collier County School board to establish educational plant and ancillary plant site development review processes. H. FIRE PROTECTION 1) The developer commits to providing a central water system to all residential and commercial facilities which is capable of providing fire flow capacities as required by Collier County. 2) Building heights shall be limited to twenty five (25) seventy five feet for all habitable structures in accordance with Corkscrew Fire District's equipment capabilities. FISCAL The developer has agreed to dedicated a school site to the School Board, and to has donated fifty-five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the project's fiscal impacts of the originally approved and vested development, 2,100 dwelling units and 22 acres/60,000 square feet of commercial. 9.03 DEVELOPMENT PLAN A. The Master Plan, Thomas Lucido & Associates Ref. No. 9020 Davidson Engineering, Inc. Project#02-0024, is an illustrative preliminary development plan. B. The design criteria and layout illustrated in the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. C. Minor design changes, shall be permitted subject to County staff administrative approval. 9-9 9.04 AMENDMENT Amendment of this PUD Document, or of the Master Land Use Plan, shall be accomplished according to the procedures set forth by Collier County for amendments to a Planned Unit Development. 9-10 n yT T 'O a b Ig z t o o HO � ren =1111111q►I` "d O ,O == '"`, ,,I''',,,: ,i MI ROA° _ 94/110 Vs O =OfC- 3, 11 111114 rn I��111111111111��```/�-11►II,��,Q,•�I�� j�A• 1� _ Il ,0111111111111111 ,�♦,i -\\1111 1:04;.4, t►' = ......0 4*�• �V�\�IU��' 111 ' m OWN► C �i i i��♦,Q• t,!?l '0' .1 �iiiii 0114.2 .. P A 00 v. Vii;en E ` ger '�'4111111111111101"P�,,�I ��,,•�_,_,, ,A ,I,,,,/I/II1II1111 �i in 9 �<< O225 Wo 044,41:14:1:>•,,' ,`1111►� �i— I� .A V Ia \ai�� )r E R ��i��i�i ►♦H� �dIIG quip 1 p /1/ � 11111111► � ah 1� ` , I1+��: ,I :. .4° %01 , R '= ,111111111111 ►� 11/1 ��i, IIIIIIIii9 01%000111'. c c ht � Zm % .�� 8 e Re1741, \m `:° `i, . ,.:0^7°:''X¢.'n'f ;a,#3`/I��1111I�� fr �� Ail uikfi ?�{: R � A NO /1 .. ..„..,,,,v::.....,,,„„,„„.::_,._` == gab �b _� a alb ='�IK` � _ _ �:,;a�.Imo,<xx ►1� j'+, iI. :r.%♦� zr. i$ o o � ♦ HdI co E,/.44,Ic..>= ....7„ v.* hfaa• — o • omo i` \i1\b%1i !III11%/1101 _ IIIIIIIIII101%1111111110N 5 c O l d "1". N c .- A �' i Iti�m cpm G q "m m ym. % i tgt1�i N�gqHpH ,h � N 9 b � � �� ==�Zc]CA I p XN a 8 §.1.q6 o n >f-2 a N D a.^ o o CRT •.'p3 p a n U O = �"�q m8xmka zm1§,14,81.$YT2 EAC Meeting November 3 , 2004 Orangetree PUD Amendment Master Plan MAP PUDZ-PL2003 0003608 The map is too large to scan, but can be found: Board' s Minutes and Records Dept. 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida S'PtEp•GgM1,9C OP.� •• �' -'o South Florida Water Management District � • tY ° r1° 3301 Gun Club Road • P.O. Box 24680 • West Palm Beach. FlottiVeNS2 686.8800 • FL WATS 1-800-432.2045 October 2g 1992 00 2 6 \ g2 • NIV�y�` Orangetree Associate Basin (1,3,4,5,6) v1/41001'4 13600 Immokalee Road Naples, FL 33964 - —. -- Dear Sir or Madam: Subject: Application No. 920520-2, Orangetree Basin I, Collier County, S13,14,23,24/T48S/R27E Enclosed is a copy of this District's staff report covering the permit application referenced therein. It is requested that you read this staff report thoroughly and understand its contents. The recommendations as stated in the staff. report will be presented to our Governing Board for consideration on November 12, 1992. Should you wish to object to the staff recommendation or file a petition, please provide written objections, petitions and/or waivers (refer to the attached "Notice of Rights") to: Vern Kaiser, Deputy Clerk South Florida Water Management District Post Office Box 24680 West Palm Beach, Florida 33416-4680 • The "Notice of Rights" addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action: 'You• are advised, -however, to be prepared to defend your position regarding the permit application when it is considered by the Governing Board for final agency action, even if you agree with the staff recommendation, as the Governing Board may take final agency action which differs materially from the proposed agency action. • Please contact the District if you have any questions concerning this matter. If we do not hear from you prior to the date on the "Notice of Rights", we will ' assume you concur with our recommendations. CERTIFICATE OF SERVICE I HEREBY CERTIFY that, a "Notice of Rights" has been mailed to the addressee and the persons listed in the attached distribution list not later than 5:00. p.m. this 22nd day of October 1992, in accordance with Section 120.60 (3) , Florida Statutes. Sincerely, Steve Lamb • Director Regulation Department "ERTIFIED MAIL #P 343 337 923 RETURN RECEIPT REQUESTED • 'Board- oe,Chairman•Miami James E.Nall•Fort Lauderdale Leah(i.Schad•West Palm Beach Tilford C.Creel,Executive Director - - South Florida Wat Aanagement District Notice Of Rights .T.0300 ,v.1190 This Notice of Rights is intended to inform the recipient of the administrative and judicial review which may be available mandated by section 120.60(3), Florida Statues. Be advised that although this notice is intended to be comprehensive, t review procedures set forth herein have been the subject of judicial construction and interpretation which may affect t. administrative of judicial review available. Recipients are therefore advised to become familiar with Chapters 120 and 3i Florida Statues, and the judicial interpretation of the provisions of these chapters. 1. If a substantially affected person objects 'to the staff's recommendation, that person has the right to request administrative hearing on the proposed agency action. The substantially affected person may request either a form or an informal hearing, as set forth below. Failure to comply with the prescribed time periods shall constitute a waiv of the right to a hearing. 2. If the substantially affected person believes that a genuine issue of material fact is in dispute, that person may reque a formal hearing pursuant to section 120.57(1), Florida Statutes, by filing a petition for hearing not late than NOVRT RF.R 4 , 1992The request for a 120.57(1) formal hearing must comply with tt requirements of rule 40E-1.521 Florida Administrative Code, a copy of which is attached. Petitions are deemed file upon receipt by the District. Failure to substantially comply with the provisions of rule 40E-.1.521 Florida Administrati% Code shall constitute a waiver of the right to a right to a 120.57(1)hearing. 3. If a substantially affected person believes that no issues of material fact are in dispute, thatperson may request a informal hearing pursuant to section 120.57(2), Florida Statutes, by filing a petition for hearing not late than NOVEMBER 5 , 1992 A request for informal.hearing shall be considered as a waiver of th right to request a formal section 120.57(1) hearing. A request for a section 120.57(1) formal hearing not in substantia compliance with the provisions of rule 40E-1.521 Florida Administrative Code, may be considered by the District as request for informal hearing. • Pursuant to section 373.114, Florida Statutes, a party to the proceeding below may seek review of a Final. Orde rendered on the permit application before the Land and Water Adjudicatory Commission, as provided therein. Revie% under this section is initiated by filing a request for review with the Land and Water Adjudicatory Commission an, serving a copy on the Department of Environmental Regulation and any person named in the Order within 20 day after rendering of the District's Order. However,when the order to be reviewed has statewide or regional significance as determined by the Land and Water Adjudicatory Commission within 60 days after receipt of a request for reviev% the commission may accept a request for review from any affected person within 30 days after the rendering of th. • order. Review under section 373.114, Florida Statutes, is limited solely to a determination of consistency with th, provisions and purposes of Chapter 373, Florida Statutes. This review is appellate in nature and limited to the retort below. 5. A party who is adversely affected by final agency action on the permit application is entitled to judicial review in thi District Court of Appeal pursuant to section 120.68, Florida Statutes, as provided therein. Review under section 120.68 Florida Statutes in the District Court of Appeal is initiated by filing a petition in the appropriate District Court of Appea in accordance with Florida rule of appellate Procedure 9.110. The Notice of Appeal must be filed within 30 days of the - final agency action. 6. Section 373.617(2), Florida Statutes;provides: • Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court in the judicial circuit in which the affected property is located; however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state's police power constituting a taking without just compensation. Review of final agency action for the purpose 01 determining whether the action is in accordance with existing statutes or rules and based on component substantial evidence shall proceed in accordance with Chapter 120. • Please be advised that exhaustion of administrative remedies is generally a prerequisite to appeal to the District Court of Appeal or the seeking of Circuit Court review of final agency action by the District on the permit application. There are, however, exceptions to the exhaustion requirement. The applicant is advised to consult the case law as to the requirements of exhaustion exceptions. 40E-1.521 Initiation of Formal Proceedings (1) Initiation of formal proceedings shall be made by petition to the District. The term petition as used hereir includes any application or other document which expresses a request for formal proceedings. Each petition should I Tinted, typewritten or otherwise duplicated in legible form on white paper or standard legal size. Unless printed, tl .npression shall be on one side of the paper only and lines shall be double:spaced and indented. (2 All petitions filed under these rules shall contain: (a) The name and address of the District and the District's file or identification number, if known; (b) The name and address of the petitioner or petitioners; (c) An explanation of how each petitioner's substantial interests will be affected by the District's determination; (d) A statement of when and how petitioner received notice of the District's decision or intent to render decision; (e) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (f) A concise statement of the ultimate facts which petitioner believes entitle petitioner to the.relief sought well as the rules and statutes which support petitioner's claim for relief; (g) A demand for the relief to which the petitioner deems himself entitled; and (h) Other information which the petitioner contends is material. (3) Upon receipt of a petition for formal proceedings, the District shall review the petition for the degree 01 compliance_with subsection (2) and shall accept those petitions in substantial compliance therewith which have been time filed and which state a dispute which is within the jurisdiction of the District to resolve. If accepted, the District shall designa• the presiding officer. The District shall promptly give written notice to all parties of the action taken on the petition, and shE state with particularity its reasons therefor. (4) If the District designates a Hearing Officer assigned by the Division of Administrative Hearings as the presiding officer, the District Clerk shall forward the petition and all materials filed with the District to the Division of Administrati‘ Hearings, and shall notify all parties of its action. Specific Authority 373.044,373.113 F.S. w Implemented 120.53(1), 120.57 F.S. ..tstory— New 9-3-81. . Formerly 16K-1.09(1), 16K-1.112(1)through(3), 16K-1.12 BUTT Subject ic. G vernii LAST DATE FOR GOVERNING BOARD ACTION: NOVEMBER 12, 1992 Board Approval SURFACE WATER MANAGEMENT STAFF REVIEW SUMMARY I. ADMINISTRATIVE APPLICATION NUMBER: 920520-2 PERMIT MODIFICATION NUMBER: 11-00418-S PROJECT NAME: ORANGETREE BASIN 1 LOCATION: COLLIER COUNTY S13,14,23,24/T48S/R27E APPLICANT'S NAME: GLEN MACDONALD OWNERS NAME AND ADDRESS: ORANGETREE ASSOCIATES BASIN (1,3,4,5,6) 13600 IMMOKALEE ROAD NAPLES, FL 33964 Citrus Grove Partners (BASIN 2) P.O. Box 846 Labelle, FL 33935 DEVELOPER: ORANGETREE ASSOCIATES ENGINEER: WILSON MILLER BARTON PEEK INC II. PROJECT DESCRIPTION PROJECT AREA: 483.2 acres DRAINAGE AREA: 483.2 acres DISTRICT DRAINAGE BASIN: GOLDEN GATE CANAL SYSTEM RECEIVING BODY: GOLDEN GATE CANAL CLASSIFICATION: CLASS III SPECIAL DRAINAGE DISTRICT: BIG CYPRESS BASIN 1 PURPOSE: The purpose of this application is to request modification of the Sub-basin 1 and 2 boundary to transfer 21.2 acres from Basin 2 to Basin 1, reflect a transfer of ownership and responsible entity for Basin 2 from Orangetree Associates to -Citrus Grove partners, and to request approval for 113.5 acres of lake excavation within Basin 1. Staff recommends approval of the request subject. to conditions. • BACKGROUND: Orangetree is a mixed use development containing residential , commercial , and agricultural areas. Orangetree was granted conceptual approval No. 11-90020-S in November of 1986 for 2,752.8 acres. Construction and operation approval 11- 00418-S, for 198.7 acres of residential lands (Basin 3 Phases 1A, 2A, 3A) and 1,031.7 acres of agricultural lands (Basins 2 and 6) was granted in August of 1988. EXISTING FACILITIES: Basin 1 is bounded by the Collier County agricultural extension/fairgrounds to the north, Immokalee Road (CR 846) to the west, an existing ditch leading to the Golden Gate canal to the east, and oil well road to the south. Basin 1 was originally developed as North Golden Gate by,.General American Land Corporation (GAC) in the early 1970's. GAC constructed .a' series of roadways and canals and planned to• market the property as'single family residential lots. • PROPOSED FACILITIES: The proposed facilities for this permit application include lake excavation only. No paving, drainage, lake interconnects or the control structure will be constructed at this time. Future construction will require permit modification. Fill from the project site will sold. 2 III. PROJECT EVALUATION Discharge Rate: This application is for excavation only of lakes within Basin 1 . No discharge is proposed. _ - WATER QUALITY: Lake excavation for Basin 1 will provide 1" of onsite retention. No discharge is proposed at this time. ENVIRONMENTAL: Basin 1 consists of previously cleared and improved lands. Improvements include a network of canals previously constructed on the project site. There are no wetlands located within basin 1. The total Orangetree project site, which includes basins 1-5, is 2752.8 acres in size. The project consists mostly of previously cleared and improved lands. Approximately 420 acres of pine and saw palmetto flatwoods are contained within the project boundaries, primarily within basin 5. Approximately 21.99 acres of isolated wetlands, predominantly cypress domes, are located within the pine flatwoods area in basin 5. Four environmental special conditions pertaining to basin 5 are still in effect from past approvals under Permit No. 11-00418-S. Adverse environmental impacts are not anticipated as a result of the construction of the proposed water management facilities. SYSTEM OPERATION: - Orangetree Associates (Basins 1,3,4,5,6) Citrus Grove Partners (Basin 2) PROPOSED LAND USE(S): Commercial Agricultural Residential 3 WATER USE PERMIT STATUS: A Water Use permit is not required for this project. POTABLE WATER SUPPLIER: Onsite Water Treatment Plant WASTE WATER SYSTEM/SUPPLIER: Onsite Wastewater Treatment Plant DRI STATUS: This project_received PUD approval prior to DRI requirements. SAVE OUR RIVERS: The project is not within or adjacent to lands under consideration by the Save Our Rivers program. SWIM BASIN: The project is not within nor does it discharge directly to a designated SWIM basin. RIGHT-OF-WAY PERMIT STATUS: A Right-of-Way Permit is not required for this project. ENFORCEMENT ACTIVITY: There has been no enforcement activity associated with this application. THIRD PARTY INTEREST: No third party has contacted the District with concerns about this application. 4 WELL FIELD ZONE OF INFLUENCE: The project is not located within the zone of influence of a wellfield. PRIMARY ISSUES RESOLVED: No primary issues. IV. APPLICABLE LAND AREA The numbers below reflect land use figures for Basin 1 only. PROJECT LEVEL— TOTAL PREVIOUSLY PROJECT PERMITTED THIS PHASE TOTAL ACRES 483.2 462 483.2 acres WTRM ACREAGE 113.5 121.2 113.5 acres PAVEMENT 100.7 98.2 100.7 acres BUILD COVERAGE 47.8 47.8 47.8 acres PERVIOUS 221.2 209.8 221 .2 acres 5 V. STAFF RECOMMENDATION The Staff recommends that the following be issued: MODIFICATION OF CONSTRUCTION AND OPERATION APPROVAL FOR BASIN ONE TO AUTHORIZE THE EXCAVATION OF 113.5. ACRES OF LAKES. TRANSFER OF 21.2 ACRES FROM BASIN 2 TO BASIN 1. TRANSFER OF OWNERSHIP AND OPERATING ENTITY OF BASIN 2 FROM ORANGETREE ASSOCIATES TO CITRUS GROVE PARTNERS. Based on the information provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached Standard Limiting and Special Conditions. VI. STAFF REVIEW NATURAL RESOURCE MANAGEMENT DIVISION APPROVAL APPLICATION REVIEWER: SUP ISOR/CHHECKE : ENVIRONMENTAL: PL, F- 18bora eM rlla De orah L. Goss DIVISON DIRECTOR: � � DATE: /0—VS' <'c9— eyrie A. Bates SURFACE WATER MANAGEMENT DIVISION APPROVAL AP' ICATION REVIEWER: SUPERVISOR/CHECKER: TECHNICAL:. 1,.,0 VI I C d:' G. Da••s, r.11 P.G. Benjamin C. Pratt, P.L.S. ,P WATER QUALITY: £.,I. '_ A ►.! � 1 -�f ly'e G. Dabs, Jr. ,T' .G. Benjamin C. Pratt, P.L.S. ,P SECTION SUPERVISOR: �.�� DATE: /o, 6 , 92 '. • - vis g 'rofessional ASST. DIVISON DIRECTO' /,�l DATE: 7o4/be. ;Jr /r1'� �� . Wath ouse, P.E. Subject to GoVern►ng 6 gaard Approval LIMITING CONDITIONS 1 . THE PERMITTEE SHALL PROSECUTE THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. -` 2 . WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY OR INTO SURFACE WATERS OF THE STATE SHALL BE SUBMITTED TO THE DISTRICT AS REQUIRED. PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 17-302. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA AS REQUIRED, ON VOLUMES OF WATER DISCHARGED INCLUDING TOTAL VOLUME DISCHARGE& DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE. 3 . THE PERMITTEE SHALL COMPLY WITH ALL APPLICABLE LOCAL SUBDIVISION REGULATIONS AND OTHER LOCAL REQUIREMENTS. IN ADDITION, THE PERMITTEE SHALL OBTAIN ALL NECESSARY FEDERAL, STATE, LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START OF ANY CONSTRUCTION OR ALTERATION OF WORKS AUTHORIZED BY THIS PERMIT. 4 . THE OPERATION PHASE OF THIS PERMIT SHALL NOT BECOME EFFECTIVE UNTIL A FLORIDA REGISTERED PROFESSIONAL ENGINEER CERTIFIES THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE DESIGN APPROVED BY THE DISTRICT. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM, THE PERMITTEE SHALL SUBMIT THE CERTIFICATION AND NOTIFY THE DISTRICT THAT THE FACILITIES ARE READY FOR INSPECTION AND APPROVAL. UPON APPROVAL OF THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM, THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE ENTITY APPROVED BY THE DISTRICT. 5 . ALL ROADS SHALL BE SET AT OR ABOVE ELEVATIONS REQUIRED BY THE APPLICABLE LOCAL GOVERNMENT FLOOD CRITERIA. 6 . ALL BUILDING FLOORS SHALL BE SET AT OR ABOVE ELEVATIONS ACCEPTABLE TO THE APPLICABLE LOCAL GOVERNMENT. 7 . . OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT SHALL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. NO ROADWAY OR BUILDING CONSTRUCTION SHALL COMMENCE ON-SITE UNTIL COMPLETION OF THE PERMITTED DISCHARGE STRUCTURE AND DETENTION AREAS. WATER DISCHARGED FROM THE PROJECT SHALL BE THROUGH STRUCTURES HAVING A MECHANISM SUITABLE FOR REGULATING UPSTREAM WATER STAGES. STAGES MAY BE SUBJECT TO OPERATING SCHEDULES SATISFACTORY TO THE DISTRICT. 8 . NO CONSTRUCTION AUTHORIZED HEREIN SHALL COMMENCE UNTIL A RESPONSIBLE ENTITY ACCEPTABLE TO THE DISTRICT HAS BEEN ESTABLISHED AND HAS AGREED TO 7 OPERATE AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN. UPON RECEIPT OF WRITTEN EVIDENCE OF THE SATISFACTION OF THIS CONDITION, THE DISTRICT WILL ISSUE AN AUTHORIZATION TO COMMENCE CONSTRUCTION. 9 . THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC. 10. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 11. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY-DEMONSTRATES THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. IT IS ALSO THE REPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE WATER RESOURCE IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 12. PRIOR TO DEWATERING, PLANS SHALL BE SUBMITTED TO THE DISTRICT FOR APPROVAL. INFORMATION SHALL INCLUDE AS A MINIMUM: PUMP SIZES, LOCATIONS AND HOURS OF OPERATION FOR EACH PUMP. IF OFF-SITE DISCHARGE IS PROPOSED, OR OFF-SITE ADVERSE IMPACTS ARE EVIDENT, AN INDIVIDUAL WATER USE PERMIT MAY BE REQUIRED. THE PERMITTEE IS CAUTIONED THAT SEVERAL MONTHS MAY BE REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. 8 SPECIAL CONDITIONS 1 . DISCHARGE FACILITIES: TOTAL ON-SITE RETENTION. 2 . THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 3 . MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION. AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER... 4 . THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES_TAfE SHOWN TO BE NECESSARY. 5 . LAKE SIDE SLOPES SHALL BE 4:1 (HORIZONTAL:VERTICAL) TO A DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE NURTURED OR PLANTED FROM 2 FEET BELOW TO 1 FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. 6 . PRIOR TO THE INITIATION OF ANY WITHDRAWAL OF WATER (IRRIGATION, DEWATERING, PUBLIC WATER SUPPLY, ETC. ) , IT WILL BE NECESSARY TO APPLY FOR A WATER USE PERMIT. THE PERMITTEE IS CAUTIONED THAT A MINIMUM OF 90 DAYS IS REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. THE PERMITTEE IS CAUTIONED THAT THE ISSUANCE OF A SURFACE WATER MANAGEMENT PERMIT SHALL NOT BE CONSTRUED TO BE A GUARANTEE THAT WATER WILL BE AVAILABLE. 7 . FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. 8 . A BENCHMARK, EASILY ACCESSIBLE TO DISTRICT PERSONNEL, SHALL BE PROVIDED IN THE VICINITY OF THE CONTROL STRUCTURE AT THE TIME IT IS CONSTRUCTED. A DESCRIPTION SHALL BE PROVIDED TO THE DISTRICT WITH THE ENGINEERING CERTIFICATION OF CONSTRUCTION COMPLETION. 9 . PRIOR TO DECEMBER 12, 1992, THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT SHALL BE NOTIFIED BY THE PERMITTEE OR AUTHORIZED AGENT (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE OR EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE EXPECTED COMPLETION DATE/ DURATION. 10. WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, CONSTRUCTION STATUS REPORTS SHALL BE SUBMITTED TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ON AN ANNUAL BASIS (VIA THE SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE YEAR AFTER THE INITIAL COMMENCEMENT OF CONSTRUCTION DATE. 11 . WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER 9 MANAGEMENT SYSTEM, THE PERMITTEE OR AUTHORIZED AGENT SHALL NOTIFY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT OF THAT COMPLETION DATE AND SUBMIT CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE DESIGN APPROVED BY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMPLETION/CONSTRUCTION CERTIFICATION OR EQUIVALENT) . SUCH CERTIFICATION MAY CONSIST OF WORDING IN PARAGRAPH 3.1.7 "CONSTRUCTION COMPLETION CERTIFICATION" OF THE CURRENT BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT. IF THE CERTIFICATION LANGUAGE USED IS DIFFERENT FROM THE SUGGESTED LANGUAGE, A SEI OF RECORD DRAWINGS CONSISTING OF ELEVATIONS, LOCATIONS AND DIMENSIONS OF COMPONENTS OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL ALSO BE SUBMITTED. 12. THE PERMITTEE SHALL PROSECUTE THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY:MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. 13. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT SHALL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. NO ROADWAY OR BUILDING CONSTRUCTION SHALL COMMENCE ON-SITE UNTIL COMPLETION OF PERMITTED DISCHARGE STRUCTURE AND DETENTION AREAS. WATER DISCHARGED FROM THE PROJECT SHALL BE THROUGH STRUCTURES HAVING A MECHANISM SUITABLE FOR REGULATING UPSTREAM WATER STAGES. STAGES MAY BE SUBJECT TO OPERATING SCHEDULES SATISFACTORY TO THE DISTRICT. 14. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 15. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. IT IS ALSO THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 16. PRIOR TO DEWATERING, PLANS SHALL BE SUBMITTED TO THE DISTRICT FOR APPROVAL. INFORMATION SHALL INCLUDE AS A MINIMUM: PUMP SIZES, LOCATIONS AND HOURS OF OPERATION FOR EACH PUMP. IF OFF-SITE DISCHARGE IS PROPOSED, OR OFF-SITE ADVERSE IMPACTS ARE EVIDENT, AN INDIVIDUAL WATER USE PERMIT MAY BE REQUIRED. THE PERMITTEE IS CAUTIONED THAT SEVERAL MONTHS MAY BE REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. 17. THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT OR ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC. 10 18. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY OR INTO SURFACE WATERS OF THE STATE SHALL BE SUBMITTED TO THE DISTRICT AS REQUIRED. PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 17-302. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA AS REQUIRED, ON VOLUMES OF WATER DISCHARGED INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE. 19. UPON COMPLETION OF CONSTRUCTION, AND ON AN ANNUAL BASIS (MARCH OF EACH YEAR) THE PERMITTEE SHALL SUBMIT REPORTS TO- THIS DISTRICT -FOR-STRUCTURAL ADEQUACY OF THE PERMITTED IMPOUNDMENT. SUCH REPORTS SHALL INCLUDE. PROPOSAL OF TECHNIQUE AND SCHEDULE FOR REPAIR OF ANY DEFICIENCIES NOTED AND SHALL BE SIGNED AND SEALED BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. 20. ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 11-00418-S REMAIN IR-EFFECT UNLESS OTHERWISE REVISED AND SHALL APPLY TO THIS MODIFICATION. 21 . OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF ORANGETREE ASSOCIATES(BASINS 1,3,4,5,6) CITRUS GROVE PARTNERS(BASINS 2) . 11 I� - + g r ' LEE ci caw-o co [ \ � ^�� PROJECT LOCATION ' j gORANGETREE i •(,._ iii room.NI= 1 ..TW Ian __ Ma i0RANGETREE I tit NB 1 NA L S—wOKALFF KW) (OA • 111a P COM I ' F, Ili {�"'°C° . R10 Y DOW ( 1�. 7 3$1.1 =TR gr.— . SAO RQ LIR U1� NOlIQ �- I-• n O . ifs MI:13 d 1wmiss d WOK 11.11NOIMO I a • ..,. P I PWE RSDGE ROAD C.R. 698 w• . '.I. ..,. ,,,I•udw w ee [And n Q .� I Jtn t, J� RI rat 1110.Pa .I/.OI111C11105[77:1 OW ■ .•LDEN I GATE P - Y (C.R.. 686) . 1 -q411216...11 Ira" i cermet litiliCI RADIO . . �a - �� I `II N taus JH . . (..1 �� ff tik5 .. • ... 1f S�l Zj�ti. ~:Ii11 TTA/iL w p,4,,., 1%,,it it.i . Cii"jti . , _ FT. MYERS . MY 11 CA. 6641111111 'w"a,m W; ars r, GUAM i warm PT • / SFWMD PERMIT # 11-00418-S 'ROJECT: LOCATION MAP - PPLICANT: ORANGETREE ASSOCIATES t WILSON, MII.I•F.R, BARTON & PEEK, INC. CouNrr: COLLIER ENGINEERS• SURvEYORS• P',.ANNERS • ENVIRONMENTAL CONSULTANTS DATE: MAY,1992 0,� Wilson Frc*ess,anoi LANDSCAPE ARCH.T'cCTS • CONSTRUCTION MANAGERS w.0.#: 13083 e4k Center REVISIONS: I 7 3200 Bailey Lane A; ,.,raor; Rood, Suite 200 dotes, Florida 33942 (813; 263-6403 Fax (813) 643-5716 DRAWN: J.R.R. 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I ' 4 :12- I .j r s . ....:- 1...:F z . : s_ �, - -�T..:.•;..�-'+' •I ll U II l I I l I 1 1 7 l i 1ssj .,� •:nir�4aaaaaa!aaiz z. . ,. 1 . k • : Wimp • ............„..in — — .xa y •a•��•it aamn 5:: : A. 0\ . . ,1„..Y 01Sig•ii. 11 Artf-14 5. � . Amo _ ' •• % • it -- :ii � n —; s �'��avor Merman C �d /./MY 11V11 %/ui 11l• 11 ill 11 • ZZ— \ - L1_Lrt 1-1- STAFF REPORT DISTRIBUTION LIST PROJECT: ORANGETREE BASIN 1 APPLICATION NUMBER: 920520-2 - PERMIT MODIFICATION NUMBER: 11-00418-S INTERNAL DISTRIBUTION EXTERNAL DISTRIBUTION Reviewer: X Clyde G. Dabbs, Jr. , P.G. X Owner: X Deborah B. Marzella ORANGETREE ASSOCIATES BASIN (1 ,3,4,5,6) X Benjamin C. Pratt, P:L.S. ,P.E. r X Deborah L. Goss X Owner: X T. Bates Citrus Grove Partners (BASIN 2) X B. Colavecchio X M. Cruz X Applicant: X J. Golden GLEN MACDONALD X J. Marshall X R. Mireau = X Applicant's Consultant: X P. Rhoads WILSON MILLER BARTON PEEK INC X B. Robson X R. Rogers X Engineer, County of: M. Slayton COLLIER D. Thatcher W. Van Voorhess Engineer, City of: P. Walker - Comp Plan Div X K. Wallace X A. Waterhouse X Local Drainage District: X Area Engineer BIG CYPRESS BASIN X Day File X Enforcement COUNTY X Field Representative X Collier -Agricultural Agent X Office of Counsel X Permit File BUILDING AND ZONING GOVERNING BOARD MEMBERS OTHER Mr. Ken Adams Dept of Natural Resources (K.Alvarez) Ms. Annie Betancourt X Div of Recreation and Park - District 8 Ms. Valerie Boyd F.G.F.W.F.C. Mr. Franklin Mann Florida Audubon - Charles Lee Mr. Allan Milledge Port St. Lucie Planning Division Mr. James E. Nall X S.W.F.R.P.C. - Glenn Heath Mr. Eugene K. Pettis Sierra Club - Central Florida Group X Ms. Leah Schad Mr. Frank Williamson, Jr. DEPT. OF ENVIRONMENTAL REGULATION X Ft. Myers EXHIBIT 4 • STAFF REPORT DISTRIBUTION LIST ADDRESSES Div of Recreation and Park - District 8 Fla Dept of Natural Resource 1843 S Tamiami Trial • - Osprey, Fl 34229 EXHIBIT 4 f / I �/ /7 '30j Tjr la .10 o South Florida Water Management District 2r'�S • . • 12` P.O. Box 24680 • 3301 Gun Club Road • West Palm Beach, FL 33416-4680 • (407)686-88(Y) • FL WATS 1.800.432.2045 "i•' 24-06 December 31, 1990 ORANGETREE ASSOGIATES 13600 IMMOKALEE ROAD ‘1\ NAPLES, FL 33964 r (Dear Sir: �I�L �','.�14LL wicc Subject: Permit Modification Number 11-00418-S 4 -- }.. 'FK'l ORANGETREE (SUB BASIN 3) , Collier County, SEC , TWP 48S, RGE 27E At its December 20, 1990 meeting, the Governing Board of this District modified Conceptual Approval to your surface water man -agementplan, subject to the attached 12 limiting conditions and 30 special conditions. The conceptual approval does not constitute a construction permit. It is based upon the information provided by the applicant and may be subject to suspension, revocation or modification in accordance with Rule 40E-4.341 (FAC) if it is later determined that said information is erroneous or false. All future applications for construction submitted pursuant to this conceptual approval will be reviewed pursuant to the provisions of Rule 40E-4.301(3) (FAC) . As construction plans are developed for additional Phases` they must be submitted to this District, .and no additional construction may begin until written approval has been granted by this District. If you have any questions concerning this matter, please feel free to call . Si c-rely, Jeaine Hall , Director Reg lation Department ,LK/si cc: WILSON, MILLER ET AL 1 COLLIER COUNTY ENGINEER DER (n trr'r'nina'/ir arrrl I,unc�I Garner- I li,r rman I ort Myers Fritz Stein belle Glade \alerie l(otl • Naples <lohn R.Wodraska,Executive Director I t"+'ur \ Jason. \ire C hnirrMrnn Key liisracne .\like Stout Windermere 'lames E.Nall • Fort Lauderdale Tilford C.Creel.Deputy Executive Dire. \rsenio Milian \li,rmi Ken \dams•West(Calm I(each Charles W.Causey Islamorada Thomas b ac Vicar,Deputy Eecutie IF . SHEET 2 OF 7 SPECIAL CONDITIONS FOR BASINS 1 , 3, 4 AND 5 1 . MINIMUM BUILDING FLOOR ELEVATION BASIN 1 16.9 FEET NGVD BASIN 3 16.9 FEET NGVD BASIN 4 16.9 FEET NGVD BASIN 5 16.9 FEET NGVD 2. MINIMUM ROAD CROWN ELEVATION BASIN 1 16.0 FEET NGVD BASIN 3 15.7 FEET NGVD BASIN 4 15.3 FEET NGVD BASIN 5 15.3 FEET NGVD 3. DISCHARGE FACILITIES: BASIN 1: 1-4.75' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. BASIN 3: 1-6.5' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. BASIN 4: 1-6.0' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. BASIN 5: 1-5.0' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. RECEIVING WATER: GOLDEN GATE CANAL. CONTROL ELEVATION: 13.0 FEET NGVD. 5. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. 6. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 7. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 8. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF ORANGETREE ASSOCIATES. PERMIT NO. 11-00418-S SHEET 3 OF 7 9. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM WILL BE THE RESPONSIBILITY OF THE PERMITTEE. PRIOR TO TRANSFER OF TITLE FOR ANY PORTION OF THE PROJECT TO A THIRD PARTY MODIFICATION OF THE PERMIT WILL BE REQUIRED TO VERIFY CONTINUED COMPLIANCE WITH LIMITING CONDITION NO. 8. 10. PRIOR TO ANY CONSTRUCTION ON THE COMMERCIAL TRACT, PLANS AND CALCULATIONS SHALL BE SUBMITTED TO THE DISTRICT FOR PERMIT MODIFICATION. ALL CONSTRUCTION WITHIN THE COMMERCIAL TRACTS MUST PROVIDE 1/2 INCH OF ON-SITE DRY PRETREATMENT PRIOR TO DISCHARGE INTO THE BASIN 3 WATER MANAGEMENT SYSTEM. 11 . LAKE SIDE SLOPES SHALL BE A MINIMUM 4: 1 (HORIZONTAL:VERTICAL) TO A DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE NURTURED OR PLANTED FROM 2 FEET BELOW TO 1 FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. 12. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF FUTURE PHASES, PAVING GRADING, AND DRAINAGE PLANS SHALL BE SUBMITTED TO THE DISTRICT FOR PERMIT MODIFICATION. SHEET 4 OF 7 SPECIAL CONDITIONS (BASIN 5) 13. LAKE EXCAVATION SHALL BE MAINTAINED A MINIMUM OF 50 FEET FROM THE DESIGNATED WETLAND CONSERVATION AREAS IN BASIN 5. 14. A WETLAND MONITORING AND MAINTENANCE PROGRAM SHALL BE IMPLEMENTED. THIS PROGRAM SHALL INCLUDE BI-WEEKLY MEASUREMENT OF WET SEASON •LEVELS IN THE 8.9, THE 2.01 AND THE 1 .27 ACRE CYPRESS WETLANDS. FIXED POINT PANORAMIC PHOTOGRAPHS WILL BE TAKEN ANNUALLY. A REPORT SHALL BE SUBMITTED TO THE DISTRICT WHICH DISCUSSES THE SUCCESS OF THE RESTORATION EFFORT. MONITORING SHALL CONTINUE FOR •A PERIOD OF THREE YEARS AFTER ESTABLISHMENT OF APPROVED HYDRIC CYCLES. THE DISTRICT RESERVES THE RIGHT TO REQUIRE ADDITIONAL MEASURES BE TAKEN BY THE PERMITTEE IF WETLAND MONITORING OR OTHER INFORMATION DEMONSTRATES THAT ADVERSE IMPACTS TO PROTECTED, CONSERVED OR INCORPORATED WETLANDS HAVE OCCURRED DUE TO PROJECT RELATED ACTIVITIES. • 15. PRIOR TO ISSUANCE OF A CONSTRUCTION PERMIT FOR BASIN 5, DETAILED CONSTRUCTION PLANS INCLUDING WETLAND DELINEATIONS, ACREAGE FIGURES, AND A MONITORING TIME SCHEDULE SHALL BE SUBMITTED TO DISTRICT STAFF FOR REVIEW AND APPROVAL. CONSTRUCTION PLANS FOR BASIN 5 SHALL BE DESIGNED TO MAINTAIN THE NATURAL HYDROPERIODS WITHIN THE WETLANDS. PERMIT NO. 11-00418-S SHEET 5 OF 7 SPECIAL CONDITIONS FQR BASINS 21 & 6 16. DISCHARGE FACILITIES: BASIN 2: 1-9.0' WIDE WEIR WITH AN INVERT AT ELEVATION 13.0' NGVD. BASIN 6: 1-1 .6' WIDE BY 1 .0' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 16.5' NGVD. RECEIVING WATER: GOLDEN GATE CANAL. CONTROL ELEVATION: BASIN 2 13.0' NGVD. BASIN 6 16.5'NGVD. 17. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY INTO SURFACE WATERS OR GROUND WATERS OF THE STATE SHALL BE SUBMITTED TO THE DISTRICT AS REQUIRED OR THE PERMITTEE SHALL PARTICIPATE IN A DISTRICT APPROVED REGIONAL WATER QUALITY STUDY AS REQUIRED. PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 17-3. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO WATERS OF THE STATE 18. LIMITING CONDITIONS OF RULE 40E-4.381 (SURFACE .WATER MANAGEMENT) ARE WAIVED UNLESS OTHERWISE PROVIDED HEREIN. 19. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. 20. LAND USE BY THE PERMITTED FACILITIES IS AGRICULTURAL. PROPOSED CONSTRUCTION OF RESIDENCES MAY REQUIRE MODIFICATION OF THIS PERMIT AND MUST BE REPORTED TO THE DISTRICT. 21 . THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 22. THE PERMITTEE SHALL PROSECUTE THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE 41CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. 23. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. PERMIT NO. 11-00418-S SHEET 6 OF 7 24. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. IT IS ALSO THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 25. UPON COMPLETION OF CONSTRUCTION, AND ON AN ANNUAL BASIS (IN MARCH OF EACH YEAR) THE PERMITTEE SHALL SUBMIT REPORTS TO THIS DISTRICT FOR STRUCTURAL ADEQUACY OF ALL ABOVE GROUND DIKES, LEVEES AND BERMS BEHIND WHICH WATER IS TO BE CONTAINED AND WHERE FAILURE COULD IMPACT OFF-SITE AREAS. SUCH REPORTS SHALL-INCLUDE PROPOSAL OF TECHNIQUE AND SCHEDULE FOR REPAIR OF ANY DEFICIENCIES. NOTED, AND SHALL BE SIGNED AND SEALED BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. 26. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. 27. THIS DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 28. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF ORANGETREE ASSOCIATES. 29. PRIOR TO DEWATERING, PLANS SHALL BE SUBMITTED TO THE DISTRICT FOR APPROVAL. INFORMATION SHALL INCLUDE AS A MINIMUM: PUMP SIZES, LOCATIONS AND HOURS OF OPERATION FOR EACH PUMP. IF OFF-SITE DISCHARGE IS PROPOSED OR OFF-SITE ADVERSE IMPACTS ARE EVIDENT, AN INDIVIDUAL WATER USE PERMIT MAY BE REQUIRED. THE PERMITTEE IS CAUTIONED THAT SEVERAL MONTHS MAY BE REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. 30. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT SHALL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. 1'1::KM11 NU. 11-00418-S SHEET 7 OF 7 LIMITING CONDITIONS 1. THE PERMITTEE SHALL PROSECUTE THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WRKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED ARCUIRD NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. 2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY OR INTO SURFACE WATERS OF THE STATE SHALL BE S SIMITTED TO THE DISTRICT AS REQUIRED. PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 17-3. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA AS REQUIRED, ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO THE SURFACE-WATERS OF THE STATE. 3. THE PERMITTEE SHALL COMPLY WITH ALL APPLICABLE LOCAL SUBDIVISION REGULATIONS AND OTHER LOCAL REQUIREMENTS. IN ADOITION, THE PERMITTEE SHALL OBTAIN ALL NECESSARY FEDERAL, STATE, LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START OF ANY CONSTRUCTION OR ALTERATION OW WORKS AUTHORIZED BY THIS PERMIT. 4. THE OPERATION PHASE OF THIS PERMIT SHALL NOT BECOME EFFECTIVE UNTIL A FLORIDA REGISTERED PROFESSIONAL ENGINEER CERTIFIES THAT ALL FACILITIES NAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE DESIGN APPROVED BY THE DISTRICT. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM, THE PERMITTEE SHALL SUBMIT THE CERTIFICATION ARD NOTIFY THE DISTRICT THAT THE. FACILITIES ARE READY FOR INSPECTION AND APPROVAL. UPON APPROVAL OF THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM, THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE ENTITY APPROVED BY THE DISTRICT. 5. ALL ROADS SHALL SE SET AT OR ABOVE ELEVATIONS REQUIRED BY THE APPLICABLE LOCAL GOVERNMENT FLOCO CRITERIA. 6. ALL BUILDING FLOORS SHALL SE SET AT CO ABOVE ELEVATIONS ACCEPTABLE TO THE APPLICABLE LOCAL GOVERNMENT. 7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT SHALL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. NO ROADWAY OR WILDING CONSTRUCTION SHALL COMMENCE OM-SITE UNTIL COMPLETION OF THE PERMITTED DISCHARGE STRUCTURE AND DETENTION AREAS. WATER DISCHARGED FROM THE PROJECT SMALL BE THROUGH STRUCTURES HAVING A MECHANISM SUITABLE FOR.REGULATING UPSTREAM WATER STAGES. STAGES MAY BE SUBJECT TO OPERATING SCHEDULES SATISFACTORY TO THE DISTRICT. 8. NO CONSTRUCTION AUTHORIZED HEREIN SHALL COMENCE UNTIL A RESPONSIBLE ENTITY ACCEPTABLE TO THE DISTRICT HAS BEEN ESTABLISHED AND NAS AGREED TO OPERATE AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT 01MERSHIP SO THAT IT NAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN. UPON RECEIPT Of WRITTEN EVIDENCE OF THE SATISFACTION OF THIS CONDITION, THE DISTRICT WILL ISSUE AN AUTHORIZATION TO COMMENCE CONSTRUCTION. 9. THE PERMIT DOES NOT CONVEY TO TOE PERMITTEE ANY PROPERTY RIGHT NOR AMY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN TOE PERMIT AND CHAPTER 40E-4, FAC. 10. THE PERMITTEE SMALL MOLD AND SAVE TOE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WNICMMAY ARISE BY REASON Of THE CONSTRUCTION, OPERATION, MAINTENANCE CO USE OF AMY FACILITY AUTHORIZED BY THE PERIMIT. 11. THIS PERMIT IS ISSUED BASED ON THE APPLICANTS SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE OfF-SITE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. IT IS ALSO THE RESPONSIBILITY Of THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS DO NOT OCC.* DURING CONSTRUCTION. 12. PRIOR TO DEWATERING, PLANS SMALL BE SUBMITTED TO THE DISTRICT FOR APPROVAL. INFORMATION SHALL INCLUDE AS A MINIMUM: PUMP SIZES, LOCATIONS AND HOURS Of OPERATION FOR EACH PUMP. IF OFF-SITE DISCHARGE IS PROPOSED, OR Off-SITE ADVERSE IMPACTS ARE EVIDENT, AM INDIVIDUAL WATER USE PERMIT MAY BE REQUIRED. TINE PERMITTEE IS CAUTIONED THAT SEVERAL MONTHS MAY BE REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. • SURFACE WATER MANAGEMENT PERMITS (storm Water) WILSON, MILLER, r TON LEI'Tras OF I'T11,KYSETIetr4QIL SOLL& PEEK, INC. • 1383 Airport Road, North NAPLES, FLORIDA33942 Phone 813/643-4545 DATE / JOB NO. FAX NO.813/643.5716 ATTENTION de) FL jj PROJECT NAME TO: R � - tCLa��✓�A C'nrla �7_72.2.7z GENTLEMEN: WE ARE SENDING YOU 0 Attached 0 Under separate cover via the following items: ❑ Shop drawings 0 Prints 0 Plans 0 Samples 0 Specifications ❑ Copy of letter 0 Change order 0 COPIES DATE DRAWING NO. DESCRIPTION l k)i . /'YIGnn�. . tmig-� THESE ARE TRANSMITTED as checked below: ❑ For approval 0 Approved as submitted 0 Resubmit copies for approval your use 0 Approved as noted 0 Submit copies for distribution As requested 0 Returned for corrections 0 Return corrected prints ❑ For review and comment 0 0 FOR BIDS DUE 19 0 PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO � SIGNED; i 4-1 2i; , 6 o- WILSON • MILLER • BARTON • SOLL & PEEK, INC. �`j / ENGINEERS PLANNERS SURVEYORS �" 1383 AIRPORT-PULLING ROAD NORTH, NAPLES, FLORIDA 33942-9986 (813J 643-4545 • May 31 , 1989 Mr. Ishmael Sanchez South Florida Water Management District 2209 Peck Street Ft. Myers, Florida 33901 Re : Orangetree , Permit No. 11-00418-S (August 11 , 1988 ) SEC. 13 , 14 , 23 , 24 , TWP. 48S, RGE 27E Dear Mr. Sanchez : Attached please find four signed and sealed copies of the subject project 's Sub-Basin #3 master plan. It has been revised to show new configurations of the lakes in Basin Three. The previous and revised lake area totals are shown on the attached plans. . The. - calculations for the construction and operation permit for these lakes have not been revised and remain in effect. We are submitting these plans for your review and approval. Please contact me if you have any questions or require additional information, Thank you. Sincerely, WILSON, MILLER, BARTON, SOLL & PEEK, INC. , 927J y Mark A. Higginson, P. E. MAH/mg RAYMONO W.MILLER,P.E.. WILLIAM L.BARTON.RE.• THOMAS R,PEEK,RE.,P.L.S.• WILBUR M.CHRISTIANSEN,FLS.• CLIFFORD H.SCHNEIDER,P.E. BENJAMIN C.PRATT,P.E.,P.L.S.. CARL H.BOLL,RLS.• FERMIN A.DIAZ,P.E.• JOHN E.BOUTWELL,P.L.S.• GARY L.DANCA,C.P.A.• ALAN D.REYNOLDS,A.I.C.P. Protecting South f•%rida s W iter Resources for 40 Yet... • O�pt`m44,40 h4c1949-1989 °'�'�' South Florida Water Management District a Y0 os ,2 Fort Myers Area Office • 2209 Peck Street • Fort Myers, FL 33901 • (813)332-0399 • FL WATS 1-800.248-1201 G.P. Application No. 890417-2 Resource Control Department May 16, 1989 Mr. Mark A. Higginson, P.E. • -_ Wilson, Miller, Barton, Soll & Peek, Inc. 1383 Airport-Pulling Road North Naples,- Florida 33942-9986 Dear Mr. Higginson: Subject: Orangetree Recreation Area, G.P. Application No. 890417-2, Collier County, S23/T48S/R27E The staff has completed a preliminary review of the above. According to Rule 40E-40, Florida Administrative Code (-FAC) , the following items must be addressed before our review can continue. 1. Please provide the operational entity for the proposed park. In accordance with 40E-1.603(5} FAQ, if the i nformati est-i s na.- reee4ved w.th i n 90 days of this date, the application may be processed for de-n-ia4 if not withdrawn by the applicant. Please submit FOUR- copies- of the infarmatien. Please address your response to Clyde Dabs of this office and include the above referenced application number. Sincerely, C/411-0,01X421)0A0g, Charles W. Pemble, P.E. Assistant to the Director Surface Water Management Div. Fort Myers Area Office CWP/cd c: DER Collier County Engineer • Governing Board. James F.Garner,Chairman• Fort Myers Arsenio Milian•Miami Ken Adams•West Palm Beach John R.Wodraska,Executive Director Doran A.Jason,Vice Chairman•Key Biscayne Fritz Stein•Belle Glade Valerie Boyd•Naples Tllford C.Creel.Deputy Executive Director J.D.York• Palm City Mike Stout•Windermere James E.Nail-Fort Lauderdale orontree L.. - Aitt4,,,;,,:‘,*' r Naples' Lakefront Community April 10, 1989 Mr . Ronald Orach Wilson, Miller, Barton, Soll & Peek, Inc . 1383 Airport-Pulling Road N . Naples, FL 33942 Dear Ron: Enclosed please find a check in the amount of $475 . 00, payable to South Florida Water Management, for fees for the lake modification. Sincerely yours, Am on Golan AG/st Enclosure 1'XAnn Ti-mmrsbo1. D....A PT....1..,., rT .7,-,..,,..4 /n,.,, 0 O z C) tri rn 1v H m m tri C N H � O —1 z T IO N LU'v Ufrom Bob Lockhart To Date bl J 87 Subject E Fw M J> • 0 l ' -/ ar/lat 0(9./ Scotch 7664"Post-it"Routing-Request Pad ROUTING - REQUEST Please I I READ To /P LJ HANDLE (,L) vvi 13 S t%o ❑ APPROVE _ and ❑ FORWARD V htcz - E. RETURN E. KEEP OR DISCARD- ' 114 REVIEW WITH ME Date � 1�/ �---- From ,!� !r�..al f ` � _. \V � 11 •� ,. °4t1' DEPARTMENT OF THE ARMY - rir�, ^ , I i aP� �"�"', 0\ JACKSONVILLE DISTRICT. CORPS OF ENGINEERS OCT 5 I9L� ' ' i^ P. O. BOX 4970 •G '..-�', }� JACKSONVILLE. FLORIDA 3223,-L'u1 . .. _ I• .., PUBLIC WORKS A11-4;. a.,..4.1.---; MIN.. J .. •• • ' .-s,4„.,,,,,, QEatr To DATE I . ' �J' -- ..._._. ._..a>TENTION OfACTION: Eµ 4.14-Reciu1 atory Divisio h ,Rov99j Penni �s °ranch *�• . INFO: rei ,LNc PUBLIC NOTICE /N 4E2-4-el/ Permit Application No. 87IP)EMc'r X-REF. TO WHOM iT MAY CONCERN: This nistrict has received ctrl dull iL_:-pion for a G Department of the Army permit pursuant to Section 404 of the Clean Water c Act, as described below: e' S APPLICANT: Big Cypress Basin atA'''.Virt." P.O. Box 8325 Naples, Florida 33941-832.5 WATERWAY & LOCATION: The proposed project is located in Golden Gate Canal , Sections 19, 24, 25, and 30, Township 48 South , Ranges 27 and 28 East, Collier County, Florida. LATITUDE & LONGITUDE: Latitude 26°16140"N. , Longitude 81°33'45"W. WORK & PURPOSE: The applicant proposes to replace an existing water control structure. The new structure will he a concrete weir, approximately 98 linear feet, with concrete wing walls extending approximately 53 feet - upstream and 45 feet downstream :of the weir slab. The wing walls will be blended into the existing canal banks by using riprap revetments. The project will require the excavation of approximately 1 ,9411 cubic yards of sand and rock (1,850 cubic yards waterward of ordinary high tqater) and placement of approximately 420 cubic yards of riprap (310 cubic yards water- ward of ordinary high water) . A temporary bypass channel and dikes will tic, constructed to permit dewatering of the construction site'. Spoil material will he stored on adjacent uplands. Upon completion of tr construction, the temporary dikes, bypass channel , and dewatering cells will be-resoored to preconstruction grades. - Any excess material will be spread on the - construction easement site and will not be placed on wetlands. The Corps jurisdiction involves only the riprap and the temporary dikes. The purpose of the project is to reduce overdrainage of the Golden Gate Canal water shed, to provide adr'i:ional storage of water for groundwater recharge, to provide flood control , to reduce hazards of forest fires , and to help restore the natural hydroperiod. . NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified. AuTHORIZATION FRC•1 OTHER AGENCIES: State Department of Environmental Regulation: The State application number is 111383745. Co1rnients regarding the application should be submitted in writing to the District Engineer at the above address within 20 days from tie date of this notice. If you have any questions concerning this application, you may contact •, _ . .. , . . • _re. __ .._i ,...1........ /non ‘ 7M 'ocno *OG�`pp k,.A, South Florida John R.Wodraska,Executive Director Tilford C.Creel,Deputy Executive Director 441,rvg1/ Water Management District off_ o J -r Post Office Box 24680 3301 Gun Club Road ar-- � West Palm Beach, Florida 33416-4680 ��,�y Telephone (407) 686-8800 Florida WATS Line 1-800-432-2045 IN REPLY REFER TO: CERTIFIED MAIL NO. P 938 623 285 Resource Control Department - - — - Application No. : 01268-A June 28, 1988 Mr. Robert Lockhart Wilson, Miller, Barton, Soll & Peek, Inc. 1383 Airport Road Naples, FL 33942 Dear Mr. Lockhart: • Subject: Notice of Intent for Pre-Permit Work Application Number: 01268-A Permit (Mod) Number: 11-00418-S Project : ORANGETREE Location : Collier County, S 13,14,23 & 24/T48S/R27E This letter is to notify you of the District's agency action concerning your Notice of Intent to Conduct Pre-Permit Work. This action is taken pursuant to Rule 40E-1.606 and Chapter 40E-40, Florida Administrative Code. Based on the information provided, District rules have been adhered to and a General Permit is in effect for CLEARING AND LAKES TO BE EXCAVATED: 1-1, 1-2, 1-3, 3-2, AND 3-3 ONLY. Subject to: 1. Not receiving a timely filed request for a Chapter 120, Florida Statutes, administrative hearing, 2. the enclosed 10 Standard Limiting Conditions. Should you object to these Conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Nancy H.Roan J.D.York Chairman-Plantation Vice Chairman-Palm City-- D ity—D D..,..+ n kA r'nrkin .Ir Arcanin Milian ' Frit,Stain .lamas F.Garner Mika Stout Doran A.Jason. t J Mr. Robert Lockhart Page 2 _.. Please contact this office if you have any questions concerning this matter. If we do not hear from you prior to the date specified in the "Notice of Rights," we will assume that you concur with the District's recommendation. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee not later than 5:00 p.m. this 28 day of June, 1988, in. accordance with Section 120.60(3) , Florida Statutes. Sincerely, 614,J2-61 Richard A. Rogers, P.E. Director Resource Control Department RAR:mrj Enclosures cc: DER Collier County Engineer Carlos de Rojas Field Representative Area Engineer Enforcement B. Colavecchio C. McCray H. Schloss K. Seader File J. Barone K. Dickson PRE-PERMIT WORK GENERAL PERMIT LIMITING CONDITIONS 1 . The Limiting conditions of Rule 40E-4.381 shall apply. 2. The general permit may be revoked at any time for violation of the terms of these conditions or other applicable District rule, upon notice and in accordance with section 120.60, Florida Statutes. 3. The permittee shall not refuse immediate entry or access to any authorized representative of the District who requests entry for purposes of inspection and presents appropriate credentials. 4. If, in the opinion of District staff, the activities are the cause of adverse water resource impacts, then District staff will so notify the permittee; any further damages resulting from continued operation will be considered in potential subsequent assessment of civil penalties. 5. The property must be restored to the satisfaction of the District if the surface water management permit is deniedor the permitted project is otherwise not in accord with the incidental site activities authorized herein. 6. To the extent permitted by Florida law, the permittee agrees to hold and save the District harmless from any and all liability arising from property damage or bodily injury as a result of the above described activities. 7. Any damage to off-site property which may have been caused by the incidental site activities herein must be mitigated or otherwise offset to the satisfaction of the District. 8. The activities are commenced at the permittee's own risk. 9. The permittee shall proceed to timely obtain the surface water management permit. 10. This permit only applies to authorization from the South Florida Water Management District; it is possible that additional permits may be necessary, nothing contained herein relieves the permittee from timely complying with applicable laws of other federal , state or local governments. Specific Authority 373.044, 373.113, 373.118 F.S. Law Implemented 373.117, 373.118, 373.416, 373.419, F.S. History--New 9-3-81, Amended 7-31-87. Formerly 16K-4.021(1)(b) , 16K-4.022(1)(c) . '��' FORM 0537 South Florida Water Management District �� 10/87 GENERAL PERMIT NOTICE OF RIGHTS This Notice of Rights is intended to inform the recipient of the administrative and judicial review which may be available as mandated by section 120,60(3), Florida Statutes.Be advised that although this notice is intended to be comprehensive,the review procedures set forth herein have been the subject of judicial construction and interpretation which may affect the administrative of judicial review available.Recipients are therefore advised to become familiar with Chapters 120 and 373,Florida Statutes,and the judicial interpretation of the provisions of these chapters. • 1. If a substantially affected person objects to the staff's recommendation,that person has the right to request an administrative hearing on the proposed agency action.The substantially affected person may request either a formal or an informal hearing, as set forth below. Failure to comply with the prescribed time periods shall constitute a waiver of the right to a hearing. 2. If a substantially affected person believes a genuine issue of material fact is in dispute,that person may request a formal hearing pursuant to section 120.57(1), Florida Statutes, by filing a petition not later than: a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT,within fourteen(14)days after mailing of the proposed agency action or b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED, within fourteen days after receipt of actual notice. The request for a section 120.57(1), F.S., formal hearing must comply with the requirements of Rule 40E-1.521, Florida Administrative Code,a copy of which is attached.Petitions are deemed filed upon receipt by the District.Failure to substantially comply with the provisions of Rule 40E-1.521,Florida Administrative Code,shall constitute a waiver of the right to a 120.57(1) hearing. If a petition for administrative hearing is not timely filed,the staff's proposed agency will automatically mature into final agency action. 3. If a substantially affected person believes that no issues of material fact are in dispute,-that person may request an informal hearing pursuant to section 120.57(2),F.S., by filing a petition for hearing not later than: a. IF NOTICE OF THE APPLICATION WAS PUBLISHED BY THE APPLICANT,within fourteen (14)days after mailing of the proposed agency action or • b. IF NOTICE OF THE APPLICATION WAS NOT PUBLISHED, within fourteen days after receipt of actual notice. A request for informal hearing shall be considered as a waiver of the right to request a formal section 120.57(1),F.S.,hearing.A request fora section 120.57(1),F.S.,formal hearing not in substantial compliance with the provisions of rule 40E-1.521,F.A.C., may be considered,by the District as a request for informal hearing.If a petition for administrative hearing is not timely filed,the staff's proposed agency action will automatically mature into final agency action. 4. Pursuant to section 373.114,Florida Statutes,a party to the proceeding below may seek review of a Final Order rendered on the permit application before the Land and Water Adjudicatory Commission, as provided therein. Review under this section is initiated by filing a request for review with the Land and Water Adjudicatory Commission and serving a copy on the Department of Environmental Regulation and any person named in the Order within 20 days after rendering of the District's Order. However, when the order to be reviewed has statewide or regional significance, as determined by the Land and Water Adjudicatory Commission within 60 days after receipt of a request for review,the commission may accept erequest for review from any affected person within 30 days after the rendering of the order. Review under section 373.114, Florida Statutes, is limited solely to a determination of consistency with the provisions and purposes of Chapter 373,Florida Statutes.This review is appellate in nature and limited to the record below. 5. A party who is adversely affected by final agency action on the permit application is entitled to judicial review in the District Court of Appeal pursuant to section 120.68,Florida Statutes,as provided therein.Review under section 120.68,Florida Statutes in the District Court of Appeal is initiated by filing a petition in the appropriate District Court of Appeal in accordance with Florida rule of appellate Procedure 9.110.The Notice of Appeal must be filed within 30 days of the final agency action. 6. Section 373.617(2), Florida Statutes, provides: Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court in the judicial circuit in which the affected property is located; however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state's police power constituting a taking without just compensation. Review of final agency action for the purpose of determining whether the action is in accordance with existing statutes or rules and based on component substantial evidence shall proceed in accordance with Chapter 120. 7. Please be advised that exhaustion of administrative remedies is generally a prerequisite to appeal to the District Court of Appeal or the seeking of Circuit Court review of final agency action by the District on the permit application. There are, however,exceptions to the exhaustion requirement.The applicant is advised to consult the case law as to the requirements of AVh tictinn Gv/`QntinnC S o u.i FloridaJohn R.Wodraaka,Executive Director Tiltord C.Creel,Deputy Executive Director til=� Water Management District 0 Post Office Box 24680 3301 Gun Club Road ,5; ::' .:: �� West Palm Beach, Florida 33416-4680 se> Telephone (407) 686-8800 qFlorida WATS Line 1-800-432-2045 IN REPLY REFER TO: Permit No. 11 -00418-S September 9, 1988 • Orangetree Associates (Orange tree) 3325 Hollywood Blvd, #305 Hollywood, FL 33021 Dear Permittee: Enclosed is your Permit as authorized by the Governing Board of the South Florida Water Management District at its. nteeti_ng on_ 8/11/88. It is requested that you read your Permit thoroughly and understand its contents and conditions . If you have any • •questions , please do not hesitate to contact this office. Sincerely, -Vern Nai er Administrative Supervisor Resource Control Department Enclosure: ( 1 ) • Nancy H.Roen J.O.York Chairman-Plantation Vice Chairman-Palm City Nathaniel P.Need Oscar M.Corbin,Jr. Arsenio Milian Fritz Stein James F.Garner Mike Stout Doran A. Jason Hobe Sound Ft.Myers Miami Belle Glade Ft.Myers Windermere Key Biscayne SOUTH FLORIDA WATER MANAGEMENT DISTRICT MODIFICATION OF SURFACE WATER MANAGEMENT PERMIT NO. 11-00418-S DATE ISSUED: August 11 , 1988 ISSUED TO: Orangetree Associates (Orangetree) 3325 Hollywood Blvd. , Suite 305 Hollywood, Florida 33021 LOCATION: Collier COUNTY, SEC 13,14,23,24 TWp 48S RGE 27E CONSTRUCTION .AND OPERATION OF A WATER MANAGEMENT SYSTEM SERVING 198.7 ACRES OF RESIDENTIAL LANDS ORIGINAL. PERMIT AUTHORIZATION: (BASIN 3-PHASES 1A, 2A AND 4A) AND 1031 .7 ACRES (Conceptual Approval granted OF AGRICULTURAL LANDS (BASIN 2 AND BASIN 6) DIS- CHARGING INTO THE GOLDEN GATE CANAL SYSTEM. November 13, 1986. ) • 1 . EXCAVATION OF 122.2 ACRES OF LAKES AND THE APPROVED MODIFICATION: RELOCATION OF THE FILL OFF-SITE. 2.�THE ADDITION OF A 4.5 ACRE LAKE TO BASIN 1 . •C 3. RAISE CONTROL ELEVATION OF LAKE 5-2 TO 15' NGVD -- 'AND LAKE 5-3 TO 14 ' NGVD. (App. No. 01268-A) THIS PERMIT MON( {CATION IS APPROVED PURSUANT TO A REQUEST DATED Jan.18.19 88.PERMITEE AGREES TO HOLD AND SAME THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND ITS SUCCESSORS HARMLESS FROM ANY AND ALL DAMAGES,CLAIMS,OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE,OR USE OF ANY WORK OR STRUCTURE INVOLVED IN THE PERMIT. THE ORIGINAL PERMIT, INCLUDING ALL PLANS AND SPECIFICATIONS ATTACHED THERETO, AS ADDRESSED BY THE STAFF REPORT AND THCICF Aflf1RFCCFfI RV Ti-HF MCIf I C'ATICIN CTAFF RFDfRT ARF RV RPPPRFNCF MAni A DART • (MOD) No. I1-00.118 Auojus t: 1 I , 1988 Sleet 2 of 4 SPECIAL CONDITIONS BA INS 1 , 3 AND 5 I . MINIMUM BUILDING FLOOR ELEVATION 17.5 FEET NGVD (ALL RESIDENTIAL BASINS) . 2. MINIMUM ROAD CROWN ELEVATION 16.0 FEET NGVD (ALL RESIDENTIAL BASINS) . 3. DISCHARGE FACILITIES: SUB-BASIN 1 : 1-4.75' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AI ELEVATION 13.0' NGVD. SUB-BASIN 3: 1-6.5' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. SUB-BASIN 5: 1-5.0' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. RECEIVING WATER: GOLDEN GATE CANAL SYSTEM. CONTROL ELEVATION: 13.0' NGVD. 4. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. 5. THE PERMITTEE SHALL- BE RESPONSIBLE FOR THE CORRECTION OF ANY WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 6. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 7. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF ORANGETREE ASSOCIATES. 8. PRIOR TO ANY CONSTRUCTION ON THE COMMERCIAL TRACT, PLANS AND CALCULATIONS SHALL BE SUBMITTED TO THE DISTRICT FOR REVIEW AND APPROVAL. THIS TRACT MUST PROVIDE 1/2 INCH OF_ON-SITE DRY PRETREATMENT PRIOR TO DISCHARGE -INTO) THE SUB-BASIN 3 WATER MANAGEMENT SYSTEM. 9. LAKE SIDE SLOPES SHALL BE 6: 1 (HORIZONTAL :VERT1CAL) TO A DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL ITE NURTURED OR PLANTED FROM 2'• BELOW TO 1 ' ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. 10. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF FQ[jLRE PHASE , PAVING, GRADING, AND DRAINAGE PLANS SHALL BE SUBMITTED TO THE DISTRICT FOR REVIEW AND APPROVAL. Perri L No. 1 1 -0041£,-S Atigtr I: I I , 198H Sheet 3 of 4 11 . PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF FUTURE PHASES, VERIFICATION THAT ON-SITE WATER AND WASTEWATER FACILITIES WILL BE AVAILABLE FOR THE PROPOSED PHASE SHALL BE SUBMITTED TO THE DISTRICT. 12. LAKE EXCAVATION WILL BE MAINTAINED A MINIMUM OF 50 FEET FROM THE DESIGNATED WETLAND CONSERVATION AREAS IN BASIN 5. 13. A WETLAND MONITORING AND MAINTENANCE PROGRAM WILL BE IMPLEMENTED. THIS PROGRAM WILL INCLUDE BI-WEEKLY MEASUREMENT OF WET SEASON LEVELS -IN THE 8.90, THE 2.01 AND THE 1 .27 ACRE CYPRESS WETLANDS. FIXED POINT PANORAMIC PHOTOGRAPHS WILL BE TAKEN ANNUALLY. A REPORT SHALL BE SUBMITTED TO THE DISTRICT WHICH DISCUSSES THE SUCCESS OF THE RESTORATION EFFORT. MONITORING SHALL CONTINUE FOR A PERIOD OF THREE YEARS AFTER ESTABLISHMENT OF APPROVED HYDRIC CYCLES. THE DISTRICT RESERVES THE RIGHT TO REQUIRE ADDITIONAL MEASURES BE TAKEN BY THE PERMITTEE IF WETLAND MONITORING OR OTHER INFORMATION DEMONSTRATES THAT ADVERSE IMPACTS TO PROTECTED, CONSERVED OR INCORPORATED WETLANDS HAVE OCCURRED DUE TO PROJECT RELATED ACTIVITIES. 't ivli I. : '•1u1)) No . 1 l -0U418- f\u1)u,; t I I , 198:3 :3 `;Ilr.et O. 4 LIMITING CONDITIONS 1 THE PERMITTEE SHALL PROSECUTE THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH. WILDLIFE. NATURAL ENVIRONMENTAL VALUES. AND WATER OUALITY THE PERMITTEE SMALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOO. INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES. TO REDUCE EROSION. TURBIDITY.NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING,WA.TERS. 2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEES PROPERTY OR INTO SURFACE WATERS OF THE STATE SHALL BE SUBMITTED TO THE DISTRICT AS REQUIRED PARAMETERS RTO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 17-3 IF WATER QUALITY DATA IS REQUIRED. THE ERmITTEE SHALL PROVIDE DATA AS REQUIRED.ON VOLUMES OF WATER DISCHARGED. INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE. 3. THE PERMITTEE SHALL COMPLY WITH ALL APPLICABLE LOCAL SUBDIVISION REGULATIONS AND.OTHER LOCAL REQUIREMENTS. IN ADDITION THE PERMITTEE SHALL OBTAIN ALL NECESSARY FEDERAL. STATE. LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START OF ANY CONSTRUCTION OR ALTERATION OF WORKS AUTHORIZED BY THIS PERMIT. 4. THE OPERATION PHASE OF THIS PERMIT SHALL NOT BECOME EFFECTIVE UNTIL.A FLORIDA REGISTERED PROFESSIONAL ENGINEER CERTIFIES THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE DESIGN APPROVED BY THE DISTRICT WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM.THE PERMITTEE SHALL SUBMIT THE CERTIFICATION AND NOTIFY THE DISTRICT THAT THE FACILITIES ARE READY•FOR INSPECTION ANO APPROVAL. UPON APPROVAL OF THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM.THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE ENTITY APPROVED BY THE DISTRICT. 5. ALL ROADS SHALL BE SET AT OR ABOVE ELEVATIONS REQUIRED BY THE APPLICABLE LOCAL GOVERNMENT FLOOD CRITERIA. 6. ALL BUILDING FLOORS SHALL BE SET AT OR ABOVE ELEVATIONS ACCEPTABLE TO-THE APPLICABLE LOCAL GOVERNMENT 7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT SHALL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT.NO ROADVJAY OR BUILDING CONSTRUCTION SHALL COMMENCE ON-SITE UNTIL COMPLETION OF THE PERMITTED DISCHARGE STRUCTURE AND DETENTION AREAS WATER DISCHARGED FROM THE PROJECT SHALL BE THROUGH STRUCTURES HAVING A MECHANISM SUITABLE FOR REGULATING UPSTREAM WATER STAGES.STAGES MAY BE SUBJECT TO OPERATING SCHEDULES SATISFACTORY TO THE DISTRICT. 8. NO CONSTRUCTION AUTHORIZED HEREIN SHALL COMMENCE UNTIL A RESPONSIBLE ENTITY ACCEPTABLE TO THE DISTRICT HAS BEEN ESTABLISHED AND HAS AGREED TO OPERATE AND MAINTAIN THE SYSTEM.THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN UPON RECEIPT OF WRITTEN EVIDENCE OF THE SATISFACTION OF THIS CONDITION. THE DISTRICT WILL ISSUE AN AUTHORIZATION TO COMMENCE CONSTRUCTION. 9 THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGI-IT NOP ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4,FAC. 10 THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES. CLAIMS. OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION,OPERATION.MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 11. THIS PERMIT IS ISSIIED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY.IT IS ALSO THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFFSITE WATER RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 12. PRIOR TO DEWATERING. PLANS SHALL BE SUBMITTED TO THE DISTRICT FOR APPROVAL. INFORL4ATION SHALL INCLUDE AS A MINIMUM' PUMP SIZES, LOCATIONS AND HOURS OF OPERATION FOR EACH PUMP IF OFFSITE DISCHARGE IS PROPOSED.OR OFF-SITE ADVERSE IMPACTS ARE EVIDENT.AN INDIVIDUAL WATER USE PERMIT MAY BE REQUIRED.THE PERMITTEE IS CAUTIONED THAT SEVERAL MONTHS MAY BE REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. WILSON, MILLER, BAR 4 JOS Memor idum of Telecon SOLL & PEEK, INC. Engineers Planners Land Survey SHEET NO. Landscape Architects Environmental Com. ..nts 1383 Airport Rd. N. Naples, FL 33942 CALCULATED BY DATE (813)643.4545 CHECKED NY SCALE . . . .. DATE i- //- 0 TIME: • - /: .3 c) JOB NO.: 76,c") • ...... __. ...._..... PROJECT: __ -- --- _ INITIATED BY: • . . • __ PERSON CALLED: Li A.L.-reP__ Li A 12- - ----7-— ,....... ....-- re" _SUBJECT: 44,4)/-c--ic A97/d"-/ .4c, ,04:76,-x:A7/7 //- oolt/3- 1--3 I ! ___,...•_.....1 • . i . , ! ; • - . . ' • _ wol,-1- ej04).4.A 1 .-420 ) /C:=LALL . . / G) -7.:. .vcr_ ,---:,..e.,,t_.4 .4 LzA__ /* / d . 4,4c-,g___- _,_;...a -C-'4-.-) - i c=1-",e.2r7./• - •-c.,'A . ---- ,2_ "7-..;-,7- -r- 4./z: '‘'7',)1,(2 : - (- -- .'- ......._.15-3 /cr.,,G.-"- _ 1 A _ L..41 .., ,f--ge _ i...*ret2g,4-1z ..---_Qi._ ! tP,ie• 4?--:47-.7 V7- .'d-1,__\ ..7___ __—__________. ,,. , : ,, ! ! { ! i _.--42? 42 __e_-.0-(1-1--S -t. - i.--e-i, ,..z.0/0.)..7e--.4) 7,.)d- f......g c.JRc _ _ i i .,' i I ; ,' „..1.. _..5 ./4.c_ ./... 67-- ; .,4-1,-?;e.er 7:2. i 4-4 i-7.4. 4.c4L-1.,,i; /2 ). 1 Kde-e---- 4 1.-i&-x.,_ .7 "1/,4 erjt j 1/4-A. 87 _ I i ' ._ . . • : . .... . . . . . !; , . • .. • • . . . . . . .• . , • .• . . .•• ........ - . - • . • _.._ ACTION REQUIRED: . • .. • , . 7• : ! . 4... 1-t • .A.)9"r". .: . . : •--,-. --..---- i i ...--..-— . . ' 7 ; —-.'''' • --+ - • . . . . i . . • ,. ...... " H- i ; I i . . i ; 1 I i --r----- ; ; I--- 1---. . , . .... : i F. i_ . . t• , 1 . .._,............ I ! I - ---. 1 I WILSON, MILLER, BARTON, SOLL & PEEK, INC . 1383 Airport Road North Naples , Florida 33942 Office ( 813 ) 643-4545 FAX ( 813 ) 643-5716 TO: DATE: / FROM: R E: ,) ) FAX NO. '- - - No. of pages including cover sheet : -- Call Sender when received: YES NO COMMENTS : SIGNED: WILSON, MILLER, ATON JOB Memo' ndum of Meeting SOLL & PEEK, INC. Professional Engineers,Planners&Land Surveyors SHEET NO. OF 1383 Airport Rd.N. Naples;FL 33942 (813)775-1124 CALCULATED BY DATE 8951 Bonita Beach Road,S.E. CHECKED BY Suite 292 Bonita Springs,FL 33923 DATE (813)597-2288 or 332.7963 SCALE Dated 7 8 ! i 3 #Timei. L} i /i ob'No. # } 1 1 Location of Meeting: \u r.e # I I 1 , 1 1 }# i1 I Illii lii ! i• I i . . Attendees: i V� '?to } 7I I L( I__ _.:...._ # 7111—j ._._,_ 1.__._._ _ .._ 1.-0.1i-rei—Kty. :\-1-S kj,411 I i 1 1 i • T i #� c!? . _._._S - Mie _..�.._ I . t_ I I� 111 : ' i -_._ # ! # # I' I } } } IhItemsD, usd: 1 I J-,...... r -• ! !:14L. 4 K wc,� ! , 1 • a u] • , 1 i --I--,..1)I a; (06 Ca k I k 6 t •i•--5.WI r 1:'ffi '---4.----•4-. -11-64 1.k t la.1.1.(3--").•'.f.i .-I--401•4.,-1- .5 I- -4......---1-...-. 4*i 1 1 1 ,---t' 1 N ,, 1 t -• - -- ' I i_.__1-_ --.--1. I I i I 1 i 1 ; I I € 1- I } # I I i # I i i 1 i -# 1 # - I # I 1 , �r� j'c. t 1 � LL I # • } , -r .5 ' i.... I '.0 1 It !' J , ,� 1 I • #i , I #.... 1 r 1 } I ............ ---- _ -' ; ~ ' lot . ' MEMORANDUM TO : Glen MacDonald FROM : Scott Wiggins • DATE : July 24 , 1989 SUBJECT : Orangetree Water Use--Backpumping Feasibility Based on Johnson Engineering 's 1986 report for the Big Cypress Basin 's C-31 South Backpump Facility , which withdraws excess water from the Golden Gate Canal (GGC) , the following assumptions were applied to Orangetree : 1) Orangetree lies in approximately the first 20% of the overall GGC watershed. "Excess water" flows out the GGC to the Gordon River at a rate of approximately 60 cfs during the dry season ; thus , we assumed that (60 X 20% =) 12 cfs flows in the GGC near the vicinity of Orangetree . 2) For an average excess flow of 60 cfs in the GGC, the Big Cypress Basin (BCB) installed two pumps with a combined capacity of 18 cfs (810 GPM) or 30% of the average 6;,.. t '4.1(3 If' this percentage is applied to Orangetree , then Orangetree pump (s) would be sized for 3 .6 cfs ( 160 GPM) . A pump of this size would cost approximately $5 ,000 . 3) Ananta Nath , BCB basin engineer , indicated that excess water may only be available from May 15 to January 15 ; thus , during the driest season , i .e . January 15 to May 15, water would not be available . The following cost estimates are preliminary and based on the above assumptions : A . Surface water conservation study to $3000 quantify excess water B . Analysis of pumps s $ 800 C . Preparation of cOnstruction plans , $3700 specifications , and permit drawings D . Construction inspection & fiel location $2000 E . Construction of pump system , including pump $10000 F. Contingency of 25% $2000 TOTAL $21500 YEARLY OPERATION AND MAINTENANCE-COSTS approx . $1600 Again , this estimate is preliminary and offered only to provide a feel for the magnitude of the project . Although Items A-C will constitute the bulk of the initial submittal to SFWMD , permitting the project through Board approval would be an additional expense . • - ' -- — The feasibility of the eas y project should be evaluated with the potential availability of excess water in mind . Although water would likely be available from May to January , water would probably not be needed from, say , June 15 to October 15; thus , water may be pumped for approximately four months of the year . At a rate of 3 .6 cfs for four months , approximately 279.3 million gallons could be withdrawn if pump (s) ran continuouslyforfour months . This results in a total volume of approximately 855 acre-feet of water . Before proceeding with this project , however , we feel it is necessary to revise the overall water management design as we outlined in our May 2, 1989 , proposal . • • . . -csp "WA,�i S o u L 1 1 Florida John R.Wodraska,Executive Directc /ti Tiltord C.Creel,Deputy Executive Directc cr�.__`,� �� Water Management District �, r'' o" —Zi Post Office Box 24680 3301 Gun Club Road • ft+- ----_, .,c9' West Palm Beach, Florida 33416-4680 ewe,- �.a Telephone (305) 686-8800 PS' ' • Florida WATS Line 1-800-432-2045 IN REPLY REFER TO: CERTIFIED MAIL NO. P 533 029 283 RETURN RECEIPT REQUESTED . • RESOURCE CONTROL DEPARTMENT • August 25, 1987 Orangetree Development Corporation 3325 Hollywood Boulevard Suite 305 Hollywood, Florida 33021 Dear Sir or Madam: Subject: Conceptual Approval No. 11-90020-S, Orange Tree Phase 1A, 2A, 4A, Basin 2 and Basin 6, Collier County, S13, 14, 23,24/T48S/R27E Enclosed is a copy of this District's staff report covering the permit application referenced therein. It is requested that you read this staff report thoroughly and understand its contents . The recommendations as stated in the staff report will be presented to our.Governing Board for consideration on September 10, 1987. Should you object to the staff recommendation, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. You are advised, however, to be prepared to defend your position regarding the permit application when it is considered by the Governing Board for final agency action, even if you agree with the staff recommendation, as the Governing Board may take final agency action which differs materially from the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you prior to the date -on the "Notice of Rights" , we will assume you concur with our recommendations . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee and the persons listed in the attached distribution list not later than 5:00 p.m. this 25th day of August 1987, in accordance with Section 120.60(3) , Florida Statutes . Sincerely, ern Kaiser Administrative Supervisor J D v-r� C'a:r.^ a - Ptartat . V,ce C-?.•man- Pain,C )sCar 2,.5<^;0 r r,iia- - .:Step- Jar-os F Garner .10ike Stout fOtan A Jason • (F� FORM 00300 A 1/87 14. f>4 • South Florida Water Management District • NOTICE OF RIGHTS This Notice of Rights is intended to inform the recipient of the administrative and judicial review which may be available as mandated by section 120.60(3), Florida Statutes.Be advised that although this-notice is intended to be comprehensive, the review procedures set forth herein have been the subject of judicial construction and interpretation which may affect the administrative of judicial review available.Recipients are therefore advised to become familiar with Chapters 120 and 373. Florida Statutes, and the judicial interpretation of the provisions of these chapters. 1. If a substantially affected person objects to the staff's recommendation,that person has the right to request an administrative hearing on the proposed agency action.The substantially affected person may request either a formal or an informal hearing, as set forth below. Failure to comply with the prescribed time periods shall constitute a waiver of the right to a hearing. 2. If the substantially affected person believes that a genuine issue of material fact is in dispute,that person may request a formal hearing pursuant to section 120.57(1),Florida Statutes,by filing a petition for hearing not later than September 8th 1987.The request for a 120.57(1) formal hearing must comply with the requirements of rule 40E-1.521 Florida Administrative Code,a copy of which is attached.Petitions are deemed filed upon receipt by the District.Failure to substantially comply with the provisions of rule 40E-1.521 Florida Administrative Code shall constitute a waiver of the right to a 120.57(1) hearing. 3. If a substantially affected person believes that no issues of material fact are in dispute, that person may request an informal hearing pursuant to section 120.57(2), Florida Statutes, by filing a petition or hearing not later than September 8th 1987.A request for informal hearing shall be considered as a waiver of the right to request a formal section 120.57(1)hearing.A request for a section 120.57(1) formal hearing not in substantial compliance with the provisions of rule 40E-1.521 Florida Administrative Code, may be considered by the District as a request for informal hearing. 4. Pursuant to section 373.114,Florida Statutes,a party to the proceeding below may seek review of a Final Order rendered on the permit application before the Land and Water Adjudicatory Commission, as provided therein.'Review under this section is initiated by filing a request for review with the Land and Water Adjudicatory Commission and serving a copy on the Department of Environmental Regulation and any person named in the Order within 20 days after rendering of the District's Order. However, when the order to be reviewed has statewide or regional significance, as determined by the Land and Water Adjudicatory Commission within 60 days after receipt of a request for review,the commission may accept a request for review from any affected person within 30 days after the rendering of the order. Review under section 373.114, Florida Statutes, is limited solely to a determination of consistency with the provisions and purposes of Chapter373,Florida Statutes.This review is appellate in nature and limited to the record below. 5. A party who is adversely affected by final agency action on the permit application is entitled to judicial review in the District , Court of Appeal pursuant to section 120.68,Florida Statutes,as provided therein.Review under section 120.68,Florida Statutes in the District Court of Appeal is initiated by filing a petition in-the appropriate District Court of Appeal in accordance with Florida rule of appellate Procedure 9.110.The Notice of Appeal must be filed within 30 days of the final agency action. 6. Section 373.617(2), Florida Statutes, provides: Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court in the judicial circuit in which the affected property is located: however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state's police power constituting a taking without just compensation. Reviewof final agency action for the purpose of determining whether the action is in accordance with existing statutes or rules and based on component substantial evidence shall proceed in accordance with Chapter 120. - 7. Please be advised that exhaustion of administrative remedies is generally a prerequisite to appeal to the District Court of Appeal or the seeking of Circuit Court review of final agency action by the District on the permit application. There are, however,exceptions to the exhaustion requirement.The applicant is advised to consult the case law as to the requirements of exhaustion exceptions. DATE FOR GOVERNING BOARD ACTION: October 8, 1987 ril.P.1.171,- SURFACE WATER MANAGEMENT Sip.: ::;� •( ;,;' • , ,;;•n ,, • PERMIT MODIFICATION 8(Thid App;'ovaj APPLICATION NUMBER: 05227-C and 06057-C , '��.7 July 28, 1987 PERMIT NUMBER: Conceptual Approval No. 11,3dG o-S (Nov. 13, 1986) .� PROJECT NAME: Orange Tree Phase 1A, 2A, 4A, 'Basin 2, and Basin 6 CITY: N/A COUNTY: Collier County S13,14,23,24/T48S/R27E OWNER: Orangetree Associates DEVELOPER: Orangetree Associates Basin 3 Phases 1A, TOTAL PROJECT 2A and 4A Basin 2 Basin 6 TOTAL 2797.83 ACRES 198.7 ACRES 907.4 ACRES 234.8 ACRES WATER MANAGEMENT 318.9* ACRES 81 ACRES 90.5 ACRES 20 ACRES - IMPERVIOUS 465.87 ACRES 55 ACRES 0 ACRES 0 ACRES DWELLING 2100 UNITS 254 UNITS 0 UNITS 0 UNITS COMMERCIAL 60000 SQ FT ** SQ FT 0 SQ FT 0 SQ FT School/Community 81.84 ACRES 0 ACRES 0 ACRES 0 ACRES Grove 1031.7* ACRES 0 ACRES 816.9 ACRES 214.8 ACRES *Does not include Basin 4. **Not known at this time. SPECIAL DISTRICT: N/A SFWMD BASIN: Fakahatchee Strand ABSTRACT: This application is for the first phase of construction of the Orange Tree project which was conceptually approved on Nov 13, 1986. The appliction is for construction and operation of 198.7 acres of residential land and 1031 .7 acres of agricultural lands. 1 • • calculations. Prior to the commencement of construction on these parcels paving, grading, and drainage plans must be submitted to the District for review and approval . In addition the commercial parcel must provide 1/2"of dry pre- treatment prior to discharge into the water management system. Staff recommends approval of the modification subject to conditions. APPLICATION REVIEWER: SUPERVISOR/CHECKER: ------- RTECHNICAL: M. Daron E. Yaun MA WATER QUALITY: M. Daron S. Anderson Subject to Gove in ENVIRONMENTAL: B. Helfferich C. Padera Board Approval APPROVED: ASSISTANT DIVISION DIRECTOR: C e t DEPARTMENT DIRECTOR: TM.,., DATE: 0:424.2 Richard A. Rogers, P.E. Resource Control Department Subject to the following 12 Standard Limiting and 27 Special Conditions (for conceptual approvals only, these, conditions as a minimum will apply to subsequent construction permitting) . AGENDA DESCRIPTION: CONSTRUCTION AND OPERATION OF A PROPOSED STORM WATER MANAGEMENT SYSTEM FOR 198.7 ACRES OF RESIDENTIAL LANDS, AND 1031.7 ACRES OF AGRICULTURAL LANDS DISCHARGING TO THE GOLDEN GATE CANAL SYSTEM (CONCEPTUAL APPROVAL GRANTED 11-13-86) . 3 SPECIAL CONDITIONS FOR BASINS 1, 3, AND 5 1 . MINIMUM BUILDING FLOOR ELEVATION 17.5 FEET NGVD (ALL RESIDENTIAL BASINS) . 2. MINIMUM ROAD CROWN ELEVATION 16.0 FEET NGVD (ALL RESIDENTIAL BASINS) . 3. DISCHARGE FACILITIES: SUB-BASIN 1: 1-4.75' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. SUB-BASIN 3: 1-6.5' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. SUB-BASIN 5: 1-5.0' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. RECEIVING WATER: GOLDEN GATE CANAL SYSTEM. CONTROL ELEVATION: 13.0' NGVD. 4. PRIOR TO ISSUANCE OF A CONSTRUCTION PERMIT FOR SUB-BASIN 5 DETAILED CONSTRUCTION PLANS INCLUDING WETLAND DELINEATIONS AND ACREAGE FIGURES SHALL BE SUBMITTED TO DISTRICT STAFF FOR REVIEW AND APPROVAL. THE DESIGN OF THE CONSTRUCTION PLANS MUST MAINTAIN THE NATURAL HYDROPERIODS WITHIN THE WETLANDS. A FIFTY FOOT BUFFER SHALL BE PROVIDED BETWEEN THE SURVEY LINES OF THE WETLANDS AND ADJACENT LOT LINES AND ROADWAYS. A TWO HUNDRED FOOT SETBACK SHALL BE PROVIDED BETWEEN THE WETLANDS AND ANY PROPOSED LAKE AREAS. . 5. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. 6. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 7. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 5 SPECIAL CONDITIONS FOR SUB-BASINS 2, 4, & 6 13. DISCHARGE FACILITIES: SUB-BASIN 2,: 1-9.0' WIDE WEIR WITH AN INVERT AT ELEVATION 13.0' NGVD. SUB-BASIN 4: THE PERMITTEE SHALL NOT PERFORM AGRICULTURAL OPERATIONS IN THIS BASIN UNTIL SUCH TIME AS THE PERMIT -IS MODIFIED TO INCORPORATE AN AGRICULTURAL WATER MANAGEMENT SYSTEM. THIS STRUCTURE WILL BE DESIGNED AT SUCH TIME. SUB-BASIN 6: 1-1.6' WIDE BY 1.0' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 16.5' NGVD. RECEIVING WATER: GOLDEN GATE CANAL SYSTEM. CONTROL ELEVATION: 13.0' NGVD. 14. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY INTO SURFACE WATERS OR GROUND WATERS OF THE STATE SHALL. BE SUBMITTED TO THE DISTRICT AS REQUIRED OR THE PERMITTEE SHALL PARTICIPATE IN A DISTRICT APPROVED REGIONAL WATER QUALITY STUDY AS REQUIRED. PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 17-3. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO WATERS OF THE STATE. 15. SPECIAL CONDITIONS OF RULE 40E-4.381 (SURFACE ,WATER MANAGEMENT). ARE WAIVED UNLESS OTHERWISE PROVIDED HEREIN. 16. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. 17. LAND USE SERVED BY THE PERMITTED FACILITIES IS AGRICULTURAL. PROPOSED CONSTRUCTION OF RESIDENCES MAY REQUIRE MODIFICATION OF THIS PERMIT AND MUST BE REPORTED TO THE DISTRICT. 18. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 19. THE PERMITTEE SHALL PROSECUTE THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATER. 7 PROJECT SITE: SECTIONS 13, 14, 23 & 24, _ TWP-48-S,RGE-27-E, • COLLIER COUNTY, FLORIDA . j • ; :� - ; tri:/(•-; - ' kE nr r i " r.,...7.,,,,,,-. 1 ��tl �® r • E �`;J�j LN® uM. c I - .. s..na..•r F 1 \..cw+. • Q .ri. a t,,. i aoo.r,,s c IktftCC4' ':/ j i --_ �1 `, y...ca:.a n.AM �M . 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I I - _ JI `1 P, I ' I I ' II FYfiih;t 9 STAFF REPORT DISTRIBUTION LIST PROJECT Orangetree Phase IA, 2A, 4A APPLICATION NUMBER 05227-C, and Basin 2, and Basin 6 06057-C INTERNAL DISTRIBUTION EXTERNAL DISTRIBUTION CONTINUED X Reviewer: M. Daron X Applicant: Orangetree Associates X E. Botka X Applicant's Consultant: X C. de Rojas Wilson, Miller, Barton, Soll & Peek. Inc. K. Dickson X Engineer, County of: C. Drew Collier County X S. Lamb Engineer, City of: J. Mang X C. McCray Local Drainage District: P. Millar J. Morgan X M. Mortenson X C. Padera BUILDING AND ZONING X P. Rhoads Boca Raton P. Walker Boynton Beach J. Wodraska Royal Palm Beach X E. Yaun Tequesta X File West Palm Beach X Ft. Myers X Inspection Kissimmee COUNTY X Legal Broward -Dir. Water Mgmt Division X Collier -Agricultural Agent Dade -DERM GOVERNING BOARD MEMBERS Lee -Long Range Planning X Mr. Oscar M. Corbin -Mosquito Control X Mr. James F. Garner -E.P.S. Mr. Doran A. Jason. Martin -Planning and Zoning Mr. Arsenio Milian Palm Beach -Building Department Mr. Nathaniel P. Reed -Area Planning Boar Ms. Nancy H. Roen -School Brd, Plant Planning Mr. Fritz Stein Polk -Water Resources Department Mr. Mike Stout Mr. J.D. York OTHER X Fred Vidzes, Big Cypress Basin EXTERNAL DISTRIBUTION Kissimmee River Coordinating Council DEPT. OF ENVIRONMENTAL REGULATION: X Ft. Myers Orlando Port St. Lucie Tallahassee West Palm Beach EXHIBIT 11 1-.Fi MS� � �IVr1q ` John R.Wodraska, Executive Direc Tillord C.Creel. Deputy Executive Direc : Water Management District , 0 ,- -I Post Office Box 24680 3301 Gun Club Road West Palm Beach, Florida 33416-4680 ��, Telephone (305) 686-8800 Florida WATS Line 1-800-432-2045 IN REPLY REFER To: Permit No. 11-00418-S October 20, 1987 . Orangetree Associates (Orange Tree) 3325 Hollywood Blvd, Suite 305 Hollywood, FL 33021 Dear Permittee: Enclosed is your Permit as authorized by the Governing Board of the South Florida Water Management District at its meeting on 9/10/87. It is requested that you read your Permit thoroughly..and understand its contents and conditions. If you have any questions, .please do not hesitate to contact this office. Sincerely, 4111.ni / �i, Beth Ann Colavecchio Regulatory Administrator Resource Control Department Enclosure: (1) • Nancy H.Roen J.D.York Chairman-Plantation Vice Chairman-Palm City Nathaniel P.Reed Oscar M.Corbin,Jr. Arsenio Milian Fritz Stein James F.Garner Mike Stout Doran A.Jason Hobe Sound F ►.,,e.� _. PERMIT NO. 11-00418-S SHEET 2 OF 6 SPECIAL CONDITIONS FOR BASINS 1 , 3, AND 5 1. MINIMUM BUILDING FLOOR ELEVATION 17.5 FEET NGVD (ALL RESIDENTIAL BASINS) . 2. MINIMUM ROAD CROWN ELEVATION 16.0 FEET NGVD (ALL RESIDENTIAL BASINS) . 3. DISCHARGE FACILITIES: SUB-BASIN 1 : 1-4.75' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. SUB-BASIN 3: 1-6.5' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. SUB-BASIN 5: 1-5.0' WIDE BY 0.5' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 13.0' NGVD. RECEIVING WATER: GOLDEN GATE CANAL SYSTEM. CONTROL ELEVATION: 13.0' NGVD. 4. PRIOR TO ISSUANCE OF A CONSTRUCTION PERMIT FOR SUB-BASIN 5 DETAILED CONSTRUCTION PLANS INCLUDING WETLAND DELINEATIONS AND ACREAGE FIGURES SHALL BE SUBMITTED TO DISTRICT STAFF FOR REVIEW AND APPROVAL. THE DESIGN OF THE CONSTRUCTION PLANS MUST MAINTAIN THE NATURAL HYDROPERIODS WITHIN THE WETLANDS. A FIFTY FOOT BUFFER SHALL BE PROVIDED BETWEEN THE SURVEY LINES OF THE WETLANDS AND ADJACENT LOT LINES AND ROADWAYS. A TWO HUNDRED FOOT SETBACK SHALL BE PROVIDED BETWEEN THE WETLANDS AND ANY PROPOSED LAKE AREAS. 5. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. 6. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 7. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 41\ftDR40:44 , ,._,.....7,31 . ..-D (e.,, p � O ; x ., B � m -f i o P. o ..4 E r o Z 1 a33 fco 00 I W � a A co M Z S C•J p T ..i O c•+ p , ro '-' r3 "I Cu • f_n m = 9 -< 7 LO ..•• E S Mr- f O O fp re- , O '-' n Z a - -t fp O L ID -n a fu n .-- r— o -- in ca. to 1 0 c, W ISI. • n p t 0 < D' r-- is-) a rt CO �- a r ' co G ft' a CA - em _ Ul '4 ,U lIE;: ..A S.S _� � (2. --1 I N f_ 4. 1 j .. r .f-'ORM 0113 'Rev 5/84 South Florida Water Management District SURFACE WATER MANAGEMENT PERMIT NO. 11-00418- (NON-ASSIGNABLE) DATE ISSUED: September 10, 1987 AUTHORIZING: CONSTRUCTION AND OPERATION OF A WATER MANAGEMENT SYSTEM SERVING 198.7 ACRES OF RESIDENTIAL LANDS (BASIN 3-PHASES 1A, 2A AND 4A) • AND 1031 .7 ACRES OF AGRICULTURAL LANDS (BASIN 2 AND BASIN 6) • DISCHARGING INTO THE GOLDEN GATE CANAL SYSTEM. • 13,14, LOCATED IN: COLLIER COUNTY, SECTION 23,24 TWP. 48S RGE. 27E ISSUED TO: Orangetree Associates (Orange Tree) • 3325 Hollywood Boulevard, Suite 305 • Hollywood, Florida 33021 05227-C dated May 21 , 1987and This Permit is issued pursuant to Application for Permit No 06057-C dated June 3 , 1987 ;Permittee agrees to hold and save the South Florida Water Management District and its successors harmless from any and all damages,claims,or liabilities which may arise by reason of the construction,operation,maintenance,or use of any work or structure involved in the Permit.Said application, including all plans and specifications attached thereto,as addressed by the staff report,is by reference made a part hereof. This Permit may be revoked or modified at anytime pursuant to the appropriate provisions of Chapter 373, Florida Statutes. This Permit does not convey to Permittee any property rights or privileges other than those specified herein,nor relieve the Permittee from complying with any law,regulation,or requirement affecting the rights of other bodies or agencies. All structures and works installed by Permittee hereunder shall remain the property of the Permittee. Within thirty (30)days after the completion of the construction of any work or structure relative to this permit,the Permittee shall file with the District a written statement of completion on the appropriate form provided by the Board. SPECIAL CONDITIONS ARE AS FOLLOWS: PERMIT NO. 11-00418-S SHEET 3 OF 6 8. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF ORANGETREE ASSOCIATES. 9. PRIOR TO ANY CONSTRUCTION ON -THE COMMERCIAL TRACT, PLANS AND CALCULATIONS SHALL BE SUBMITTED TO THE DISTRICT FOR REVIEW AND APPROVAL. THIS TRACT MUST PROVIDE 1/2 INCH OF ON-SITE DRY PRETREATMENT PRIOR TO DISCHARGE INTO THE SUB-BASIN 3 WATER MANAGEMENT SYSTEM. 10. LAKE SIDE SLOPES SHALL BE 6:1 (HORIZONTAL:VERTICAL) TO A DEPTH-Of- TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE NURTURED OR PLANTED FROM 2' BELOW TO 1' ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. 11 . PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF FUTURE PHASES, PAVING, GRADING, AND DRAINAGE PLANS SHALL BE SUBMITTED TO THE DISTRICT FOR REVIEW AND APPROVAL. 12. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF FUTURE PHASES, VERIFICATION THAT ON-SITE WATER AND WASTEWATER FACILITIES WILL BE AVAILABLE FOR THE PROPOSED PHASE SHALL BE SUBMITTED TO THE DISTRICT. PERMIT NO. 11 -00418-S SHEET 4 OF 6 i . SPECIAL CONDITIONS FOR SUB-BASINS 2, 4, & 6 13. DISCHARGE FACILITIES: SUB-BASIN 2: 1-9.0' WIDE WEIR WITH AN INVERT AT ELEVATION 13.0' NGVD. SUB-BASIN 4: THE PERMITTEE SHALL NOT PERFORM AGRICULTURAL OPERATIONS IN THIS BASIN UNTIL SUCH TIME AS THE PERMIT IS-MODIFIED TO INCORPORATE AN AGRICULTURAL WATER MANAGEMENT SYSTEM. THIS STRUCTURE WILL BE DESIGNED AT SUCH TIME. SUB-BASIN 6: 1-1.6' WIDE BY 1.0' HIGH RECTANGULAR NOTCH WITH AN INVERT AT ELEVATION 16.5' NGVD. RECEIVING WATER: GOLDEN GATE CANAL SYSTEM. CONTROL ELEVATION: 13.0' NGVD. 14. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY INTO SURFACE WATERS OR GROUND WATERS OF THE STATE SHALL BE SUBMITTED TO THE DISTRICT AS REQUIRED OR THE PERMITTEE SHALL PARTICIPATE IN A DISTRICT APPROVED REGIONAL WATER QUALITY STUDY AS REQUIRED. PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 17-3. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO WATERS OF THE STATE. 15. SPECIAL CONDITIONS OF RULE 40E-4.381 (SURFACE WATER._MANAGEMENT) ARE WAIVED UNLESS OTHERWISE PROVIDED HEREIN. 16. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. 17. LAND USE SERVED BY THE PERMITTED FACILITIES IS AGRICULTURAL. PROPOSED CONSTRUCTION OF RESIDENCES MAY REQUIRE MODIFICATION OF THIS PERMIT AND MUST BE REPORTED TO THE DISTRICT. 18. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 19. THE PERMITTEE SHALL PROSECUTE THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATER. PERMIT NO. 11-00418-S SHEET 5 OF 6 20. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 21. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. IT IS ALSO THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE-WATER RESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 22. UPON COMPLETION OF CONSTRUCTION, AND ON AN ANNUAL BASIS (IN MARCH OF EACH YEAR) THE PERMITTEE SHALL SUBMIT REPORTS TO THIS DISTRICT FOR STRUCTURAL ADEQUACY OF ALL ABOVE GROUND DIKES, LEVEES AND BERMS BEHIND WHICH WATER IS TO BE CONTAINED AND WHERE FAILURE COULD IMPACT OFF-SITE AREAS. SUCH REPORTS SHALL INCLUDE PROPOSAL OF TECHNIQUE AND SCHEDULE FOR REPAIR OF ANY DEFICIENCIES NOTED, AND SHALL BE SIGNED AND SEALED BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. 23. MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER. 24. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 25. OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF ORANGETREE ASSOCIATES. 26. PRIOR TO DEWATERING, PLANS SHALL BE SUBMITTED TO THE DISTRICTFOR APPROVAL. INFORMATION SHALL INCLUDE AS A MINIMUM: PUMP SIZES, LOCATIONS AND HOURS OF OPERATION FOR EACH PUMP. IF OFF-SITE DISCHARGE IS PROPOSED, OR OFF-SITE ADVERSE IMPACTS ARE EVIDENT, AN INDIVIDUAL WATER USE PERMIT MAY BE REQUIRED. THE PERMITTEE IS CAUTIONED THAT SEVERAL MONTHS MAY BE REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. 27. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT SHALL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. PERMIT NO. 11-00418-S • SHEET 6 OF 6 LIMITING CONDITIONS 1. THE PERMITTEE SHALL PROSECUTE THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES,TO REDUCE EROSION, TURBIDITY,NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. • 2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY OR INTO SURFACE WATERS OF THE STATE SHALL BE SUBMITTED TO THE DISTRICT AS REQUIRED.PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN.CHAPTER 17-3. IF WATER QUALITY-DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA AS REQUIRED,ON VOLUMES OF WATER DISCHARGED,INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE. 3. THE PERMITTEE SHALL COMPLY WITH ALL APPLICABLE LOCAL SUBDIVISION REGULATIONS AND OTHER LOCAL REQUIREMENTS. IN ADDITION THE PERMITTEE SHALL OBTAIN ALL NECESSARY FEDERAL, STATE, LOCAL AND SPECIAL DISTRICT AUTHORIZATIONS PRIOR TO THE START OF ANY CONSTRUCTION OR ALTERATION OF WORKS AUTHORIZED BY THIS PERMIT. 4. THE OPERATION PHASE OF THIS PERMIT SHALL NOT BECOME EFFECTIVE UNTIL A FLORIDA REGISTERED PROFESSIONAL ENGINEER CERTIFIES THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE DESIGN APPROVED BY THE DISTRICT. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM,THE PERMITTEE SHALL SUBMIT THE CERTIFICATION AND NOTIFY THE DISTRICT THAT THE FACILITIES ARE READY FOR INSPECTION AND APPROVAL. UPON APPROVAL OF THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM,THE PERMITTEE SHALL REQUESTTRANSFER OF THE PERMIT TO THE RESPONSIBLE ENTITY APPROVED BY THE DISTRICT. 5. ALL ROADS SHALL BE SET AT OR ABOVE ELEVATIONS REQUIRED BY THE APPLICABLE LOCAL GOVERNMENT FLOOD CRITERIA. • • 6. ALL BUILDING FLOORS SHALL BE SET AT OR ABOVE ELEVATIONS ACCEPTABLE TO•THE APPLICABLE LOCAL GOVERNMENT. 7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT SHALL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT.NO ROADWAY OR BUILDING.CONSTRUCT.JON SHALL COMMENCE ON-SITE UNTIL COMPLETION OF THE PERMITTED DISCHARGE STRUCTURE AND DETENTION AREAS.WATER DISCHARGED FROM THE PROJECT SHALL BE THROUGH STRUCTURES HAVING A MECHANISM SUITABLE FOR REGULATING UPSTREAM WATER STAGES.STAGES MAY BE SUBJECT TO OPERATING SCHEDULES SATISFACTORY TO THE DISTRICT. 8. NO CONSTRUCTION AUTHORIZED HEREIN SHALL COMMENCE UNTIL A RESPONSIBLE ENTITY ACCEPTABLE TO THE DISTRICT HAS BEEN ESTABLISHED AND HAS AGREED TO OPERATE AND MAINTAIN THE SYSTEM.THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN.UPON RECEIPT OF WRITTEN EVIDENCE OF THE SATISFACTION OF THIS CONDITION,THE DISTRICT WILL ISSUE AN AUTHORIZATION TO COMMENCE CONSTRUCTION. 9. THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4,FAC. 10. THE PERMITTEE SHALL HOLD ANC SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION,OPERATION,MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 11. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE OFF-SITE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. IT IS ALSO THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE WATER.PESOURCE RELATED IMPACTS DO NOT OCCUR DURING CONSTRUCTION. 12. PRIOR TO DEWATERING, PLANS SHALL BE SUBMITTED TO THE DISTRICT FOR APPROVAL. INFORMATION SHALL INCLUDE AS A MINIMUM: PUMP SIZES, LOCATIONS AND HOURS OF OPERATION FOR EACH PUMP. IF OFF-SITE DISCHARGE IS PROPOSED;OR OFF-SITE ADVERSE IMPACTS ARE EVIDENT,AN INDIVIDUAL WATER USE PERMIT MAY BE REQUIRED.THE PERMITTEE IS CAUTIONED THAT SEVERAL MONTHS MAY BE REQUIRED FOR CONSIDERATION OF THE WATER USE PERMIT APPLICATION. (Th South Florida Water Management District 3301 Gun Club Road,West Palm Beach,Florida 33406•(407)686-8800•FL WATS 1-800-432-2045 • May 28 , 1996 • - Orangetree Assoc. 2901 Stirling Road Fort Lauderdale, FL 33312 Dear Sir or Madam: Subject: Application No. 941104-12, Valencia at Orangetree (Sub-Basin-4) , Collier County, S---/T48S/R27,28E Enclosed is a copy of this District's staff report covering the request for permit application referenced therein. It is requested that you read this staff report thoroughly and understand its contents. The recommendations as stated in the staff report will be presented to our Governing Board for consideration on June 13, 1996. Should you wish to object to the staff recommendation or file a petition, please provide written objections, petitions and/or waivers (refer to the attached "Notice of Rights") to: Vern Kaiser, Deputy Clerk South Florida Water Management District Office Box 24680 West Palm Beach, Florida 33416-4680 (The "Notice of Rights" addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action.) You are advised, however, to be prepared to defend your position regarding the permit application when it is considered by the Governing Board for final agency action, even if you agree with the staff recommendation, as the Governing Board may take final agency action which differs . materially from the proposed agency action. Please contact the District if you have any questions concerning this matter. If we do not hear from you prior to the date on the "Notice of Rights" , we will assume you concur with our recommendations. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the addressee and the persons listed in the attached distribution list not later than 5:00 p.m. this 28th day of May 1996 in accordance with Section 120.60 (3) , Florida Statutes. Sincerely,, enneth G. Ammon, P.E. Deputy Director Regulation Department CERTIFIED MAIL #P 283 393 129 RETURN RECEIPT REQUESTED Governing Board: Valerie Bovd,Chairman William Hammond Eugene K. Pettis Samuel E. Poole III,Executive Director Frank Williamson,Jr.,Vice Chairman Betsy Krant Nathaniel P. Reed Michael Slayton,Deputy Executive Director William E.Graham Richard A.Machek Miriam Singer Mailine Address:P.O.Box 24680,West Palm Beach,FL 33416-4680 4 "4; '' iV,_ South Florida 'ter Management District •' Notice Of Rights i„,„,„0. Rev 7,9! NOTICE OF RIGHTS Enclosed is a copy of the Staff Review Summary regarding the subject permit application, which . is this agency's Notice of Proposed Agency Action. PETITION FOR FORMAL ADMINISTRATIVE PROCEEDINGS Any person whose substantial interests are or may be affected by the action which is proposed in the enclosed Notice of Proposed Agency Action/Staff Review Summary, may petition for an administrative hearing in accordance with the requirements of Rule 40E-1.521, Florida Administrative Code, and be filed with (received by) the District Clerk, 3301 Gun Club Road, West Palm Beach, Florida 33406. Petitions for administrative hearing on the above application must be filed within fourteen (14) days of actual receipt of this Notice of Proposed Agency Action. Failure to file a petition within this time period shall constitute a waiver of any rights such person may have to request an administrative determination (hearing) under section 120.57, Florida Statutes, concerning the subject permit application. Petitions which are not filed in accordance with the above provisions are subject to dismissal. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION A party to the proceeding below may seek review of a Final Order rendered on the permit application before the Land and Water Adjudicatory Commission. Review under section 373.114, Florida Statutes, is initiated by filing a request for review with the Land and Adjudicatory Commission and serving a copy on the Department of Environmental Protection and any person named in the Order within applicable statutory timeframes. This review is appellate in nature and limited to the record below. DISTRICT COURT OF APPEAL A party who is adversely affected by final agency action on the permit application is entitled to judicial review in the District Court of Appeal pursuant to section 120.68, Florida Statutes, as provided therein Review under section 120.68, Florida Statutes, is initiated by filing a Notice of Appeal in the appropriate District Court of Appeal in accordance with Florida Rule of Appellate Procedure 9.110. CIRCUIT COURT Section 373.617(2), Florida Statutes, provides: Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court in the judicial circuit in which the affected property is located; however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state's police power constituting a taking with just compensation. Review of final agency action for the purpose of determining whether the action is in accordance with existing statutes or rules and based on competent substantial evidence shall proceed in accordance with Chapter 120 • • Form 0300/side 2 lev.7i93 40E-1 .521 Initiation of Formal Proceedings (1) Initiation of formal proceedings shall be made by filing a petition with the District Clerk within the applicable timeframes set forth in this chapter. The term petition includes any application or other document which expresses a request for formal proceedings (2) All petitions filed under these rules shall contain: (a) The name and address of the District and the District's file or identification number, if known, (b) The name and address of the petitioner or petitioners; (c) An explanation of how each petitioner's substantial interests will be affected by the District's determination; (d) A statement of when and how petitioner received notice of agency action or notice of proposed agency action, (e) A statement of all disputed issues of material fact If there are none,the petition must so indicate; (f) A concise statement of the ultimate facts which petitioner believes entitle petitioner to the relief sought as well as the rules and statutes which support petitioner's claim for relief; (g) A demand for the relief to which the petitioner deems himself entitled; and (h) Other information which the petitioner contends is material (3) Upon receipt of a petition for formal proceedings, the Office of Counsel shall review the petition for compliance with subsection (2) The Board shall accept those petitions in substantial compliance therewith, which have been timely filed, which establish that the petitioner is a substantially affected party, and which state a dispute which is within the jurisdiction of the District to resolve. If accepted,the Board shall designate the presiding officer of the administrative hearing The District shall promptly give written notice to all parties of the action taken on the petition,and shall state with particularity its reasons therefor. (7) If the Board designates a Hearing Officer assigned by the Division of Administrative Hearings as the presiding officer, the District Clerk shall forward the petition and all relevant materials filed with the District to the Division of Administrative Hearings, and shall notify all parties of its action Specific Authority 373.044, 373.113 F.S . Law Implemented 120.53(1), 120 57 F S History --- New 9.3-81, Amended 5.11.93 Formerly 16K-1.09(1), 16K•1 112(1) through(3), 16K-1 12 . . DRAFT Subject to Governing LAST DATE FOR GOVERNING BOARD ACTION: JUNE 13, 1996 Board Approval SURFACE WATER:MANAGEMENT STAFF REVIEW SUMMARY I. ADMINISTRATIVE APPLICATION NUMBER: 941104-12 PERMIT NUMBER: 11-00418-S PROJECT NAME: VALENCIA AT ORANGETREE (SUB-BASIN-4) LOCATION: COLLIER COUNTY, S11-15,22-25,27/T48S/R27E S19,30/T48S/R28E APPLICANT'S NAME: ORANGETREE ASSOCIATES OWNERS NAME AND ADDRESS: ORANGETREE ASSOCIATES 2901 STIRLING ROAD FORT LAUDERDALE, FL 33312 ENGINEER: Q. GRADY MINOR & ASSOCIATES II. PROJECT DESCRIPTION PROJECT AREA: 716.70 acres DRAINAGE AREA: 716.70 acres DISTRICT DRAINAGE BASIN: GOLDEN GATE CANAL RECEIVING BODY: GOLDEN GATE CANAL CLASSIFICATION: CLASS III SPECIAL DRAINAGE DISTRICT: BIG CYPRESS BASIN PURPOSE: The application is a request for modification to authorize Construction and Operation of (1) a surface water management system to serve 438.45 acres of the 716.7 acre RESIDENTIAL DEVELOPMENT and (2) a perimeter berm and control structure to serve the remaining 278.25 acres of Conceptually Approved lands in SUB-BASIN-4 of ORANGETREE. ORANGETREE is a 2,793.83 acre MULTI-USE development discharging to the GOLDEN GATE CANAL. Staff recommends approval with conditions. 1 BACKGROUND: • Orangetree is a 2,793.83 acre multi-use development which was granted Conceptual Approval , Permit No. 90020-S, on November 13, 1986. The development was issued Permit No. 11-00418-S on September 10, 1987, for the Construction and Operation of a surface water management system serving Phase - I of Orangetree. The multi-basin water management system is being constructed in phases. A series of modifications to the Conceptual Plan has authorized Construction and Operation within SUB-BASINS-1,2,3 & 4. Orangetree was issued permit modifications authorizing the excavation of detention areas 4-1 and 4-2 (9.75 acres and 43.5 acres) . Both detention areas are located within SUB-BASIN-4. EXISTING FACILITIES: The Orangetree development is located in north Collier County, bounded by an unnamed canal to the north, Randall Boulevard to the south, Golden Gate Canal to the east and Immokalee Road to the west. The Orangetree master water management system consists of six stormwater management basins. SUB-BASINS-4 & 5 are located in the south portion of the multi-use development and contain cleared farm areas and undeveloped lands. Runoff sheetflows south to the Randall Boulevard roadside swale which outfalls south into the Golden Gate Canal . PROPOSED FACILITIES: This proposed modification will eliminate the conceptually approved SUB-BASIN- 5 water management system and incorporate all conceptually approved SUB-BASIN- 5 lands into SUB-BASIN-4. The applicant proposes construction of Phase-I of Valencia at Orangetree, a 438.45 acre residential development within the 716.7 acre SUB-BASIN-4 water management system. Phase-I includes the construction of buildings, access and internal roadways, recreation areas, a golf course and the single SUB-BASIN-4 water management system. The SUB-BASIN-4 water management system includes swales, catch basins, culverts, a series of (14) hydraulically connected detention areas and two control structures. The detention areas function as a cascading system, staging stormwater from 15.0' NGVD in the north to 13.0' NGVD at the discharge locations. Stormwater is staged internally via a series of catch basins. Control catch basins CB-1 & CB-2, located within detention area 4-9 & 4-8 are to be constructed with fixed grate elevations at 15.0' NGVD. Control catch basins CB-3 & CB-4 , located within detention area 4-6 and Wetland-2 are to be constructed with grate elevations at 14.0' NGVD. Each of the control catch 2 basins (CB 1-4) contain a single 1.0' diameter flap-gate with an invert elevation set at 12.0' NGVD. The control catch basins function as "bubblers" which allow stormwater to flow into the wetlands at the 13.0' NGVD control elevation but does not allow runoff to drain below the fixed grate elevations. The flood routings provided assume the wetlands are controlled by the fixed grates. Runoff from SUB-BASIN-4 outfalls to the Golden Gate Canal via two control structures. Control structure-4 is located within the previously permitted and excavated detention area 4-2 adjacent to the southern property boundary. The structure outfalls south to existing culverts located under Randall Boulevard. The applicant proposes to install 104 if of 3.5' diameter outfall culvert. The culvert will tie into the easterly (of the three existing culverts) 3.5' diameter culvert which conveys runoff under Randall Boulevard to the Golden Gate Canal . Control structure-5 will be constructed within the existing onsite drainage canal located in the easterly sector of SUB-BASIN-4. The structure will convey runoff east to the Golden Gate Canal . The SUB-BASIN-4 surface water management system is designed to receive and convey offsite inflows from both SUB-BASIN-3 and SUB-BASIN-6. SUB-BASIN-3 is served by the previously permitted and constructed SUB-BASIN-3 master water management system which serves the residential development. The sub-basin outfalls southeast into detention area 4-2 via a single control structure. SUB-BASIN-6 contains an existing citrus operation and is served by a single basin water management system. The sub-basin outfalls southwest into detention area 4-14 via 80 if of 2' diameter culvert. At this time, the applicant proposes only the construction of a perimeter berm and installation of control structure-5 within the easterly portion of SUB- BASIN-4. This area, 278.25 acres, will remain undeveloped pending future development. Stormwater routings were provided which indicate the the Phase-I development meets all District criteria pending the final build-out of SUB- BASIN-4. The proposal is consistent with the previously approved conceptual plan and all future construction within the undeveloped lands of SUB-BASIN-4 will require modification to this permit. BASIN INFORMATION: WSWT Normal/Dry Area Elev Ctrl Elev Method of Basin Acres (ft, NGVD) (ft, NGVD) Determination SUB-BASIN-4 716.70 13.00 13/13 WETLAND ELEVATIONS 3 • Major Discharge Structures: Str. Crest Elev. Basin # . Description (ft, NGVD) SUB-BASIN-4 1 6' wide X 1.1' high RECTANGULAR ORIFICE 13.00 weir SUB-BASIN-4 2 3.25' wide X 1', high RECTANGULAR ORIFICE 13.00 weir Discharge Culverts: Str. Basin # Description SUB-BASIN-4 1 240' long, 3.5' dia. RCP SUB-BASIN-4 2 50' long, 2.5' dia. RCP Receiving Body: Str. Receiving Basin # Body SUB-BASIN-4 1 GOLDEN GATE CANAL VIA EXISTING CANAL SUB-BASIN-4 2 GOLDEN GATE CANAL III. PROJECT EVALUATION Discharge Rate: SUB-BASIN-4 receives and conveys approximately 34.4 cfs of offsite inflows from SUB-BASINS-3 & 6. Mass routings for the combined system (SUB-BASINS-3,4 & 6) outfall indicate a maximum discharge rate of 66.7 cfs for the two control structures within SUB-BASIN-4. As shown in the table below, the proposed discharge rate is within the previously permitted rate of 0.05 cfs/acre for the project. Design Storm Frequency: 25 YR 3 DAY Design Rainfall : 10.87 inches Allow Design Design Disch Method of Disch Stage Basin (cfs) Determination (cfs) (ft, NGVD) SUB-BASIN-4 67 PREVIOUSLY PERMITTED 66.7 15.6 4 WATER QUALITY: Water quality, 1" over the site, is provided in the SUB-BASIN-4 master water management system. Adverse impacts are not expected. Vol Vol Treatment Req'd. Prov'd Basin Method (ac-ft) (ac-ft) SUB-BASIN-4 129.5 acres WET DETENTION 59.70 60.00 ROAD DESIGN: As shown in the following table, minimum road center lines have been set at or above the calculated design storm flood elevation. Design Storm Freq: 25 YR 3 DAY Design Rainfall : 10.87 inches Flood Elevation Minimum Centerline Basin (ft. , NGVD) Elevation (ft, NGVD) SUB-BASIN-4 15.6 15.6 FINISHED FLOORS: As shown in the following table, minimum finished floor elevations have been set at or above the calculated design storm flood elevation. Design Storm Frequency: 100 YR 3 DAY Design Rainfall : 14.54 inches Minimum Flood Elevation FEMA Elevation Design Elev Basin (ft, NGVD) (ft, NGVD) (ft, NGVD) SUB-BASIN-4 16.7 n/a 16.71 IV. ENVIRONMENTAL ASSESSMENT PROJECT SITE DESCRIPTION: Approximately half the site consists of improved pasture and half the site consists of pine flatwoods with 15 freshwater isolated wetlands located within the pine flatwoods. The isolated wetlands consist of eight cypress domes and seven cypress-pine wetlands. Seven of the isolated wetlands are less than 0.5 acres in size. The wetlands listed in poor condition have reduced wetland hydroperiods and as a result are heavily invaded by caeser weed, Brazilian pepper and melaleuca. 5 ne The other surface water is a canal which is part of a network of canals constructed on the site some time ago. The canal does not connect to the Golden Gate Canal that runs along the eastern edge of the project. EXISTING ON SITE WETLAND COMMUNITIES AND OTHER SURFACE WATERS: ID TOTAL BIOLOGICAL COMMUNITY COMMUNITY NO ACREAGE CONDITION TYPE ACREAGE 08 4.94 N/A STREAMS AND WATERWAYS 4.94 01 9.59 GOOD/FAIR CYPRESS - PINE - CABBAGE PALM 3.019.59 02 3.01 GOOD/FAIR CYPRESS .68 03 .68 POOR CYPRESS .70 04 .70 POOR CYPRESS 1.70 05 1 .69 GOOD/FAIR CYPRESS 9 06 1 .22 GOOD/FAIR CYPRESS 1 .22 07 2.17 GOOD/FAIR CYPRESS 09 .17 POOR CYPRESS - PINE - CABBAGE PALM .17 10 .45 POOR CYPRESS - PINE - CABBAGE PALM .45 11 .37 POOR CYPRESS - PINE - CABBAGE PALM .37 12 .36 POOR CYPRESS - PINE - CABBAGE PALM .36 13 .37 POOR CYPRESS - PINE - CABBAGE PALM .37 14 .31 POOR CYPRESS - PINE - CABBAGE PALM 31 .19 15 .19 POOR CYPRESS 1 29 16 1 .22 POOR CYPRESS TOTAL ON SITE WETLAND/SURFACE WATER ACREAGE: 27.44 EXISTING ON SITE UPLAND COMMUNITIES: ID TOTAL BIOLOGICAL COMMUNITY COMMUNITY NO ACREAGE CONDITION TYPE ACREAGE 01 323.97 GOOD/FAIR PINE FLATWOODS 323.97 02 32.35 N/A IMPROVED PASTURES 32.35 03 14.83 N/A IMPROVED PASTURES 14.83 04 318.11 N/A IMPROVED PASTURES 318.11 TOTAL ON SITE UPLAND ACREAGE: 689.26 ENDANGERED, THREATENED & SPECIES OF SPECIAL CONCERN SUMMARY: The project site does not contain preferred habitat for endangered, threatened, or species of special concern. No endangered/threatened or species of special concern were observed on site, and submitted information indicates that endangered/threatened or species of special concern use of the site is not an issue. This permit does not relieve the applicant from complying with all applicable rules and any other agencies' requirements if in the future, endangered/threatened or species of special concern are discovered 6 11 JJ •..1 on the site. WETLAND PRESERVATION AND IMPACT SUMMARY: For the entire sub-basin 4 (which was originally sub-basins 4 and 5) , the ; applicant proposes to preserve 19.06 acres of wetlands (Wetlands 1-7) , impact '4.94 acres of other surface waters (Id. No. 8) , and impact 3.44 acres of wetlands (Wetlands 9-16) . Seven of the eight isolated wetlands proposed to be impacted are less than 0.5 acres in size (Wetlands 9-15) . These seven wetlands and the one wetland over 0.5 acres proposed to be impacted (Wetland 16) are all in poor condition and are marginally functional due to a reduced wetland hydroperiod as evidenced by heavy infestations of Brazilian pepper, melaleuca and ceaser weed. The canal (Id. No. 8) will be filled. Wetlands 1 and 2 will be preserved and incorporated into the surface water management system. Wetland 1 is connected to two lakes through rip-rap swales. The two lakes (Lakes 4-8 and 4-9) are controlled at 15.0' NGVD. Wetland 2 receives surface water from Lakes 4-6 and 4-7, and from surrounding golf course and residential lots through grass swales. Surface water from grass swales will sheet flow through the upland compensation and upland buffer areas prior to entering Wetland 2. A catch basin in Lake 4-6 and a catch basin at the western edge of Wetland 2's upland buffer will provide an adequate outfall for Wetland 2 so the wetland does not become overinundated. Review of the proposed control elevations and flood routings for Wetlands 1 and 2 indicate adequate water levels will be maintained to preserve these wetlands. The water level in Wetland 1 will bleed down to control elevation within 4 days after a peak water elevation of 15.4 ft following a 3 year-1 day storm event. The water level in Wetland 2 will bleed down to control elevation within 3 days after a peak water elevation of 14.3 ft following a 3 year-1 day strom event. Stormwater runoff will receive water quality treatment in either lakes, or grass swales and upland compensation/upland buffer areas prior to the runoff entering preserved wetlands. Preserved 25 ft upland buffers will be provided around all preserved wetlands (Wetlands 1-7) which will preserve 7.87 acres of pine/palmetto uplands. Long term protection of all of the preserved wetlands (Wetlands 1-7) will be provided through a conservation easement. Wetlands 3-7 are shown as preserved with 25 ft upland buffers within sub-basin 4. However, details of how these wetlands will be incorporated into the surface water management system and the means for water quality treatment for suface water directed to these wetlands has not been provided. Details on how these wetlands will be incorporated into the water management system in order to maintain the adequate wetland hydroperiods for these wetlands and to provide adequate water quality treatment of surface water directed to these wetlands will need to be submitted on future requests for construction approval . 7 WETLAND PRESERVATION: ID COMMUNITY PRESERVATION NO TYPE ACREAGE 01 CYPRESS - PINE - CABBAGE PALM 3.019.59 02 CYPRESS .68 03 CYPRESS .70 04 CYPRESS 1.69 05 CYPRESS 1.22 06 CYPRESS 2.17 07 CYPRESS TOTAL ON SITE PRESERVATION ACREAGE: 19.06 WETLAND IMPACTS: ID COMMUNITY IMPACT IMPACT BIOLOGICAL NO TYPE ACREAGE TYPE CONDITION ACREAGE 09 CYPRESS - PINE - .17 CLEARING AND POOR .17 CABBAGE PALM FILLING 10 CYPRESS - PINE - .45 CLEARING AND POOR .45 CABBAGE PALM FILLING 11 CYPRESS - PINE - .37 CLEARING AND POOR .37 CABBAGE PALM FILLING 12 CYPRESS - PINE - .36 CLEARINGIEINAND POOR .36 CABBAGE PALM 13 CYPRESS - PINE - .37 CLEARING AND POOR .37 CABBAGE PALM FILLING 14 CYPRESS - PINE - .31 CLEARING AND POOR .31 CABBAGE PALM FILLING 15 CYPRESS . 19 CLEARING AND POOR .19 FILLING 16 CYPRESS 1.22 CIEARNNG AND POOR .1.22 FI TOTAL IMPACT ACREAGE: 3.44 MITIGATION/MONITORING: Seven of the wetlands proposed for impacts are less than 0.5 acres in size, are not utilized by listed species and would not result in cumulative impacts if impacted. Therefore, of the 3.44 acres of proposed impacts, only 1.22 acres will need to be offset by mitigation. In order to offset the proposed 1.22 acres of impact to Wetland 16, the applicant proposes to enhance and preserve 9.17 acres of uplands adjacent to the proposed preserved upland buffers/wetlands. A total of 17.04 acres of uplands (9.17 acres of upland compensation and 7.87 acres of upland buffers) will be preserved adjacent to preserved wetlands. Exotic vegetation will be 8 controlled over the wetland preserve areas, upland compensation areas and buffer areas using appropriate herbicides. After exotic vegetation removal , open spaces within the upland compensation area will be planted with slash pines at 25 ft centers. Maintenance shall be done on a regular basis to maintain the preserve areas free of exotic vegetation and to limit nuisance species to no more than 10% of the total vegetative cover. Monitoring reports will be prepared on an annual basis and submitted to the SFWMD staff for 5 years. The monitoring reports will consist of panoramic photographs taken along the transect line at appropriate stations, water level reports taken from staff gauges on bi-weekly basis within Wetlands 1, 2 and 6, revegetation survival percentages, discussions of restoration effort and wildlife observations. Detailed mitigation, monitoring and maintenance data and plans are included as Exhibit(s) 2 and 12-15. PROPOSED ON SITE MITIGATION: TOTAL ID MITIGATION ACREAGE COMMUNITY COMMUNITY NO TYPE MIT. TYPE ACREAGE UPLAND MIT 1 UPLAND COMP .98 PINE FLATWOODS .98 UPLAND MIT 2 UPLAND COMP 3.03 PINE FLATWOODS 3.03 UPLAND MIT 3 UPLAND COMP .98 PINE FLATWOODS .98 UPLAND MIT 4 UPLAND COMP 4. 18 PINE FLATWOODS 4.18 TOTAL ON SITE MITIGATION ACREAGE: 9.17 9 (Th ..M. .11 I WETLAND INVENTORY NOTE: Inventory does not include 4.94 acres of other surface waters (canal) or the impacts to the 4.94 acre canal . WETLAND INVENTORY - MOD PHASE - VALENCIA AT ORANGETREE (SUB-BASIN 4) ONSITE Cypress Marsh Trans. Mix Forest Totals Total Wet. AC 22.5 0 0 0 22.5 Wet. Preserved 19.06 0 0 0 19.06 Wet. Impacted 3.44 0 0 0 3.44 Wet. Disturbed 0 0 0 0 0 Wet. Improved 0 0 0 0 0 Wet. Created 0 0 0 0 0 Uplands Other Compensation 9.17 SYSTEM OPERATION: Orangetree Homeowners Association PROPOSED LAND USE(S) : Residential Commercial Mining WATER USE PERMIT STATUS: A Water Use permit is not required for this project at this time. 10 POTABLE WATER SUPPLIER: Orangetree Utility Company WASTE WATER SYSTEM/SUPPLIER: Orangetree Utility Company DRI STATUS: This project is not a DRI. SAVE OUR RIVERS: The project is not within or adjacent to lands under consideration by the Save Our Rivers program. SWIM BASIN: The project is not within nor does it discharge directly to a designated SWIM basin. RIGHT-OF-WAY PERMIT STATUS: A Right-of-Way Permit is not required for this project. ENFORCEMENT ACTIVITY: There has been no enforcement activity associated with this application. THIRD PARTY INTEREST: No third party has contacted the District with concerns about this application. WELL FIELD ZONE OF INFLUENCE: The project is not located within the zone of influence of a wellfield. 11 PRIMARY ISSUES RESOLVED: Mitigation, monitoring and maintenance. V. APPLICABLE LAND AREA THIS PHASE includes all land area served by the SUB-BASIN-4 water management system. At this time the applicant proposes 438.45 acres of residential development, Valencia at Orangetree (Phase-I) within SUB-BASIN-4. All other lands within SUB-BASIN-4 will remain undeveloped, at this time, pending future construction. All PRESERVE area is located within PERVIOUS area indicated. PROJECT TOTAL PREVIOUSLY PROJECT PERMITTED THIS PHASE TOTAL ACRES 716.70 53.25 716.70 acres WTRM ACREAGE 99.50 53.25 46.25 acres PAVEMENT 58.30 .00 58.30 acres BUILD COVERAGE 43.10 .00 43.10 acres PRESERVED 36.10 .00 36.10 acres PERVIOUS 515.80 .00 515.80 acres 12 VI. STAFF RECOMMENDATION The Staff recommends that the following be issued: Modification to authorize Construction and Operation of (1) a surface water management system to serve 438.45 acres of the 716.7 acre RESIDENTIAL DEVELOPMENT and (2) a perimeter berm and control structure to serve the remaining 278.25 acres of Conceptually Approved lands in SUB- BASIN-4 of ORANGETREE. ORANGETREE is a 2,793.83 acre MULTI-USE development discharging to the GOLDEN GATE CANAL. Based on the information provided, District rules have been adhered to. Staff recommendation is for approval subject to the attached Standard Limiting and Special Conditions. DRAFT VII. STAFF REVIEW Subject to Governing AREA MANAGER Board Approval DATE: — 2_,C j,C Benjamin C. Pratt, P.E. NATURAL RESOURCE MANAGEMENT DIVISION APPROVAL APPLICATION REVIEWER SUPERVISI G PROFE tI0 AL ? - r•---- eborah B. ar lla Ka en M. Johns• DIVISIONDIRECTO ,IRECTOR� DATE: .03A f�.' Robert G. Robbins SURFACE WATER MANAGEMENT DIVISION APPROVAL APPLICATION REVIEWER SUPERVISING PROFESSIONAL x; Donald L. B.rselou Miller Clayt R. , DI SIS /-HECTOR: DATE: An •fl . Wati ouse, P.E. 13 rTh LIMITING CONDITIONS 1. THE PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO MINIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL ENVIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE EROSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING WATERS. 2. WATER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERTY OR INTO SURFACE WATERS OF THE STATE WILL BE SUBMITTED TO THE DISTRICT AS REQUIRED BY SECTION 5.9, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994." PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 62-302, F.A.C. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE DATA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPERTY OR INTO SURFACE WATERS OF THE STATE. 3. THIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN NECESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS. 4. THE OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE DISTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMIT TO THE RESPONSIBLE OPERATIONAL ENTITY ACCEPTED BY THE DISTRICT, IF DIFFERENT FROM THE PERMITTEE. THE TRANSFER REQUEST CAN BE SUBMITTED CONCURRENTLY WITH THE CONSTRUCTION COMPLETION CERTIFICATION. 5. ALL ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994." 6. ALL BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH IN SECTION 6.4, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994." 7. OFF-SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONLY THROUGH THE FACILITIES AUTHORIZED BY THIS PERMIT. 8. A PERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIBLE ENTITY MEETING THE REQUIREMENT IN SECTION 9.0, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, 1994, " HAS BEEN ESTABLISHED TO OPERATE AND MAINTAIN THE SYSTEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL INTEREST SO THAT IT HAS CONTROL OVER ALL 14 fl fl WATER MANAGEMENT FACILITIES AUTHORIZED HEREIN. 9. THE PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY RIGHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER 40E-4, FAC. 10. THE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY THE PERMIT. 11. THIS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS CAUSED BY THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT WILL REQUIRE THE PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT OR OTHER IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE TO MODIFY THE SURFACE WATER MANAGEMENT SYSTEM, IF NECESSARY, TO ELIMINATE THE CAUSE OF THE ADVERSE IMPACTS. 12. WITHIN 30 DAYS OF ISSUANCE OF THIS PERMIT, THE PERMITTEE OR AUTHORIZED AGENT SHALL NOTIFY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE OR EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE EXPECTED COMPLETION DATE. 13. WHEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR AUTHORIZED AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS (VIA THE SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE YEAR AFTER THE INITIAL COMMENCEMENT OF CONSTRUCTION. 14. WITHIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER MANAGEMENT SYSTEM, THE PERMITTEE OR AUTHORIZED AGENT SHALL FILE A WRITTEN STATEMENT OF COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF CONSTRUCTION COMPLETION AND MUST CERTIFY THAT ALL FACILITIES HAVE BEEN CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS APPROVED BY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMPLETION/ CONSTRUCTION CERTIFICATION OR EQUIVALENT) . THE CONSTRUCTION COMPLETION CERTIFICATION MUST INCLUDE, AT A MINIMUM, EXISTING ELEVATIONS, LOCATIONS AND DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT FACILITIES. ADDITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE DISCOVERED DURING THE CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COPY OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED. 15. WITHIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHER TRANSFER OF ANY OF THE LAND WHICH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRITING VIA EITHER FORM 0483, REQUEST FOR PERMIT TRANSFER; OR FORM 0920, REQUEST FOR TRANSFER OF SURFACE WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE (TO BE COMPLETED AND SUBMITTED BY THE OPERATING ENTITY) , 15 IN ACCORDANCE WITH SECTIONS 40E-1.6105 AND 40E-4.351, F.A.C. 16. A PRORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS, TREATMINT, TMUSTRBEIPR VIDE EDEPRIORDTOLOCCUPANCYCOFIONANAY NDB UILDINGQORLITY TREATMENT, RESIDENCE. 17. A STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED ON OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE LOCTNENTHELATER ELEVATIONTHE REFERENCESUBMISSION MUSTOBETHE NOTEDRONFORATIOWITH N THE RT. THE LOCATION OF CERTIFICATION REPORT. 18. IT ISOURCERESPONSIBILITY RELATED IMPACTSTHE DOPERMITTEE OCCURODURINGINSURE CONSTRUCOFF-SITE TION. WATERR RESOURCE 19. THE PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION DEWATERING, UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO SUBSECTION 40E-20.302(4) , F.A.C. 16 rTh tr SPECIAL CONDITIONS 1. MINIMUM BUILDING FLOOR ELEVATION: 16.71 FEET NGVD. 2. MINIMUM ROAD CROWN ELEVATION: 15.6 FEET NGVD. 3. DISCHARGE FACILITIES: STRUCTURE NO. 1: 1-6' WIDE RECTANGULAR ORIFICE WEIR WITH CREST AT ELEV. 13' NGVD. 240 LF OF 3.5' DIA. RCP CULVERT. RECEIVING BODY : GOLDEN GATE CANAL VIA EXISTING CANAL CONTROL ELEV : 13 FEET NGVD. /13 FEET NGVD DRY SEASON. STRUCTURE NO. 2: 1-3.25' WIDE RECTANGULAR ORIFICE WEIR WITH CREST AT ELEV. 13' NGVD. 50 LF OF 2.5' DIA. RCP CULVERT. RECEIVING BODY : GOLDEN GATE CANAL CONTROL ELEV : 13 FEET NGVD. /13 FEET NGVD DRY SEASON. 4. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION, SHOALING OR WATER QUALITY PROBLEMS THAT--RESULT FROM-THE CONSTRUCTION OR OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM. 5. MEASURES SHALL BE TAKEN DURING NOTCONSTRUCTION CREATED INTTHEINSURE RECEIVING WATER. SEDIMENTATION AND/OR TURBIDITY PROBLEMS 6. THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES ARE SHOWN TO BE NECESSARY. 7. LAKE SIDE SLOPES SHALL BE NO STEEPER THAN 4:1 (HORIZONTAL:VERTICAL) TO A DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE NURTURED OR PLANTED FROM 2 FEET BELOW TO 1 FOOT ABOVE CONTROL ELEVATION TO INSURE VEGETATIVE GROWTH. 8. FACILITIES OTHER THAN THOSE STATED HEREIN SHALL NOT BE CONSTRUCTED WITHOUT AN APPROVED MODIFICATION OF THIS PERMIT. 9. UPON COMPLETION OF CONSTRUCTION, AND ON AN ANNUAL BASIS (MARCH OF EACH YEAR) THE PERMITTEE SHALL SUBMIT REPORTS TO THIS DISTRICT FOR STRUCTURAL ADEQUACY OF THE PERMITTED IMPOUNDMENT. SUCH REPORTS SHALL INCLUDE PROPOSAL OF TECHNIQUE AND SCHEDULE FOR REPAIR OF ANY DEFICIENCIES NOTED 17 AND SHALL BE SIGNED AND SEALED BY A FLORIDA REGISTERED PROFESSIONAL ENGINEER. 10. ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 11-00418-S REMAIN IN EFFECT UNLESS OTHERWISE REVISED AND SHALL APPLY TO THIS MODIFICATION. 11 . OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM SHALL BE THE RESPONSIBILITY OF ORANGETREE HOMEOWNERS ASSOCIATION. THE PERMITTEE SHALL SUBMIT A COPY OF THE RECORDED DEED RESTRICTIONS (OR DECLARATION OF CONDOMINIUM, IF APPLICABLE) , A COPY OF THE FILED ARTICLES OF INCORPORATION, AND A COPY OF THE CERTIFICATE OF INCORPORATION FOR THE HOMEOWNERS ASSOCIATION CONCURRENT WITH THE ENGINEERING CERTIFICATION OF CONSTRUCTION COMPLETION. 12. SILT SCREENS, HAY BALES OR OTHER SUCH SEDIMENT CONTROL MEASURES SHALL BE UTILIZED DURING CONSTRUCTION. THE SELECTED SEDIMENT CONTROL MEASURES SHALL BE INSTALLED LANDWARD OF THE UPLAND BUFFER ZONES AROUND ALL PROTECTED WETLANDS. ALL AREAS SHALL BE STABILIZED AND VEGETATED IMMEDIATELY AFTER CONSTRUCTION TO PREVENT EROSION INTO THE WETLANDS AND UPLAND BUFFER ZONES. 13. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, THE PERIMETER OF THE PROTECTED WETLANDS AND BUFFER ZONES SHALL BE STAKED AND ROPED TO PREVENT ENCROACHMENT INTO THE WETLANDS. THE PERMITTEE SHALL NOTIFY THE SFWMD'S ENVIRONMENTAL COMPLIANCE STAFF IN WRITING UPON COMPLETION OF ROPING AND STAKING AND SCHEDULE AN INSPECTION OF THIS WORK. THE ROPING AND STAKING SHALL BE SUBJECT TO SFWMD STAFF APPROVAL. THE PERMITTEE SHALL MODIFY THE STAKING AND ROPING IF SFWMD STAFF DETERMINES IT IS INSUFFICIENT OR IS NOT IN CONFORMANCE WITH THE INTENT OF THIS PERMIT. STAKING AND ROPING SHALL REMAIN IN PLACE UNTIL ALL ADJACENT CONSTRUCTION ACTIVITIES ARE COMPLETE. 14. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, THE PERIMETER OF THE PROTECTED UPLANDS AREAS SHALL BE STAKED AND ROPED, TO PREVENT ENCROACHMENT INTO THE UPLAND PRESERVATION AREAS. THE PERMITTEE SHALL NOTIFY THE SFWMD'S ENVIRONMENTAL COMPLIANCE STAFF IN WRITING UPON COMPLETION OF ROPING AND STAKING AND SCHEDULE AN INSPECTION OF THIS WORK. THE PERMITTEE SHALL MODIFY THE STAKING AND ROPING IF SFWMD STAFF DETERMINES IT IS INSUFFICIENT OR IS NOT IN CONFORMANCE WITH THE INTENT OF THIS PERMIT. STAKING AND ROPING SHALL REMAIN IN PLACE UNTIL ALL ADJACENT CONSTRUCTION ACTIVITIES ARE COMPLETE. 15. THE SFWMD RESERVES THE RIGHT TO REQUIRE REMEDIAL MEASURES TO BE TAKEN BY THE PERMITTEE IF WETLAND AND/OR UPLAND MONITORING OR OTHER INFORMATION DEMONSTRATES THAT ADVERSE IMPACTS TO PROTECTED, CONSERVED, INCORPORATED OR MITIGATED WETLANDS OR UPLANDS HAVE OCCURRED DUE TO PROJECT RELATED ACTIVITIES. 16. ANY FUTURE CHANGES IN LAND USE OR TREATMENT OF WETLANDS AND/OR UPLAND BUFFER/COMPENSATION AREAS MAY REQUIRE A SURFACE WATER MANAGEMENT PERMIT 18 MODIFICATION AND ADDITIONAL ENVIRONMENTAL REVIEW BY DISTRICT STAFF. PRIOR TO THE PERMITTEE INSTITUTING ANY FUTURE CHANGES NOT AUTHORIZED BY THIS PERMIT, THE PERMITTEE SHALL NOTIFY THE SFWMD OF SUCH INTENTIONS FOR A DETERMINATION OF ANY NECESSARY PERMIT MODIFICATIONS. 17. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE SUCCESSFUL COMPLETION OF THE MITIGATION WORK, INCLUDING THE MONITORING AND MAINTENANCE OF THE MITIGATION AREAS FOR THE DURATION OF THE PLAN. THE MITIGATION AREA(S) SHALL NOT BE TURNED OVER TO THE OPERATION ENTITY UNTIL THE MITIGATION WORK IS ACCOMPLISHED AS PERMITTED AND SFWMD STAFF HAS CONCURRED. 18. A WETLAND MITIGATION PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT(S) 2 AND 12-15. THE PERMITTEE SHALL PROTECT 9.17 ACRES OF UPLAND COMPENSATION AREA(S) . 19. THE WETLAND CONSERVATION AREAS AND UPLAND BUFFER ZONES AND/OR UPLAND PRESERVATION AREAS SHOWN ON EXHIBIT(S) 2 AND 12 MAY IN NO WAY BE ALTERED FROM THEIR NATURAL STATE. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCI,UDE, BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING OF BUILDINGS ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION - WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION, DREDGING, OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING; AND ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. 20. WETLAND PRESERVATION/MITIGATION AREAS, UPLAND BUFFER ZONES AND/OR UPLAND PRESERVATION AREAS SHALL BE DEDICATED AS CONSERVATION AND COMMON AREAS IN THE DEED RESTRICTIONS/CONSERVATION EASEMENTS AS WELL AS ON THE PLAT IF THE PROJECT WILL BE PLATTED. RESTRICTIONS FOR USE OF THE CONSERVATION/COMMON AREAS SHALL STIPULATE: THE WETLAND PRESERVATION/MITIGATION AREAS, UPLAND BUFFER ZONES, AND/OR UPLAND PRESERVATION AREAS ARE HEREBY DEDICATED AS CONSERVATION AND COMMON AREAS. THE CONSERVATION/COMMON AREAS SHALL BE THE PERPETUAL RESPONSIBILITY OF ORANGE TREE HOMEOWNE'S ASSOCIATION, INC. AND MAY IN NO WAY BE ALTERED FROM THEIR NATURAL STATE AS DOCUMENTED IN PEMRIT FILE, WITH THE EXCEPTION OF PERMITTED RESTORATION ACTIVITIES. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION AREAS INCLUDE, BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING SOIL OR OTHER SUBSTANCES SUCH AS TRASH REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION - WITH THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION, DREDGING, OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING; AND ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION. COPIES OF RECORDED DOCUMENTS SHALL BE SUBMITTED CONCURRENT WITH ENGINEERING CERTIFICATION OF CONSTRUCTION COMPLETION. 19 21. (A) NO LATER THAN SEPTEMBER 30, 1996, THE PERMITTEE SHALL SUBMIT FOR REVIEW AND APPROVAL, TWO (2) COPIES OF THE FOLLOWING: 1 . PROJECT MAP IDENTIFYING CONSERVATION AREA(S) 2. LEGAL DESCRIPTION OF CONSERVATION AREA(S) 3. SIGNED CONSERVATION EASEMENT 4. SEALED BOUNDARY SURVEY OF CONSERVATION AREA(S) BY PROFESSIONAL LAND SURVEYOR 5. TITLE INSURANCE COMMITMENT FOR CONSERVATION EASEMENT NAMING DISTRICT AS BENEFICIARY USING APPROVED VALUATION 6. GIS DISK (WITH STATE PLANAR COORDINATES) IF AVAILABLE THE ABOVE INFORMATION SHALL BE SUBMITTED TO THE NATURAL RESOURCE MANAGEMENT POST PERMIT COMPLIANCE STAFF IN THE DISTRICT SERVICE CENTER WHERE THE APPLICATION WAS SUBMITTED. B) THE REAL ESTATE INFORMATION REFERENCED IN PARAGRAPH (A) ABOVE SHALL BE REVIEWED BY THE DISTRICT IN ACCORDANCE WITH THE DISTRICT'S REAL ESTATE REVIEW REQUIREMENTS DESCRIBED IN THE ATTACHED EXHIBIT 18. THE EASEMENT SHOULD NOT BE RECORDED UNTIL SUCH APPROVAL IS RECEIVED. (C) THE PERMITTEE SHALL RECORD A CONSERVATION EASEMENT(S) OVER THE REAL PROPERTY DESIGNATED AS A CONSERVATION / PRESERVATION / MITIGATION AREA(S) ON ATTACHED EXHIBIT 19. THE EASEMENT SHALL BE GRANTED FREE OF ENCUMBRANCES OR INTERESTS WHICH THE DISTRICT DETERMINES ARE CONTRARY TO THE INTENT OF THE EASEMENT. THE CONSERVATION EASEMENT SHALL BE GRANTED TO THE DISTRICT USING THE APPROVED FORM ATTACHED HERETO AS EXHIBIT 17. ANY PROPOSED MODIFICATIONS TO THE APPROVED FORM MUST RECEIVE PRIOR WRITTEN CONSENT FROM THE DISTRICT. D) THE PERMITTEE SHALL RECORD THE CONSERVATION EASEMENT IN THE PUBLIC RECORDS WITHIN 14 DAYS OF RECEIVING THE DISTRICT'S APPROVAL OF THE REAL ESTATE INFORMATION. UPON RECORDATION, THE PERMITTEE SHALL FORWARD THE ORIGINAL RECORDED EASEMENT, AND TITLE INSURANCE POLICY, TO THE NATURAL RESOURCE MANAGEMENT POST PERMIT COMPLIANCE STAFF IN THE DISTRICT SERVICE CENTER WHERE THE APPLICATION WAS SUBMITTED. E) IN THE EVENT THE CONSERVATION EASEMENT REAL ESTATE INFORMATION REVEALS ENCUMBRANCES OR INTERESTS IN THE EASEMENT WHICH THE DISTRICT DETERMINES ARE CONTRARY TO THE INTENT OF THE EASEMENT, THE PERMITTEE SHALL BE REQUIRED TO PROVIDE RELEASE OR SUBORDINATION OF SUCH ENCUMBRANCES OR INTERESTS. IF SUCH ARE NOT OBTAINED, PERMITTEE SHALL BE REQUIRED TO APPLY FOR A MODIFICATION TO THE PERMIT FOR ALTERNATIVE ACCEPTABLE MITIGATION. 22. ACTIVITIES ASSOCIATED WITH IMPLEMENTATION OF THE WETLAND MITIGATION, MONITORING AND MAINTENANCE SHALL BE IN ACCORDANCE WITH THE FOLLOWING WORK SCHEDULE. ANY DEVIATION FROM THESE TIME FRAMES SHALL REQUIRE FORMAL SFWMD APPROVAL. SUCH REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE (1) REASON FOR THE MODIFICATION; (2) PROPOSED START/FINISH DATES; AND (3) PROGRESS REPORT ON THE STATUS OF THE EXISTING MITIGATION EFFORTS. 20 COMPLETION DATE ACTIVITY SEPTEMBER 30, 1997 PLANTING MITIGATION AREA SEPTEMBER 30, 1997 TIME ZERO MONITORING REPORT SEPTEMBER 30, 1997 SUBMIT REQUESTED INFORMATION FOR CONSERVATION EASEMENT SEPTEMBER 30, 1998 FIRST MONITORING REPORT SEPTEMBER 30, 1999 SECOND MONITORING REPORT SEPTEMBER 30, 2000 THIRD MONITORING REPORT SEPTEMBER 30, 2001 FOURTH MONITORING REPORT SEPTEMBER 30, 2002 FIFTH MONITORING REPORT 23. A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT(S) 2 AND 12-15 FOR THE PRESERVED WETLAND AREAS, UPLAND PRESERVATION AREAS AND UPLAND BUFFER ZONES ON A REGULAR BASIS TO ENSURE THE INTEGRITY AND VIABILITY OF THE CONSERVATION AREA(S) AS PERMITTED. MAINTENANCE SHALL BE CONDUCTED IN PERPETUITY TO ENSURE THAT THE CONSERVATION AREAS ARE MAINTAINED FREE FROM EXOTIC VEGETATION (BRAZILIAN PEPPER, MELALEUCA, AND AUSTRALIAN PINE) AND THAT OTHER NUISANCE SPECIES SHALL CONSTITUTE NO MORE THAN 10% OF TOTAL COVER. 24. A WETLAND MITIGATION PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBITS 2 AND 12-15. THE PERMITTEE SHALL PROTECT AND ENHANCE 9.17 ACRES OF UPLAND COMPENSATION AREAS. 25. A WETLAND MONITORING PROGRAM AND MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBITS 2 AND 12-15. THE MONITORING PROGRAM SHALL EXTEND FOR A PERIOD OF 5 YEARS WITH ANNUAL REPORTS SUBMITTED TO THE SFWMD STAFF. AT THE END OF THE FIRST MONITORING PERIOD THE MITIGATION AREA SHALL CONTAIN AN 80% SURVIVAL OF PLANTED VEGETATION. THE 80% SURVIVAL RATE SHALL BE MAINTAINED THROUGHOUT THE REMAINDER OF THE MONITORING PROGRAM. AT THE END OF THE 5 YEARS MONITORING PROGRAM THE MITIGATION AREAS SHALL CONTAIN AN 80% SURVIVAL OF PLANTED VEGETATION AND 80% COVERAGE OF DESIRABLE UPLAND SPECIES. 26. A TIME ZERO MONITORING REPORT SHALL BE CONDUCTED IN ACCORDANCE WITH EXHIBITS 2 AND 12-15 FOR ALL MITIGATION AREAS AND SHALL INCLUDE A SURVEY OF THE AREAL EXTENT OF THE EXOTIC REMOVAL AND PLANTED AREAS, PANORAMIC PHOTOGRAPHS, AND A DESCRIPTION OF PLANTED SPECIES SIZES. 27. UPON SUBMITTAL OF AN APPLICATION FOR CONSTRUCTION APPROVAL INVOLVING WETLANDS 3-7, THE PERMITTEE SHALL SUBMIT DETAILS OF HOW THE WETLANDS WILL BE INCORPORATED INTO THE WATER MANAGEMENT SYSTEM IN ORDER TO MAINTAIN THE ADEQUATE HYRDROLOGY FOR THE WETLANDS AND TO PROVIDE ADEQUATE WATER QUALITY TREATMENT OF SURFACE WATER DIRECTED TO THE PRESERVED WETLANDS. 21 - fir- „ 9 .. - 1 — by �' _ . - ! • ;C}l14:K/I'U'111.smp _ -- -_...___ - _ -.-.� —._..-.1~: 1"-_7 -.. N _ -• _ ` __YR3. 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I ` r • O 44. l ' CoY 1s o � .sc. .f G .• c 73 o00' 1 � 1 - o0 €RY o0 � I Y onion �C M 5 'OOp ; D I S .9 T1 4 x C°p�O. f[ O I i .°:°:;e0. tD 9 Op` v x S • L� °o o a • i..o b A )°°:°,. v .°°°0.;:°°,... .•rv..c eww.n StN 1 r • ,cg rD- z F, i e o°°° G rd v .. v z °00 Yf'cF S n ._ oo°,°� !ir 0 I• 7 D .1,1'0.. += D •°° 0 e :9 'l7 F E, ?: z i . IW h 1 Ili F, _, g3 I " IExHIBIT. /I .it {n I . f • t 1 4 • �1 /'�� 4; - � .�. I } rI�--ill' {ice ',„11 .:-.'1`,....›, /Z • � •-•:-:(7'1'.1-N.\\‘',.›,,,� i�. • 1�TI1i-rrrrri d4-L11• -11L- pJi •''`.:;7,.-4.-7--12.'..-f—•.‘::1.:1-;,T.;:: ,' r),` ), t ;t, Y(i '?t�' fj1 I ,i....41,.._ `'ri rT7- �' x �'� J- l <<>)$b <' •t �' ;S �'.. i_ 111.-> -r_ C 1 1�� •�" Y. .-Ilri V ��r t -1'----,,/, 1 Iii- t{ Olr{---1 m ICY",`,� 1 / -1 t? I l4� /',.% .. \ .-Ill ) t'YT-I1-rr� �. 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Civil Engineers ■ Land Surveyors • Planners 3800 Via Del Rey Bonita Springs, Florida 33923 (813) 947-1144 FEBRUARY, 1995 (REVISED FEBRUARY, 1996) (REVISED MAY, 1996) F:ORANGE\VAL.20 EXHIBIT 1 3 Impacts/Mitigation The proposed construction of the surface water management system, golf course and residential community for the project will impact 1.22 acres of jurisdictional wetlands. The 1.22 acres of wetland impacts will be offset by enhancing and preserving 9.17 acres of uplands adjacent to the proposed preserved wetlands and the preserved buffers as depicted on the project plans. Enhancment/Exotic Removal Plan Exotic vegetation shall be controlled over the wetland preserve area, upland compensation area and buffer area by using appropriate EPA approved herbicides. After exotic vegetation removal, open spaces within the upland compensation area shall be planted with Florida Slash Pines at 25' centers. Eighty percent of the planted slash pines shall survive after a one year period. If less than eighty percent survive, additional slash pines shall be planted for an eighty percent survival rate. Maintenance Maintenance shall be done on a regular basis to ensure the integrity and viability of the wetland preserves, preserved upland buffers and upland compensation areas and the maintenance shall be conducted in perpetuity to ensure that the preserve areas are free of exotic vegetation (Brazilian pepper, melaleuca, climbing fern and Australian pine) and the nuisance species (cattails, primrose willow, grapevine, etc.) constitute no more than 10% of the total vegetative coverage. Monitoring Plan Monitoring reports shall be prepared on an annual basis in September of the year and submitted to South Florida Water Management District staff for 5 years, or 3 years after the re- establishment of the approved hydric cycles. The monitoring report shall consist of the following items. 1. Panoramic photographs taken along the transect line at appropriate stations. 2. Water level reports taken from staff gauges on bi-weekly basis within wetlands 1, 2, and 6. 3. Revegetation survival percentages, discussion of restoration effort. 4. Wildlife observations. EXHIBIT 11+ .`- ..1.�II'..J-r, .��-f•'•1�^'� ; ri,�..l%:;.c.-'\,....% r 1 1 1 1 I Ir ^^ 1 I - ):. _LL..)"L2,--J��.1 1 7� t`^y.Gr t'r'C ,>�,/./_;-Qr^\,�;•4";\,;?-"‘a .�f�aef�eYllc-``�—ill_ r c� 1\ i i I I '`i i i i^1___....__- ---i 1 "'�:Z�-'...:��:^'.'('fQ 8 S�c 0,', =a I _iir- I S '1I1-1...' Sy t 1 C'�l . ; ; 1 • '1 1 6- 1 A -111-4 �'^ ....,. „ .�; 1 1 , , i::.._ :lit OUV. Vii.!• -411;,.1.-•;1" ;,.•-'�r 1;I ,;-...r... _,,•c, -in ts, , All.- li 1 ~- -'1;-w ♦-�:i=F'�'`.✓ i.^-z;(Y-,� ' �\ +_ 11 J 111 c ,tr— * r�, 1 1 1 / /„�^` ,�•v'j•t 11 - f_J11,,_y I,,- I S /� 1 1 '-�.. ' ,_' {`�C�'.;4'": 4761)-4-R:1.-1-17-77-7r7-7--7it- . 'IalIp(01, co, #191111 ' ,,..........,,......-.-.....-.-..,-.-,...-.......---;.\1 1 1 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 lop. Iw e 1 , t 4j '.F41J , �I�►�' ��, '`'�- ci\;:.� �� •�17111k4' 'I V a o jlp�sip ' ` VIII oi1 I liSj,\t,_ 4:pl ‘'._ 'if .0.,000111% fill , 11 if. zK ,_,,sittilat...._. ' Ni-,--;-',.e*,..-:,...60i-Iliiiti, -i-1 ..•A'40110 . , , If. : \iri-r.:,(0,,,,..„.„. .,411, _ a i -0 ' ; 44 i0 g f- -1 s -114.HoiLee ® e ' -:,.....-Asormirszjorg : Q .....s# , r-r, -,„ -- - IP Mill P/ 14 ' ;41 — c; ; 1 0 al 9 ',\J.:,-=-11. ' 2 / - --''.- p1;�= G IIII M-� 7'1m › '�`' iii -% , ° ��c[ + 1.1 /\ 0 mom \• n c\ F C 10 L ' .� w. J -! 0 • IV' • ' •� i ,,. I -- 11.1 N .. 41 s ? • In 1 rn Z / ______- zra s i 11 v \ rnJ A- 1 fC s 1 l^/ \ C 6; ;= Ip a , 3 C ti 1 IS a1 is r1 1 l aucw ; I I - 0 ` ' �—H � r � DOO - -ail Eno � D � < r7) 0 -: ( � . -.- � � � � O m 7 71 -H Q --Z---- c I ! • O (j-) n , cI EXHIBIT 15 MITIGATION EXHIBIT PAGE 1 OF 1 WETLAND PRESERVATION/RESTORATION/CREATION/UPLAND COMPENSATION INFORMATION APPLICATION NO. : 941104-12 ****************** ******dr*****tet****** ID: UPLAND MIT 1 PLAN ID: VALENCIA AT ORANGETR OBJECTIVE: UPLAND COMP TOTAL EXISTING ACREAGE: QUALITY: OBJECTIVE ACREAGE: 0.98 COMMUNITY TYPE: ACREAGE: PINE FLATWOODS 0.98 ************* ************************************************ ID: UPLAND MIT 2 PLAN ID: VALENCIA AT ORANGETR OBJECTIVE: UPLAND COMP TOTAL EXISTING ACREAGE: QUALITY: OBJECTIVE ACREAGE: 3.03 COMMUNITY TYPE: ACREAGE: PINE FLATWOODS 3.03 ****** Jr***** Jr**** *************************************** ID: UPLAND MIT 3 PLAN ID: VALENCIA AT ORANGETR OBJECTIVE: UPLAND COMP TOTAL EXISTING ACREAGE: QUALITY: OBJECTIVE ACREAGE: 0.98 COMMUNITY TYPE: ACREAGE: PINE FLATWOODS 0.98 *********************************************************k********************* ID: UPLAND MIT 4 PLAN ID: VALENCIA AT ORANGETR OBJECTIVE: UPLAND COMP TOTAL EXISTING ACREAGE: QUALITY: OBJECTIVE ACREAGE: 4.18 COMMUNITY TYPE: ACREAGE: PINE FLATWOODS 4.18 EXHIBIT 16 .,r 0 1 passive recreation tom+ DEED OF CONSERVATION EASEME'fv$` 1 1 0 4 - 1 2 January 4. 1996 �C Q 1I I f:i= r"r,s'-r` THIS DEED OF .CONSERVATION EASEMENT is given this day of , 19 , by Orangetree Associates (address) 2901 Sterling Road. Suite 291.1 Ft- Lauderdale, FL 33312 ("Grantor") to the South Florida Water Management District ("Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the 'Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Coll ierCounty, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein by reference ("Property"); and WHEREAS, the Grantor desires to construct (name of project) Valencia at Orangetree ("Project") ata site in Coll Les County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and • WHEREAS, District Permit No. 11-00418-s ("Permit") authorizes certain • activities which affect surface waters in or of the State of Florida; and WHEREAS,this Permit requires that the Grantor preserve and/or mitigate wetlands under the District's jurisdiction; and WHEREAS, the Grantor has developed and proposed as part of the pen-nit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1993), over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable.consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. a: \esmtf: 3.p4sA-D7. 6176 S iiiT IFrA-1 1 of 5 �..�_ EXHIBIT I7 /4 • The scope, nature, and character of this conservation easerrmt .shallbe asp��. follows: 941104 - 12 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural oe woode'd'otinatl( r- :arkt,s1"r- to retain such areas as suitable habitat:for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. , To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill,. or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but a:\esmtfrm3 .pas 2 of 5 ADDL/REVISED S!J .. EXHIBIT 1713 _ r:'Yf RS SERVICE MITER 5 i , . , ' ('-'s 941104 - 12 not limited to, ditching, diking and fencing; •--"r• X01/10. r":1.1"-' g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses within Grantor's regulatory jurisdiction which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Grantor reserves all rights as owner of the Property, including the right to. . engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District Rule, criteria, permit and the intent and purposes of this Conservation Easement Passive recreational activities which are not contrary to the purpose of this conservation easement may be permitted upon written approval by the District. The Grantor may conduct limited land clearing for the purpose of constructing such pervious facilities as docks, boardwalks, or mulched walking trails. Grantor shall submit plans for the construction of proposed facilities to the District for approval prior to construction. Grar for shall minimize and avoid, to the fullest extent possible, impact to any wetland or upland buffer areas within the Conservation Easement Area. Any such work shall be subject to all applicable federal, state or local permitting requirements. 4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property. 7. Any costs incurred in enforcing,judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the non-prevailing party in.such proceedings. 8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. a: \esmcfrm3 .pas 3 of 5 1 ADDL/REVISE. :,;_),.:.,!1-1k. 1 r. ........7 ..._77 I i .Apt: lbdu , EXHIBIT 176 1 t • 941104 - 12 10. If any provision of this conservation easement os-the appficatioratherecf any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11. All notices, consents, approvals or other communications hereunder shall "be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 12. The terms, conditions, restrictions and purpose of this conservation easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Any future holder of the Grantor's interest in the Property shall be notified in writing by Grantor of this conservation easement. 13. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Collier County. TO .HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions; restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property__is_free and clear of all encumbrances; that Grantor has good right and lawful authority to convey this conservation easement; and • that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Roberto Bollt has hereunto set its authorized hand this day of 199_. • • Signed, sealed and delivered . Orancetree Associates in our presence as witnesses: A Florida corporation By: Print Name: Print Name: Roberto Bollt Title: Trustee Print Name: a:\esmcf^n3.pas.._._ ... .... ._.... _ 4 of 5 r,'JJL!r,r_:�1S:fl `uc;•iIi A( API.( ' M6 EXHIBIT ► 7 0 -i . MYERS SERVICE (51\17Cr. :. • ,, 1 r 'Ai fr 941104 - 12 STATE OF FLORIDA 4CG111r:F rrf`f. r• rY ss: COUNTY OF On this day of , 199 before me, the undersigned notary public, personally appeared Roberto Boilt , personally known to me to be the person who subscribed to the foregoing instrument and did not take an oath, as the (position) Trustee , of (corporation)orangetree As soQ±ates a Florida corporation, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Print Name: My Commission Expires: South Florida Water Management District Legal Form Approved: • Date: • a:\esmtfrm3 .pas 5 Of 5 1 ADDL/REVISED SUBMITTAL. I I EXHIBIT 7E- /1;1: 41' #! i" . EXHIBIT 2 revised 1W16P95 INSTRUCTIONS FOR REAL ESTATE DIVISION'S APPROVAL OF CONSERVATION EASEMENTS The following items must be submitted the South Florida Water Management District ("District"), for review and approval, by and at the expense of the Permittee, prior to recording / conveying a conservation easement to the South Florida Water Management District. This information should be submitted to the Natural Resource Management Division's Post-Permit Compliance staff in the Service Center where the application was processed: 1) Final Executed Conservation Easement in recordable form.This easement should be identical to that which received prior approval from the District and which was attached as an exhibit to the permit staff report. Deviations will not be accepted unless they have received approval from the District's Office of Counsel. (2) Signed and sealed survey information with legal description and plat (if property currently platted). The survey document and legal description should be attached as exhibits to the conservation easement. A boundary or specific purpose survey of the conservation easement area, whichever survey document was required by the permit condition, must be prepared by a surveyor registered in the State of Florida. Surveys must meet the requirements of the District and the minimum technical standards set forth by the Board of Professional Land Surveyors in Chapter 61 G 17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. The survey shall include mapping those easements, exceptions and encumbrances revealed in the title documentation. If available, the survey boundary shall be submitted in standard digital format for inclusion in the District's GIS coverage. (3) Title Insurance, Attorney Title Opinion and Owner Affidavit (whichever required by permit condition). (a) Title Insurance Commitment. The permittee must submit to the District for review and approval a title insurance commitment issued by a title insurer approved by the District. The title insurance commitment should commit to issuance of a title insurance policy for the conveyance, listing the S These instructions are current as of today's date. However, they may be amended to address small projects. 1o; 3 EXHIBIT 181 f � lig (► District as the beneficiary, in an amount equal to the appraised value, or other method of market analysis acceptable to the District, of the interest being conveyed. As part of the title insurance commitment, the permittee shall provide complete legible copies of all supporting documentation to all Schedule B title exceptions. Attorney title opinions should be less than thirty (30) days old and should contain all supporting documentation for title exceptions. Owners Affidavit of Ownership and No Liens should be signed by the property owner and should be less than thirty (30) days old. (b) The District will review the title documentation and supporting information upon receipt. If the District finds the title is defective or includes encumbrances which are incompatible with the easement conveyance, the District shall notify the permittee in writing of such defects. Any such liens, encumbrances, exceptions or qualifications must be satisfied, discharged or subordinated by the permittee/grantor prior to the District's acceptance of the conveyance. The permittee shall have 90 days from receipt of this notice to cure such defects or grant a conservation easement over property which the District determines is of equivalent acreage and ecological value pursuant to a permit modification. Failure to correct such defects or to convey to the District in a timely manner, will be viewed as a violation of the permit conditions. (c) Title Insurance Policy. If a title commitment and insurance is required by the permit conditions, the permittee shall, within 14 days of the permittee's receipt of the District's approval of title, submit a title insurance policy to the District which insures the marketable title of the Property, subject only to liens, encumbrances, exceptions or qualifications which the District has previously determined are not incompatible with the easement conveyance. If an attorneys title opinion or owners affidavit were required by the permit condition, the permittee shall submit an updated title opinion or updated owners affidavit upon recordation of the easement. The permittee may be required to rectify any additional inconsistent encumbrances which are revealed by the updated title information. (4) Recordation of conservation easement Permittee shall record the conservation easement within 15 days of receipt of the District's written approval of the submitted title and survey information. In no event should the easement be recorded prior to receiving this approval. An original and one copy of the recorded easement shall be submitted to the Natural Resource Management Division, Post-Permit Compliance staff, at the Service Center where the application was processed. Any submittals, or questions regarding this process, should be directed to the Natural 20F3 EXHIBIT la -4101100//0/01 A k IV 11 t444 4 Resource Management Division, Post-Permit Compliance staff, at the Service Center where the application was processed. Please reference the project name and permit number with all submittals and inquiries. Specific questions regarding real estate or legal requirements will be routed to the appropriate division. 3 of 3 EXHIBIT 8 C. f fTh11.\00.10 .k ,kI it 1i • n •. it v . 4.1+.✓i� . . .•.,�t'.fitj1:.,' ;;, i...•y; r. = 941104 - 1 2 7!I 1 .I_ .h .,•-•,...._.,...,..„, ._*clllf^� 7` �r^"ti• .f\iSt•t�.-� '1� "`.`, i 1 r te :,` :r ..r-,..'—"6-._ t I i a� e I ("xl.' . 1-.:, ^s` ,.y ,.,,� is 1 ! zli ,� 111 .I_..' i � I `J.- !irv-'• \--_•-•,•;11',\7 '..\_, I ! 111 •9"hi �/I "• 11 g• •" _. ' •^ �i :;: \.\ -.:•'-'":-;-- -.),--...-...` •on :1 Jhi ' li. ' I�.,.:.� • � .!' I I I ,".,�\ tp.iyi.'-../.�•.....`►..1+5 - I 171 I �V'1�\a .'C/ A^. I i_i! ... ., ,... Coat / �' _ `�' '.I` Ill LI r. 11./�Tl� / t �r !oat SZ. 4`�:�•.I"•�.0031'I-... 1RW ----r i�.y i ,• .• 1 I 1 1:I] �,...yam`.- _, 1 s 1 iii if ri 1 Nr. -s... "...,........„,.... . , r.,,,..., ,...... I.die_ \�."• `.w :�.._. r:I';I.' ><F� �'.• RY';.1 •f:"._..�rF�.%. .cri f • I �- -----71.-------":—._.---' 5 — ''-----. -.j...1.=.. eir- '�\ .5.,;::'./71.4 i rL * 4" "' , ... 1 .- :� •.•.-. 'r\�.. y': !I�"if:,i . f {. �+�"=a !I i l I !Ili 1 1'I\I �� ^ .` '�-:..: ' I .7.. ~ ,••4, i- i• Ik" s 1 • `,•x .aw. rY- .' ;- ` , 1 I i I f_r I j I if, 1,7,1 ;i...1'.:::,4 i i t .. • • •' t� 1111 ■�i.1 .; :;�G. ' lir fl I ?.•'...:".....::-::, � .;Jrpi�tt , ti. • hi 111 T 'T• •gin• . 1 t l i ti It ,w .44. ;.Y:: rsr,: ; .tea. 141 .� n ryl / ,,, , q tty i�! �� r....././-. 1J�'` Y. 1°f " __ .. ._..". �� 73 M• _I ':.r,_y 1:! .i!r '-".3�.."'�'cf� .•! i r 'sem' D 1!f ,, 1. '. .-'R' ••1..,‘.-;.->-' \ / ir f ^+I' -...tom'^.-..�......';', / ! C) III 1 ff .s i .• . ..?1,--.7,..i . � ill i i'. `�4•�� :- 2,,,,,....,-m•-' �"� � VX_•�•. i • el --ate- \ ......, ..*....'. • .,:-.....i, t.,L..„\,, t.---,2-p, 1 .cr-7,.. .:/ H! 1 > /I • • I• I ...Le.-...I:MAI. 1 11 5 1 1 VALENC4 AT ORANGETREE �- Q. GRADY MINOR AND ASSOCIATES, P.A. "' 3NSER VA Tl ON CIVIL so>�v�coas • s c I! r .4 ML/REVISE UCMITT: A", 300 na mL 1n nom. topswaa now* 3311113 '� o N •t i AREA'°° SKETCH PO2( : (am) 447...1.1441. ..._: (040 047.E rri0 EXHIBIT 19 • STAFF REPORT DISTRIBUTION LIST PROJECT: VALENCIA AT ORANGETREE (SUB-BASIN-4) APPLICATION NUMBER: 941104-12 PERMIT MODIFICATION NUMBER: 11-00418-S INTERNAL DISTRIBUTION EXTERNAL -DISTRIBUTION Reviewer: X Deborah B. Marzella X Applicant: X Donald L. Barselou ORANGETREE ASSOCIATES X Clayton R. Miller, P.E. X Karen M. Johnson X Applicant's Consultant: K. Ammon - REG Q. GRADY MINOR & ASSOCIATES X B. Colavecchio - REG M. Cruz - REG X Engineer, County of: J. Golden - REG COLLIER E. Hopkins - UDP C. Merriam - GPA Engineer, City of: R. Mireau - OMD X R. Robbins - NRM D. Thatcher - ,CPR X Local Drainage District: W. Van Voorhess - GPA BIG CYPRESS BASIN X K. Wallace - REG X A. Waterhouse - REG COUNTY Director, Big Cypress Basin X Collier -Agricultural Agent X Area Engineer Day File BUILDING AND ZONING Enforcement X Environmental PPC Reviewer OTHER X Field Representative X Brian Kenedy Office of Counsel X Chri ti1-D-Straton X Permit File X Div of Recreation and Park - District 8 X F.G.F.W.F.C. GOVERNING BOARD MEMBERS X Florida Audubon - Charles Lee Ms. Valerie Boyd X Leonore Reich Mr. William Graham X S.W.F.R.P.C. - Glenn Heath Mr. William Hammond Ms. Betsy Krant Mr. Richard Machek Mr. Eugene K. Pettis Mr. Nathaniel P. Reed Ms. Miriam Singer Mr. Frank Williamson, Jr. DEPT. OF ENVIRONMENTAL PROTECTION X Ft. Myers EXHIBIT 20 STAFF REPORT DISTRIBUTION LIST ADDRESSES Brian Kenedy 24965 Bay Cedar Drive Bonita Springs, FL 33923 Christine D. Straton 1441 Gulf Coast Drive Naples, FL 33963 Div of Recreation and Park - District 8 FDEP 1843 S Tamiami Trail Osprey, FL 34229 Leonore Reich 713 Reef Point Circle Naples, FL 33963 EXHIBIT 20o . •,.r'r LJCA ;ON NUMBER 941104 - 121111. 1111 SURFACE WATER MANAGEMENT REPORT MODIFICATION FOR ORANGETREE - COMBINATION OF SUB-BASINS NUMBERS 4 & 5 Prepared by: Q. Grady Minor & Associates, P.A. Civil Engineers ■ Land Surveyors • Planners 3800 Via Del Rey Bonita Springs, Florida 33923 (813) 947-1144 FEBRUARY 1995 / 212-S S"- ADDIJRFULSE121Merre) FEB 2 81995 FT. MYERS t,,-ri_JCA>iON NUMBER • 9 4 1 1 44 " 1 2gro m Purpose: To modify "Modification of Conceptual Permit and Surface Water Management Report for Orangetree Development". Prepared by Wilson, Miller, Barton and Peek, Inc. dated January, 1990. The Modification is only to the flood routing, stage/storage, pervious/impervious portions of the report pertaining to sub-basins Nos. 4 and 5 to combine the sub- basins into a single sub-basin to be known as sub-basin No. 4. Parameters: The new combined sub-basin accepts flows from sub-basin No. 3 and sub-basin No. 6. Sub-basin No. 3 flows are controlled thru an existing control structure discharging into lake 4-2. The flows have been added to the Mass Route accumulated time and inflow curve. Sub-basin No. 6 floats with the new combined sub-basin VIA a culvert from sub- basin No. 6 to Lake 4-14. The control structures (Nos. 4 & 5) remain as originally designed. Modified and combined site summary for sub-basin No. 4 (FICA sub-basins Nos. 4 and 5). Total Area: 716.7 Ac Buildings: 85.5 Ac Pavement: 75.1 Ac Water Management Lakes with control 13.0': 118.7 Ac Lakes with control @ 14.0': 5.4 Ac Lakes with control @ 15.0': 5.4 Ac Pervious Area (open space, golf course, preserves) 426.6 Ac Modified Stage vs. Storage table sub-basins Nos. 4 and 6 ADDUREVISED SUBMITTAL FEB 2 8 1995 FT. MYERS !E, C Storage I1_EGAT QN NUMBER Stage (Ac - ft) 941104 - 1211111" M (ft. NGVD) Lakes Site Total " 13.0 0 0 0 13.5 59.35 • 0 59.35 14.0 118.70 0 118.70 14.5 180.75 - 180.75 • 15.0 242.80 0.5(0.5) 1/4 (667.7) = 41.73 284.53 15.5 307.55 1.0(0.5) 2/4 (667.7) = 166.92 474.47 16.0 - 372.30 1.5(0.5) 3/4 (667.7) = 375.58 747.88 16.5 437.05 2.0(0.5) 4/4 (667.7) = 667.70 1104.75 ' Stage vs. Discharge (not modified) Discharge Stage (cfs) (ft. NGVD) Structure 4 Strucutre 5 Total 13.0 0 0 0 13.5 6.64 3.60 10.24 14.0 18.78 10.17 28.95 14.5 28.80 17.16 45.96 15.0 35.27 21.02 56.29 15.5 40.73 24.27 65.00 16.0 45.54 27.13 72.67 . ADDUREVISED SUBMITTAL ' FEB 2 81995 FT. MYERS 7_MCf,►lON NUMBER 9411 04 . 1211111" Ca Flood Routings: The roads and basins are designed using the 25-year, 3-day storm event. SCS program was run on sub-basin No. 3 to generate time and accumulated outflow data. SCS program was run on sub-basins Nos. 4 and 6 to generate time and accumulated inflow data. The data was combined to create the accumulated time and inflow curve then used in the mass route program for basins 4 and 6 (all output described above is attached). The Mass Route program was run and the results are attached. The minimum perimeter grades now shall be 15.6 feet NGVD. The minimum road crown elevation shall now be 15.60 feet NGVD. The allowable outfall was not exceeded. SCS program was run for the 100-year event with zero discharge. The minimum floor elevation is now 16.71 feet NGVD. • Conclusion: The modified report allows the combination of sub-basins Nos. 4 and 5 into a single sub-basin know known as sub-basin No. 4. Sub-basin No. 4 accepts controlled inflow from sub-basin No. 3. Sub-basin No. 6 flows into sub-basin No. 4 VIA culvert into Lake 4-14. Minimum Perimeter Grade: 15.6' NGVD Minimum Road Crown Elevation: 15.60' NGVD Minimum Finish Floor Elevation: 16.71' NGVD F:ORANGEIVAL.20 ADDURVISED SUBMITTAL FEB 2 8 1995 FT. MYERS n C C C SCS PROGRAM PROJECT NAME . : . . : VALENCIA AT ORANGETREE REVIEWER • MWM PROJECT AREA 882 . 70 ACRES APPLICATION NUMBER GROUND- STORAGE . . . : , 2 . 70 INCHES TERMINATION DISCHARGE : 100 .00 CFS 41 1 04.... 1 2 *� DISTRIBUTION TYPE . . : SFWMD ,02 RETURN FREQUENCY . . . 25 . 00 YEARS RAINFALL DURATION . . : 3-DAY 24-HOUR RAINFALL . . : 8 . 00 INCHES REPORTING SEQUENCE . : STANDARDIZED STAGE STORAGE DISCHARGE (FT) . (AF) (CFS ) 13 . 00 .00 .00 • • 13 . 50 _ 59 . 35 .00 . . . _ .. 14 .00 118 .70 .t0 ' 14 . 50 180 . 75 . 00 15 . 00 242 . 30 . 00 15 . 50 340 . 94 .00 16 . 00 505 . 84 .00 16 . 50 737 . 52 .00 17-. 00 - 1035 . 96 . 00 17 . 50 1401 . 18 . 00 RESERVOIR - - - - - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAG; (HR) ( IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) . 00 .00 . 00 . 0 . 0 .0 . 0 . 0 .0 13 .01 4 . 00 . 19 . 00 .0 . 0 .0 . 0 .0 .0 13 .0( 8 . 00 . 39 . 00 - . 0 .0 .0 . 0 . 0 .0 13 .01 . 1 12 .00 . 58 . 00 1 . 2 . 1 . 0 . 0 .0 13 .0. 16 . 00 . 78 . 02 6 . 6 1 . 4 1 . 4 . 0 . 0 . 0 13 . 0 20 . 00 . 97 . 06 11 . 0 4 . 4 4 . 4 . 0 . 0 . 0 13 . 0 8 7 8 . 7 . 0 . 0 . 0 13 . 0 24 . 00 1 . 17 . 12 14 . 7 . 0 . 0 13 . 1 28 . 00 1 . 45 . 23 27 . 7 16 . 9 16 . 9 . 0 . 0 .0 13 . 2 . 0 27 . 0 . 0 36 . 00 2 .02 .52 36 . 7 32 . 00 1 . 74 . 37 32 . 7 38 .55 38 . 5 . 0 . 0 . 0 13 . 3 .51 . 3 51 . 3 . 0 . 0 .0 t3 . 4 40 . 00 2 . 30 . 70 40 . 0 44 . 00 2 . 59 . 88 42 . 7 65 . 0 65 . 0 . 0 . 0 . 0 13 . 5 18 . 00 2 . 87 1 . 08 44 . 9 79 . 5 79 . 5 . 0 . 0 . 0 13 . 6 . 0 . 0 . 0 13 . 8 98 . 9 98 . 9 52 . 00 3 . 23 1 . 34 74 . 6 56 . 00 3 . 97 1 . 92 171 . 7 141 . 1 , 141 . 1 . 0 . 0 . 0 14 . 1 p pI NEVI Ei SSUTT:}_T,�1L262 . 3 177 . 9 177 . 9 .0 . 0 . 0 14 . 4 390 . 2 205 . 9 205 . 9 . 0 . 0 . 0 14 . 6 a5: .. BG.Q2I99 . 85 619 . 4 231 . 4 231 . 4 . 0 . 0 . 0 14 . 8 1 FT. MYERS (Th 4 H r . ) R E S E R V O I R - - - - RAIN ACCUM. j. IN ACCUM. I.:14. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAG (HR) ( IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) (FT) 59 . 75 6 . 62 4 . 21 3804 . 8 310 . 0 310 . 0 .0 . 0 .0 15 . 1 60 . 00 8 . 12 5 . 59 4896 . 1 411 . 1 411 . 1 .0 .0 .0 15 . 5 60 . 50 8 . 70 6 . 14 973 . 6 451 . 3 451 . 3 . 0 . 0 .0 15 . 8 61 . 00 9 . 01 6 . 42 509 . 1 472 .3 472 . 3 .0 . 0 .0 15 . E 62 . 00 9 . 42 6 . 81 309 . 6 500 .6 500 . 6 . 0- . 0 .0 15 . G 64 . 00 9 . 91 7 . 28 202.9 535 . 2 535 . 2 . 0 . 0 .0 16 .0 68 . 00 10 . 49 7 . 82 122 . 3 575 . 5 575 . 5 . 0 . 0 .0 16 . 1 72 . 00 10 . 87 8 . 19 81 . 8 602 . 5 602 . 5 . 0 . 0 .0 16.e. A:77.2L1CATION NUMBER SUMMARY INFORMATION 9411 .04 - 12110, isi MAXIMUM STAGE WAS 16 . 21 FEET AT 72.00 HOURS MAXIMUM DISCHARGE WAS . 0 CFS AT .00 HOURS • • • ADOUREVISED SUBMITTAL , i FEB 2 81995 FT. MYERS %toe 1 1 SCS PROGRAM PROJECT NAME • VALENCIA AT ORANGETREE REVIEWER . . . . . : MUM - PROJECT AREA 882 .70 ACRES GROUND STORAGE • • 2 . 10 INCHES TERMINATION DISCHARGE : 100.00 CFS DISTRIBUTION TYPE• . : SFWM100.00 YEARS RETURN FREQUENCY . . : 3-DAY ;�"'C'�!CATION �,L' BER RAINFALL DURATION . • • 24-HOUR RAINFALL . •. 10 .70 INCHES REPORTING SEQUENCE . : STANDARDIZED - 9 4 l 04 1 21r�"", STAGE STORAGE DISCHARGE (FT) (AF) (CFS) 13 . 00 .00 .00 • 13 . 50 59 .35 .00 14 .00 118 .70 .00 14 . 50 180 .75 .00 15 . 00 242 . 30 . 00 • 15 . 50 340 . 94 . 00 • 16 .00 505 . 84 .00 16 . 50 737 . 52 00 17 .00 1035 .96 0 1.7 ,.50 _ ___ 1..40)-..,..!-8 . 00 _____________ -- • RESERVOIR - - - - ' RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAG; (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS) : (FT) • .0 13 . 01 . 00 .00 .00 .0 . 0 .0 .0 . 0 . 0 . 0 , 0 .0 13 . 0 4 . 00 . 26 .00 . 0 . 0 . 0 0 . 0 .0 13 . 0' 8 . 00 . 52 . 00 . 01 . 5 . 0 . 0 . 0 13 .0 12 .00 . 78 .02 8 . 8 1 . 5 5 8 . 0 . 0 .0 13 . 0 16 . 00 1 . 04 . 08 16 . 5 5 . 8 p . 0 . 0 13 . 1 20 . 00 1 . 30 . 17 22 . 5 12 . 3 12 . 3 , 24 . 00 1 . 56 . 28 27 . 3 20 . 6 20 . 6 . 0. 0 . 0 . 0 13 .0 .0 13 . 21 1 28 . 00 1 . 94 . 48 47 .7 35 . 2 35 . 2 . 0 . 0 .0 13 . 4 32 . 00 2 . 32 . 71 53 . 7 52 . 1 52 . 10 . 0 .0 13 . 5 36 . 00' 2 . 70 •'96 58 . 3 70 . 7 70 . 7 40 . 00 3 . 08 1 . 23 62 . 0 90 . 7 90 . 7 . o . 0 . 0 13 . 70 . 0 . 0 13 . 9 44 . 00 3 . 46 1 . 52 64 . 9 111 . 7 111 . 70 14 . 1 48 . 00 3 . 84 1 . 82 67 . 3 133 . 6 133 . 6 . 0 . 0 -1 . 3 52 . 00 4 . 32 2 . 21 110 . 1 162 . 4 162 . 4 . 0 . 0 . 0 10 . 0 t4 . 3 56 . 00 5 . 31 3 . 04 247 . 9 223 . 9 -223 . 9 . 0 8 pAAEVI§EQ UB IrT7TL 37 3 . 8 276 . 6 276 . 6 . 0 . 0 .0 15 . t �••pp�Gj� . 0 . . 0 15 . :3 3ttB . 552 . 0 316 . 3121 . 5 3 X199 : 7309 30 g7 1 . 7 352 . 3352 . 30 . 0 iI 15 . 5 5:3 79 . 0 CT AAVFGq (tel (Th ' - RESERVOIR - - - - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAG (HR) ( IN) (IN) (CFS) (AF) (AF) (AF) (CFS ) (CFS) (FT) 59 . 75 8 . 86 6 . 28 5312 . 6 462 . 0 462 . 0 . 0 .0 .0 15 .7 60 . 00 10 . 86 8 . 18 6761 .7 601 . 7 601 . 7 . 0 .0 .0 16 .0 60 . 50 11 . 64 8 . 93 1335 . 7 656 . 9 656 . 9 .0 .0 . .0 16 . 3 61 . 00 12 . 05 9 . 32 697 . 3 685 . 7 685 . 7 . 0 .0 . 0 16 .3 62 .00 12 . 59 9 . 85 423 . 3 724 . 4 724 . 4 . 0 .0 .0 • 16 .4 64 .00 13 . 26 10.49 276 .9 771 . 6 771 . 6 .0 .0 .0 16 . 5 68 .00 14 .03 11 . 24 166 . 6 826 . 7 826 . 7 . 0 . 0 .0 16 .6 72 .00 14 . 54 11 .74 111 . 3 863 . 4 863 . 4 .0 .0 . .0 16 .7 APPLICATION NUMBER SUMMARY INFORMATION 941 1 0 4 " 1 2 °MA no MAXIMUM STAGE WAS 16 .71 FEET AT 72 . 00 HOURS MAXIMUM DISCHARGE WAS . 0 CFS AT . 00 HOURS • • f ADDL./REVISED SUBMITTAL a FEB 2 81995 FT. MYERS z SCS PROGRAM PROJECT NAME • OTREF BASIN 3 REVIEWER • RWM PROJECT AREA 490 . 00 ACRES GROUND STORAGE . . . 2 .06' INCITES TERMINATION DISCHARGE .: 100 .00 CFS DISTRIBUTION TYPE . . .: SFWMD. �r-� T . RETURN FREQUENCY . . . 25 . 00 YEARS _SCA TION NUMBER RAINFALL DURATION . . 3-DAY 9 4 1 1 0 4 - 1 2 ,M 24-HOUR RAINFALL 8 .00 INCHESpar REPORTING SEQUENCE . : STANDARDIZED STAGE STORAGE . DISCHARGE (FT) (AF) (CFS) 13 . 00 .00 . 00 13 . 50 70 .00 2 . 99 . 14 . 00 140 .00 8 . 45 14 . 50 210 . 00 15 . 53 15 . 00 280 .00 23 . 90 16 . 00 466 . 62 72 . 95 RESERVOIR - - - - RAIN ACCUM. BASIN ACCUM. ACCUM. INSTANT AVERAGE TIME FALL RUNOFF DISCHGE INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAG (HR) (IN) (IN) (CFS) (AF) (AF) (AF) (CFS) (CFS ) (FT) . 00 . 00 . 00 . 0 • . 0 .0 . 0 . 0 . 0 13 . 0 4 . 00 . 19 . 00 . 0 . 0 . 0 . 0 . 0 .0 13 .0 8 . 00 . 39 . 00 . 0 . 0 . 0 . 0 . 0 .0 13 . 0 12 . 00 . 58 .01 3 . 5 . 5 . 5 . 0 . 0 .0 13 .0 16 . 00 . 78 . 06 6 . 6 2 . 3 2 . 2 . 1 . 1 . 1 13 . 0 20 . 00 . 97 . 12 9 . 1 4 . 9 4 . 8 . 1 . 2 . 1 13 . 0 24 . 00 1 . 17 . 20 11 . 1 8 . 3 8 . 1 . 2 . 3 . 3 13 .0 23 . 00 1 . 45 . 35 19 . 5 14 . 2 13 . 9 . 3 . 6 . 5 13 . 1 32 . 00 1 . 74 . 52 22 . 0 21 . 2 20 . 6 . 6 ' . 9 . 7 13 . 1 36 . 00 2 . 02 . 70 . 24 . 0 28 . 8 27 . 9 . 9 1 . 2 1 .0 13 . 2 40 . 00 2 . 30 . 91 25 . 5 37 . 0 35 . 7 1 . 3 1 . 5 1 . 3 13 . 2 44 . 00 2 . 59 1 . 12 26 . 7 45 . 6 43 . 8 1 . 8 1 . 9 1 .7 13 . 3 48 . 00 2 . 87 1 . 34 27 . 8 54 . 7 52 . 1 2 . 6 2 . 2 2 . 0 13 . 3 52 . 00 3 . 23 1 . 63 45 . 4 66 . 5 63 . 2 3 . 3 2 . 7 2 . 4 13 . 4 56 . 00 3 . 97 2 . 25 102 . 5 91 . 9 87 . 5 4 . 4 4 . 3 3 . 3 13 . € 58 . 00 4 . 58 2 . 79 154 . 6 113 . 8 108 . 5 5 . 3 5 . 9 5 . 0 13 . 7 59 . 00 5 . 02 3 . 19 228 . 4 130 . 2 124 . 4 5 . 8 7 . 0 6 . 4 13 . F 59 . 50 5 . 42 3 . 55 360 . 8 145 . 0 138 . 9 6 . 1 8 . 1 7 . 5 13 . E 59 . 75 6 . 62 4 . 67 2199 . 6 190 . 5 134 . 2 6 . 3 10 . 6 9 . 3 11 . 1 60 . 00 8 . 12 6 . 08 2801 . 3 248 . 4 241 . 8 6 . 6 15 . 9 13 . 2 14 . ADOURVISPAPBC11$ 553 . 6 271 . 2 263 . 8 7 . 4 21 . 3 10 . 3 14 61 'a . 01 8 . 93 289 . 0 293 . 1 274 . 8 8 . 3 22 . 9 22 . = t4 . 5. F�B 2 81995 FT. MYERS C C tI`1L• FALL RUNOFF DI GE INFLOW VOLUME OUTjq7OW DI:SCHGE DLS(;H'rt. STAGE (HR) ( IN) ( IN) (C;., J) (AF ). (AF) (' ) ( CFS ) (CFS ) ( FT) 62 . 00 9 . 42 7 . 33 175. 5 299 . 2 288 . 9 10 . 3 25 . 8 24 . 2 15 . 04 64 . 00 9 . 91 7 . 81 114 . 8 318 . 8 303 . 9 14 . 9 29 . 9 28 . 0 15 . 12 88E00 10 . 49 8 . 37 69 . 1 341 . 6 316 . 2 25 . 4 33 . 2 31 . 6 15 . 19 72 . 00 10 . 87 8 .74 46 . 1 356 . 8 320 . 3 16 . 5 3.4 . 4 33 . 8 15 . 21 SUMMARY INFORMATION - MAXIMUM STAGE WAS 15 . 21 FEET AT 72 .00 HOURS MAXIMUM DISCHARGE WAS 34 . 4 CFS AT 72 .00 HOURS A;i7LICA T;ON NUMBER • 9 411 Q4 -• 211*, ADDL/REVISED SUBMITTAL FEB 2 8 1995 FT. MYERS C C ( A S S ROUTE P R S G k :I PROJECT NAME • VALENCIA AT ORANGETRf'E REVIEWER . . . . . . : BASINS 4 & 6 TERMINATION DISCHARGE : 100 .00 CFS REPORTING SEQUENCE . : USER OWN STAGE STORAGE DISCHARGE ( FT) (AF) 'CCFS) i+:�rLICA T;ON NUMBER 13 . 00 .00 .00 9 4 0 - 2igo rimg 13. 50 59 . 35 10 .2•} 14 . 00 118 .70 28 . 95 14 . 50 180.75 56 . 29 15 .00 284 . 53 15 . 50 474. 47 65 .00 16 .00 747 . 88 . • ACCUMULATED TIME AND INFLOW CURVE TIME INFLOW TIME INFLOW TIME INFLOW . (HR) (AF) (HR) (AF) (HR) (AF) .00 .00 I 4 .00 . 00 I 8 . 00 . 00 12 .00 . 10 I 16 .00 1 . 50 ! 20 .00 4. 50 • 24 .00 8 . 90 I 28 .00 17 . 20 I 32 .00 27 . 60 36 . 00 39 . 40 I 40.00 52 . 60 I 44 . 00 66 . 80 48 .00 82 . 10 I 52 .00 102 . 20 I 56 .00 145 . 50 58 .00 183 . 20 1 59 .00 211 . 70 I 59 . 50 237 . 50 59 . 75 316 . 30 ! 60 .00 417 .. 70 I 60 . 50 458 . 70 61 . 00 480 . 60 1 62 .00 . 510 . 90 l . 64 .00 550 . 10 68 . 00 600 . 90 I 72 .00 639 . 00 I RESERVOIR ACCUM. ACCUM. INSTANT AVERAGE TIME INFLOW VOLUME OUTFLOW DISCHGE DISCHGE STAGE (HR) (AF) (AF) (AF) (CFS) (CFS) (FT) • . 00 . 0 .0 . 0 . 0 .0 13 . 00 4 . 00 . 0 .0 . 0 . 0 . 0 13 .00 8 . 00 . 0 . 0 . 0 . 0 . 0 13 . 00 12 . 00 . l . 1 . 0 . 0 . 0 13 . 00 16 . 00 1 . 5 1 . 5 . 0 . 2 . 1 13 . 01 20 . 00 4 . 5 4 . 3 . 2 • . 7 . 5 . 13 . 04 24 . 00 8 . 9 , 8 . 3 . 6 1 . 4 1 . 1 13 . 07 28 . 00 17 . 2 16 . 0 1 . 2 2 . 7 2 . 1 13 . 13 32 . 00 27 . 6 25 . 2 2 . 4 4 . 3 3 . 5 13 . 21 36 . 00 39 . 4 35 . 3 4 . 1 6 . 0 5 . 2 13 . 29 40 . 00 52 . 6 46 . 2 6 . 4 7 . 9 7 . 0 13 . 39 44 . 00 66 . 8 57 . 5 9 . 3 , 9, 8 8 . 9 13 . 48 48 . 00 82 . 1 69 . 0 13 . 1 13 . 1 11 . 4 13 . 58 1 ANL/REVISED SUBMITTAL FEB 2 81995 . TtmE .`FLOW VOLL:11r QL L r-uw v t:›t.:tuc u x rzur. .71/WC; (HR) (AF) . (AF( Th (AF) (CFS) (CFS) (- FT) r . 5'1 , 00 1.77 . 2 R4 . 0 1'3 2 17 . 11 15 . 5 13 . 70 a 56 .00 145 . 5 119 . 6 25 . 9 28 . 8 23 . 3 14 . 00 58 . 00 183 . 2 151 . 8 31 . 4 37 . 1 33 . 0 14 . 25 59 . 00 211 . 7 177 .0 34 . 7 43 . 9 40 . 6 14 . 44 59 . 50 237 . 5 200 . 9 36 . 6 47 . 3 45 . 9 14 . 57 59 . 75 316 . 3 278 . 7 37 . 6 51 . 8 49 . 6 1.4 .78 , - 60 . 00 417 .7 3738 . 9 60 . 50 458 .7 417 .4 41 . 3 61 .9 60.6 15 . 32 61 .00 4580 . 6 10 . 9 466 .7 1 . 8 49 . 1 6 63 .0 62. 5 15 . 39 2 . 00 64 .2. 63 .7 15 . 46 64 .00 550 . 1 490 .2 59 . 9 65 .4 64 .9 15 . 52 68 .00 600 .9 519 . 3 81 . 6 66 .2 65 .8 15 . 58 639 . 0 535 .4 103 . 6 . 66 .7 66 . 5 15 . 61 722 . 00 SUMMARY INFORMATION ' • APPLICATION NUMBERMAXIMUM STAGE WAS 15 . 61 FEET AT 72.00 HOURS �4 1 � 0¢ 1 2 MAXIMUM DISCHARGE WAS 66 . 7 -CFS AT 72.00 HOU elm to • • • . 1 ADDLJREVISED SUBMITTAL FEB 2 81995 . • FT. MYERS HOOVER PLANNING & DEVELOPMENT, INC. Land, Environmental & Traffic Planning Consultants 3785 Airport Road North, Suite B-1,Naples,Florida 34105 ORANGE TREE ASSOCIATES Protected Species Survey Collier County Sections 14, 23 & 24, Township 48 South, Range 27 East Approximately 1,235.25 Acres Date of Preparation: February 4, 2003 Updated: December 26, 2003 ORANGE TREE ASSOCIATES Protected Species Survey Page 2 Introduction An environmental consultant from Hoover Planning &Development, Inc conducted field investigations of the+1- 716.67 acre Orange Tree Associates Property(Valencia portions) on January 21st, 23rd, 24th, 27th, 28th and February 5th, 2003. This updated survey includes additional areas of the Orange Tree PUD that brings the approximate acreage total to 1,235.25 acres. The fieldwork for this update was conducted on December 18th, 23rd and 24th. The purpose of the investigations was to identify the presence or absence of protected species and habitat. Location The subject property is located immediately east of Immokalee Road,between Randle Boulevard and Oil Well Road, in Sections 14, 23 &24, Township 48 South, Range 27 East, in Collier County, Florida. A small portion of the survey area is located north of Oil Well Road and constitutes a Water Utility area. Surrounding land uses include Immokalee Road, Randle Boulevard, Oil Well Road, actively farmed citrus,the Golden Gate Canal, and single family residential development. Survey Methodology The species survey was conducted using the methodology discussed in the Florida Game and Freshwater Fish Commission publication"Ecology and Habitat Protection Needs of Gopher Tortoise(Gopherus polyphemus)Populations Found on Lands Slated for Large-scale Development in Florida." This methodology is made up of the following steps: First, vegetation communities or land-uses on the subject site are delineated on an aerial photograph using the Florida Land Use, Cover and Forms Classification System(FLUCCS). Next,the FLUCCS mala codes are cross-referenced with a list of protected species. This species list contains the names of the protected species which have the highest probability of occurring in each particular FLUCCS community. See table 1 for the species list that applies to this property. With a list of the potential listed plants and animals,each FLUCCS community is searched in the field for these species. An intensive pedestrian survey is conducted using belt\meandering transects and 8 x 42 binoculars as a means of searching for plants and animals. In addition, periodic "stop-look-listen"and quiet stalking methods are conducted for animals. Signs or sightings of all listed species are then recorded. For this parcel of land,particular attention was paid to the presence or absence of wading birds, gopher tortoise, red-cockaded woodpeckers,burrowing owls, and Big Cypress fox squirrels. The following section describes the FLUCCS communities identified on the site, followed by discussion of the species observed. Site Conditions The temperature ranged from the upper 40's to the low 70's during the various field investigations. Cloud cover varied from full sun to cloudy. Survey times varied from 8:00 a.m. to 5:00 p.m., with approximately 68 man-hours logged on the property during the species survey and related field work, such as vegetation mapping. The golf course on the property is fully constructed and under operation. Other portions of the parcel have been cleared for residential development. Portions of the additional survey area included previously constructed residential G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Protected Species Survey-Update.doc ORANGE TREE ASSOCIATES Protected Species Survey Page 3 areas, residential areas under active construction, and other existing facilities such as a commercial area and a community park. The portion of the property north of Oil Well Road that was surveyed in this update contains a water utility. Listed below are the FLUCCS communities identified on the site. The following community descriptions correspond to the mappings on the attached FLUCCS map. See Florida Land Use, Cover and Forms Classification System(Department of Transportation 1985) for definitions. Medium Density Single Family Residential, FLUCCS 121 This portion of the property contains existing single family homes that were constructed as part of the Orange Tree PUD. Medium Density Residential Under Construction, FLUCCS 129 This portion of the property is in varying stages of construction from site re- grading and infrastructure to vertical construction of homes. Commercial Convenience Store, FLUCCS 140 An existing convenience store is located in the northwest corner of the property. Valencia Golf Course, FLUCCS 182 This community consists of the Valencia golf course that has already been constructed. Community Facilities, FLUCCS 186 An existing community park is located along Oil Well Road. Saw Palmetto, FLUCCS 321 This community is found in scattered patches throughout the property. Canopy contains occasional slash pine. Midstory includes dense saw palmetto. Other vegetation present includes buckthorn, grapevine, poison ivy, beggar's ticks, Caesar's weed,pennyroyal and rusty lyonia. Pine Flatwoods, FLUCCS 411 This community is found primarily in the southeast portion the property and in patches throughout the golf course. It is dominated by slash pine and cabbage palm in the canopy. Midstory includes dense saw palmetto and scattered Brazilian pepper. Other vegetation present includes buckthorn, grapevine, poison ivy,beautyberry, Caesar's weed, pennyroyal, rusty lyonia and myrsine. Open Water, FLUCCS 500 This community is found isolated in the northeast portion of the property and consists of a manmade canal. Since the issuance of the SFWMD permit,the golf course has been constructed and several new lakes have been dug. At the time of permitting,the canal was the only open water area on the property. Cypress, FLUCCS 621 G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Protected Species Survey-Update.doc ORANGE TREE ASSOCIATES Protected Species Survey Page 4 There are eight scattered cypress areas found throughout the property. Vegetation consists of cypress and cabbage palm in the canopy. Midstory contains scattered wax myrtle and dahoon holly. Other vegetation observed includes willow, sawgrass, buttonbush and grapevine. Cypress-Pine-Cabbage Palm, FLUCCS 624 There are seven scattered cypress\pine areas found throughout the property. Vegetation consists of cypress, slash pine and cabbage palm in the canopy. Midstory contains scattered dahoon holly. Other vegetation observed includes Caesar weed, grapevine, and Brazilian pepper. Disturbed Lands, FLUCCS 740 This community is found throughout the property and consists of lands that were cleared adjacent to the golf course for residential tracts. Vegetation is typical of disturbed areas and consists of a variety of weedy plants. Entrance Roadway, FLUCCS 814 This area delineates the entrance road to the Valencia golf course. Water Treatment Utility, FLUCCS 830 This portion of the property located north of Oil Well Road consists of an existing Water Treatment Facility. Species Observed The various listed species which may occur in the FLUCCS communities are shown in Table 1. Species observed on the subject parcel are detailed in Table 2. See attached drawing entitled "Orange Tree Associates—FLUCCS Mapping &Protected Species Survey"for specific locations of field survey results. A single fox squirrel was observed adjacent to the existing golf course,just north of Randle Boulevard. Two Southeastern American Kestrels were observed foraging on the property. A wood stork was observed using one of the existing lakes. No other signs of protected species were observed on the parcel. Discussion The majority of the site is under development or is completely surrounded by development, severely limiting habitat value. Large portions of the property have either already been developed or have been previously cleared to make way for development. Gopher tortoise were completely absent from palmetto and pine flatwoods communities. This may be due to the long history of agricultural activity in the area. The cleared portions of the property that were not under construction were intensively checked for burrowing owls. No signs of owls or burrows were observed. The kestrels observed on the parcel appeared to be using open areas for foraging. The previously observed fox squirrel was using a portion of the property that has already been developed (golf course). G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Protected Species Survey-Update.doc ORANGE TREE ASSOCIATES Protected Species Survey Page 5 Table 1. Protected species list according to FLUCCS category. -FLUCCS Potential-Listed-Species Scientific Name 'Designated Status FWC or FDA FWS 121 NONE - - - 129 NONE - 140 NONE - - - 182 NONE F f , - - 186 NONE - - - 321 Audubon's Crested Caracara Polyborus plancus audubonii T T Beautiful Pawpaw Deeringothamnus pulchellus E E Burrowing Owl Speotyto cunicularia SSC - Curtis Milkweed Asclepias curtissii E - Fakahatchee Burmannia Burmannia flava E - Florida Black Bear Ursus americanus floridanus T - Florida Coontie Zamia floridana C - Florida Sandhill Crane Grus canadensis pratensis T - Gopher Frog Rana capito SSC - Gopher Tortoise Gopherus polyphemus SSC - Eastern Indigo Snake Drymarchon corals couperi T T Southeastern American Kestrel Falco sparverius paulus T - 411 Beautiful Pawpaw Deeringothamnus pulchellus E E Big Cypress Fox Squirrel Sciurus niger avicennia T - Eastern Indigo Snake Drymarchon corais couperi T T Fakahatchee Burmannia Burmannia flava E - Florida Black Bear Ursus americanus floridanus T - Florida Coontie Zamia floridana C - Florida Panther Felis concolor coryi E E Gopher Frog Rana capito SSC - Gopher Tortoise Gopherus polyphemus SSC - Red-Cockaded Woodpecker Picoides borealis T E Satinleaf Chrysophyllum oliviforme E - Southeastern American Kestrel Falco sparverius paulus T - Twisted Air Plant Tillandsia flexousa E - 500 American Alligator Alligator mississippensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T - Limpkin Aramus guarauna SSC - Little Blue Heron Egretta caerulea SSC - Reddish Egret Egretta rufescens SSC - Roseate Spoonbill Ajaia ajaja SSC - Snowy Egret Egretta thula SSC - Tricolored Heron Egrega tricolor SSC - 621 American Alligator Alligator mississippiensis SSC T(S/A) Everglades Mink Mustela vison evergladensis T - Florida Black Bear Ursus americanus floridanus T - Florida Panther Felis concolor coryi E E Gopher Frog Rana capito SSC - Limpkin Aramus guarauna SSC - Little Blue Heron Egretta caerulea SSC - Snowy Egret Egretta thula SSC - Tricolored Heron Egretta tricolor SSC - Wood Stork Mycteria americana E E G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Protected Species Survey-Update.doc ORANGE TREE ASSOCIATES Protected Species Survey Page 6 Table 1. (Continued) Protected species list according to FLUCCS category. FLUCCS Potential Listed Species Scientific Name Designated Status FWC or FDA FWS 624 American Alligator Alligator mississippiensis SSC "I(S/A) Everglades Mink Mustela vison evergladensis T - Florida Black Bear Ursus americanus floridanus T - Florida Panther Felis concolor coryi E E Gopher Frog Rana capito SSC - Little Blue Heron Egretta caerulea SSC - Snowy Egret Egretta thula SSC - Limpkin Aramus guarauna SSC - Tricolored Heron Egretta tricolor SSC - Wood Stork Mycteria americana E E 740 Burrowing Owl Speotyto cunicularia SSC Gopher Tortoise Gopherus polyphemus SSC 814 NONE - - - 830 NONE - - - Abbreviations: Agencies FWC=Florida Fish and Wildlife Conservation Commission FDA=Florida Department of Agriculture and Consumer Services FWS=United States Fish and Wildlife Service Status E=Endangered T=Threatened T(S/A)=Threatened/Similarity of Appearance SSC=Species of Special Concern C G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Protected Species Survey-Update.doc • . ORANGE TREE ASSOCIATES Protected Species Survey Page 7 Table 2. Birds, Mammals &Reptiles Observed on the Orange Tree Associates Property: Birds Common Name ScientWl nine Observation Listed? Status .: Type (Y/N) American Robin Turdus migratorius DV N - Belted Kingfisher Ceryle alcyon _ DV N - Black Vulture Coragyps atratus DV N - Blue Jay Cyanocitta cristata DV N - Boat-Tailed Grackle Quiscalus major DV N - Cattle Egret Bubulcus ibis DV N - Common Ground-Dove Columbina passerina DV N - Common Snipe Gallinago gallinago DV N - Double-crested Cormorant Phalacrocorax auritus DV N - Downy Woodpecker Picoides pubescens DV N - Eastern Meadowlark Sturnella magna DV N - Gray Catbird Dumetella carolinensis HV N - Great Blue Heron Ardea herodias DV N - Hairy Woodpecker Picoides villosus DV N - Killdeer Charadrius vociferus DV N - Loggerhead Shrike Lanius ludovicianus DV N - Mourning Dove Zenaida macroura DV N - Northern Bobwhite Colinus Virginianus DV N - Northern Cardinal Cardinalis cardinalis DV N - Northern Mockingbird Mimus polyglottos DV N - Pine Warbler Dendroica pinus DV N - Red-Bellied Woodpecker Melanerpes carolinus DV N - Southeastern American Kestrel Falco sparverius paulus DV Y T(FWC) Turkey Vulture Cathartes aura DV N - Mammals t Coti3ori Name Scientific Name Observation Listed? Status .. ,_ r ,. _; • : Type (Y/N) Raccoon Procyon lotor OT N - Big Cypress Fox Squirrel Sciurus niger avicennia DV Y T(FWC) Nine-banded Armadillo Dasypus novemcinctus OH N - Feral Pig Sus scrofa R N - Nile G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Protected Species Survey-Update.doc ORANGE TREE ASSOCIATES Protected Species Survey Page 8 Table 2. Cont: Reptiles Common Name Scientific Name Observation Listed? Stains Type (Y Brown Anole Anolis sagrei DV N - Brown Water Snake Nerodia taxispilota DV N - Southern Black Racer Coluber constrictor priapus DV N - Abbreviations: Agencies FWC=Florida Fish and Wildlife Conservation Commission Status T=Threatened Observations DV=Direct Visual HV=Heard Vocalization OT=Observed Tracks R=Rooting OH=Observed Hole C G:\HP Project Files\200's\292-A Orange Tree Commercial\Collier County EIS 2\Protected Species Survey-Update.doc • FLUCCS LEGEND Code Description 121 Medium Density Single Family Residential 129 Medium Density Residential Under Construction 140 Commercial Convenience Store 182 Valencia Golf Course 186 Community Facilities 321 Palmetto 110 411 Pine Flatwoods 500 Open Water 621 Cypress 624 Cypress-Pine-Cabbage Palm 121 740 Disturbed Lands 814 Entrance Roadway 710 830 Water Treatment Utility 121 an A in 1) Sao 1 in ui sm O 4111 .„ 6 4111111 HOOVER PLANNING & Land, Environmental & Tr 3785 Airport Road North, Sun • CCS LEGEND Description Medium Density Single Family Residential Medium Density Residential Under Construction Commercial Convenience Store Valencia Golf Course Community Facilities Palmetto Pine Flatwoods Open Water Cypress Cypress-Pine-Cabbage Palm Disturbed Lands Entrance Roadway 7,........... Water Treatment Utility ('ECTED SPECIES SURVEY LEGEND Fox Squirrel(1) Southeastern American Kestrel(2) Wood Stork(1) _, - )( A --� 129 ,I fl - — � 1 I/I� • ten, \��__ ' I L`-—\ ", 1 Al..! ,, „ , )., __ -,, . , ....,.. ..._ .40 \/ C / � t ri �;-cam-- , N / is<C---'-- I 502 I t ✓t �\ \\ L.�\ l \,- '� _) ' i ,�L \_..—_3+c --_-- '_-_-.' yes,, ```r'�f. "� �r 1�� `l✓�`t,'.' )4 ,e'''\... HOOVER PLANNING & Land, Environmental & Tr 3785 Airport Road North, Suis XZ1--- o• 0 0 c r t71.71 g w ¢ iI > I11;11, g g 0CD Z allo Ro , " d 't:2• P < --) g § mit 0 o� g a � Po ...-.•"7--.:11A ~ cA a o � 11J a gj 2 g g g Z g g o • g? x"' g g to OM 07 _ l � O_ c:., 'ri IF o o 0 a V)) N g 0 N Pd A Woo z b %ao co R g ift. 41 n pd N A m v C3 dr , RI W A t r--^ 4 � o4 , _ Om litP if Alka rrl g o L r 9 ti 1, � o N ._: N &O � O0IlMi 000 ::::::.::::::! .3 ( wrm as m m 3 a n m b.'F1/ vN N �CC-no 3 - 9 3 3 .. G) m m N N Ot J F zm Oisikc ) 9.)..,P,'r;s• 5: 1 0 -. 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U -- EAC Meeting November 3 , 2004 Orangetree PUD Traffic Planning FLUCCS MAP PUDZ-PL2003 0003608 The map is too large to scan, but can be found: Board's Minutes and Records Dept. 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida EAC Meeting November 3 , 2004 Orangetree PUD Protected Species Survey FLUCCS MAP PUDZ-PL2003 0003608 The map is too large to scan, but can be found: Board' s Minutes and Records Dept. 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida i1 EAC Meeting November 3 , 2004 Orangetree PUD Valencia Lakes Topographic Map PUDZ-PL2003 0003608 The map is too large to scan, but can be found: Board's Minutes and Records Dept. 4th Floor, Building F 3299 Tamiami Trail East Naples, Florida