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EAC Agenda 07/18/1990 ENVIRONMENTAL ADVISORY COUNCIL AGENDA July 18, 1990 8:45 A.M. I. ROLL CALL II. APPROVAL OF MINUTES III. ADDENDA IV. STAFF REPORT A. PROPOSED ADMINISTRATIVE APPROVAL 1. PDA-90-4 : Donald A. Pickworth of Asbell, Hains, Doyle and Pickworth, P.A. , representing Westinghouse Communities of Naples, Inc. ; requesting a PUD Language Amendment to Pelican Bay PUD. 2 . PU-90-10: H & D Communications, Limited Partnership; requesting a provisional use Section 8. 10 of RMF-6 zoning district for a communications tower. 3 . PU-90-11: Ed Key of Consoer, Townsend and Associates, representing Collier County Utilities Division; requesting a provisional use "b" of Section 8. 10 for water pumping. 4 . R-90-21: Dr. Neno J. Spagna of Florida Urban Institute, Inc. , representing The Salvation Army; requesting a zoning change from RMF-6 and C-5 to PUD for a Community Service Center. 5. R-90-19 : Pamela S. Mac'Kie of Cummings and Lockwood, representing Astron Development of Naples, Inc. ; requesting a zoning change from Estates to PUD, "Astron Plaza" . 6. R-90-24 : Robert L. Duane, of Hole, Montes and Associates, Inc. , representing the Creek Orthodox Church of Naples and Vicinity; requesting a zoning change from A-2 to PUD, "Greek Orthodox Church of Naples PUD" . V. OLD BUSINESS VI. PUBLIC HEARINGS A. R-90-11: Robert L. Duane, AICP of Hole, Montes, and Associates, Inc. , representing Global Investors, Inc. ; requesting a zoning change from RMF-6 and C-3 to RMF-12 . B. R-90-17: Robert L. Duane, AICP of Hole, Montes & Associates, Inc. , representing John J. Nevins, as Bishop of the Diocese of Venice, a Cooperation Sole; requesting a zoning change from A-2 to PUD for church facilities, "St. John the Evangelist Catholic Church. " C. R-90-22 : Thomas E. Killen of the Killen Group, representing Dev-Tech Corporation, A Florida Corporation; requesting a zoning change from A-2 to C-4 . D. PU-90-13 : Donald A. Pickworth of Asbell, Hains, Doyle & Pickworth, P.A. , representing Island Marina, Inc. ; requesting a provisional use "b" of RT zoning for a marina. — E. R-90-13/PU-90-06: Thomas E. Kuck of Highway Pavers Inc. ; requesting a zoning change from A-1MH to A-2 and a provisional use "b" of A-2 for earth mining. VII. NEW BUSINESS A. Staff wishes direction in developing an interim policy for protection of manatee until such time as a manatee protection plan is adopted by Board of County Commissioners. VIII. DISCUSSION OF ADDENDA IX. ADJOURNMENT X. WORKSHOP ************************************************************* NOTES: A. Notify PROJECT REVIEW SERVICES (Environmental Staff) (643-8470) no later than 5 P.M. on Monday, July 16, 1990 if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. -2- B. Please refer to notice on first floor, Building F, for the location of the E.A.C. meeting. C. Items added after agenda was sent out. D. No action since last Council meeting. E. On January 7, 1987 the E.A.C. adopted a policy that any person addressing the E.A.C. on behalf of any organization must present a letter from said organization acknowledging them as a representative empowered to make policy related comments on that subject. ************************************************************* PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ********** *********** ********** ************************************************************* -3- DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Environmental Staff DATE: July 12 , 1990 RE: Collier County Growth Management Plan Conservation and Coastal Management Element, Objective 7 . 2 Status Nineteen manatee mortalities were recorded in Collier County waters in 1989 . Seventeen of these deaths occurred between January and October, seven being boat related per Marine Research Institute, St. Petersburg, FL. A report by Florida Department of Natural Resources (FDNR) stated that within the twenty months preceding August, 1989, twenty-eight manatee mortalities were recorded in Collier County. Fourteen of the aforementioned deaths occurred within seven months of the August, 1989 report (six of which were confirmed boat related) . Staff wishes direction in developing an interim policy until such time as a manatee protection plan is adopted by the Board of County Commissioners. Attached please find a FDNR recommended policy to act as an interim protection plan. BN/ew90-254 3ne cc: Chrono File EAC Binder John F. Madajewski, P. E. , Project Review Services Manager V A.1 i s a.+ DEPARTMENT OF NATURAL 'P " • :Marjory Stoneman Douglas Building • 3900 Commonwealth Bouleva Tom Gardner. Executive Director • Attachment D • November 2 , 1989 MEMORANDUM TO: Interested Parties FROM: Pamela P. McVety, Director Division of Marine Resources Donald Ellingsen, Director Division of Law Enforcement SUBJECT: Actions by the Governor and Cabinet or. Boating Safety and Manatee Protection Recommendations A summary of actions taken by the Governor and Cabinet at their October 24 meeting on our "Recommendations to Improve Boating Safety and Manatee Protection for Florida Waterways" is attached. If additional information or clarification is needed, please contact the Division of Marine Resources (904-488-6054 or Law Enforcement (904-488-5757) . Please note that the modecations noted by Cabinet Action are not included in our final repsrt, as presented for consideration at the October 24 meeting. • PM/dbg �1J�,, ` tip. Attachment l 1 Administration Beaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State Lands Bob Martinez Jim Smith Bob Butterworth Gerald Lewis Tom Gallagher Doyle Conner Betty Castor Governor Smeary of State AnorneyGeneral State Comptroller State Treasurer CommiuionerofAgriculture CommiuionerofEducadoo - =z� vacs z +a =-=��— __. �•e;.yy t�w+�rm_ `'_. BOATING SAFETY AND MANATEE PROTECTION RECOMMENDATIONS SUMMARY OF ACTIONS BY THE GOVERNOR AND CABINET • October 24, 1989 At their October 24 meeting, the Governor ar.d Cabinet unanimously approved the Department of Natural Resources recommendations to improve boating safety and manatee protection for Florida waterways, with several modifications. DNR RECOMMENDATION: CABINET ACTION: 1. Boatina Safety -- Conceptual approval to proceed with legis- lative proposals for: a. Max 40-mph daytime speed Approved, after reducing limit for marked navigation to 35-mph channels. b. Max 30-mph nighttime speed Approved, after reducing limit for all waters . to 20-mph c. Vessel operator licensing. Approved d. "In rem" enforcement. Approved e. Max horsepower/load restric- Approved tions . f. D.U. I . repeat offender Approved provisions. g. Mandatory boating safety Approved education. h. Formation of Boating Educa- Approved ticn Unit. i. Added Marine Patrol Officers Approved and support staff. 2 . Manatee Protection -- Conceptual approval to proceed with legislative proposals for: a. Amendments to the Florida Approved Manatee Sanctuary Act to increase protection for - habitat, to protect manatees from harmful acts, and to authorize local governments to protect manatees through local ordinances. b. Increased staff for the Approved manatee protection program. 3 . Boatina Safety and Manatee Protection -- Conceptual approval to proceed Approved with legislative proposals for increased funding. • • BOATING SAFETY AND MANATEE PROTECTION RECOMMENDATIONS SUMMARY OF ACTIONS BY THE GOVERNOR AND CABINET October 24, 1989 r At their October 24 meeting, the Governor and Cabinet unanimously approved the Department of Natural Resources recommendations to improve boating safety and manatee protection for Florida waterways, with several modifications. DNR RECOMMENDATION: CABINET ACTION: 1. Boatir.c Safety -- Conceptual approval to proceed with legis- lative proposals for: a. Max 40-mph daytime speed Approved, after reducing limit for marked navigation to 35-mph channels. b. Max 30-mph nighttime speed Approved, after reducing limit for all waters. to 20-mph c. Vessel operator licensing. Approved d. "_n rem" enforcement. Approved e. Max horsepower/load restric- Approved tions . f. D.U.I . repeat offender Approved provisions. g. Mandatory boating safety Approved education. h. Formation of Boating Educa- Approved ticn Unit. i. Added Marine Patrol Officers Approved and support staff. 2 . Manatee Protection -- Conceptual approval to proceed with legislative proposals for: a. Amendments to the Florida Approved Manatee Sanctuary Act to increase protection for habitat, to protect ' manatees from harmful acts, and to authorize local governments to protect manatees through local ordinances. b. Increased staff for the Approved • manatee protection program. 3 . Boatina Safety and Manatee Protection -- Conceptual approval to proceed Approved with legislative proposals for increased funding. TENTATIVE RULEMAKING SCHEDULE 13 Key Manatee Protection Counties County choice of protection December 26, 1989 options due Staff review; meetings as needed December 27 , 1989 - January 10 , 1990 Draft rule; internal legal review; DNR final review Thru January 19 , 1990 Incorporate final revisions January 22 - 24 , 1990 To Florida Administrative Weekly January 25, 1990 Publication in Florida Administrative Weekly February 2, .1990 End of 21-day comment period February 23 , 1990 Public hearings, if requested February 26 - March 14, 1990 Agenda items due March 23 , 1990 Cabinet aides review April 4, 1990 Cabinet meeting (adoption April 12, 1990 consideration) Projected e: _ective date May 2 , 1990 • { r--- s STATE OF FLORIDA DEPARTMENT OF NATURAL RESOURCES Marjory Stoneman Douglas Building. 3900 Commonwealth Boulevard •Tallahassee, Florida 32399 Tom Gardner. Executive Director f January 18, 1990 .a, Mr. Jim Burch JAN 24 2990 Collier County Natural Resources I I D I I RESOURCES Management NAT 3301 Tamiami Trail East MANAGEMENT 1T Naples, FL 33942 Dear Mr. Burch: You requested clarification on the boating facility expansion policy, adopted by the Governor and Cabinet on October 24, 1989 . The boating facility expansion policy, limiting new or expanded boating facilities to one powerboat slip per one hundred linear feet of shoreline, will automatically be applied to projects involving state owned submerged lands in the thirteen key manatee protection counties. The Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement Trust Fund, make decisions regarding the leasing of state owned lands. The boating facility expansion policy has now been incorporated into that process . While the boating facility expansion policy of the Governor and Cabinet does not automatically apply to the permitting decisions of other state agencies or local government (whether the project is on private or state owned submerged lands) , we encourage governmental entities to take all possible steps to protect the endangered manatee, including consistently applying the boating facility expansion policy in permit decisions. Sincerely, 7c-) Pamela P. McVety, Director Division of Marine Resources PPM/klc I Y moi• a I ti Administration Beaches and Shores Law Enforcement Marine Resources Recreation and Parks Resource Management State Lands Bob Martinez Jim Smith Bob Butterworth Gerald Lewis Tom Gallagher Doyle Conner Betty Castor Governor Secretary of5am te Attorney StateCompaTe olkr State COMMilSICMICT Of Agricukure Commissioner ofEducation L POLICY 6 . 8 . 1 All requests for land development within 1000 feet of natural reservations shall be reviewed as part of the County' s development review process to insure no unacceptable impact to the natural reservation. 6 . 8 . 2 Criteria contained in applicable objectives and policies of this element shall apply to development near natural reservations . GOAL 7 • *The County shall protect and conserve its fisheries and wildlife. DB1EC11vit • 7.1 . The County shall continue. to improve marine ficopries productivity by building additional reefs. POLICY 7.1 . 1 By January 1 , 1992 , the County shall build an additional three artificial reefs 7 . 1 . 2 The County will coordinate its activities with the Florida Departmp-qt of Natural Resources , - the Marine Extension Office and other appropriate agencies . OBJEL•rivE 7 .2 By January 1 , '1990 , West Indian Manatee deaths shall -note exceed the 5-year average of 1983 through 1987 of 11 deaths . POLICY • 7 . 2 .1 Characterize and map designated critical manatee critical habitats and evaluate areas of greatest potential threats . • 7 .2 .2 Establish restricted boat speed zones, channelized zones or route boat traffic around in areas where the greatest threat to injury of -manatees is from boats . 7 . 2.3 In order to protect manatees, marinas shall be discouraged in designated-manatee critical habitat unless other protective measures are provided. (Reference Policy 11.1.5) . C-I-20 ;3 . e '` 7 .2 .4 The County will work with appropriate state and federal agencies to identify areas where propeller driven boats will be prohibited. Y OBJECTIVE • - 7 .3 By January 1 , 1992 , the County shall develop and implement programs for protecting fisheries and other animal wildlife . 1 POLICY 7 . 3 . 1 The County shall to continue to enforce its existing - sea turtle protection ordinance which provides . . . standards-.for shielding outdoor lighting, protecting nests from surrounding construction activities , and - .relocating nests. 7 :3.2 :Prepare _ guid-e.-:for_homeowners and builders which =: -explains_-_the need mor- protecting- sea _turtles -and -how - this -can .be accomplished. - " 7_.3.3 .By -the time mandated mor the adoption of land • development regulations pursuant to Chapter 163 .3202 , F. S . , including any amendments thereto, the County will prepare management guidelines to be incorporated (l - as stipulations for land development orders and to — inform land owners and the general public of proper practices to reduce disturbances to eagle nests , red- cockaded woodpecker and wood stork hshitat. .By - - January 1 ; =1992,--the-Cozurty will-prepare management - 4 guidelines .for other _species of special status . y -- . 7--34 _:Until management --guidelines are -prepared, --the _County ' - } will apply applicable Florida Game and- Fresh Water II Fish Commission protocols and U.. -S. Fish. and WIldlife Service federal guidelines regarding the protection of • a- species of special status as stipulations to Iii development orders. ; , 7 .3 . 5 The County' s policy is to protect gopher tortoise burrows wherever they are found it is recognized, • - 01 however, that there will be unavoidable conflicts which will require relocation of burrows. The • suitability of alternate sites should be evaluated as _ to: ' r A. physical suitability of the site , 111 B. long-term protection, _ C. conflicts with other management objectives for the rs' land, and D. costs of relocation. t.:i:s...:.:.,._.:.,..i.. :a - C-I-21 . . -� ii (t- ' based on type of water-dependent use, adjacent land use, and surrounding marine and upland habitat considerations. s POLICY 1 11.1 .1 Priorities for water-dependent uses shall be: S A. Public Boat Ramps rB . Marinas 1 . commercial (public) marinas over private marinas I . drystorageover wet storage , . ':C. Commercial _fishing facilities M. .- Other_non-pollmtingwater-dependent •±ndustries I _or-utilities . ' 11.1 . 2 No dee-p--rater parts shall be allowed. 11 . 1 . 3 Priorities for water-related uses shall be : rli: A. Recreational facilities B . Marine supply/repair facility IC. Residentialdevelopment II, 1 . 4 _The_.following .priority ranking for .siting�-af " il - - . shoreline -development and the •resultant. destruction o.r disturbance of native -:vegetative communities for . - - •water dependentfwater _related land uses shall apply: A. areas presently developed, B. disturbed uplands, C. disturbed freshwater wetlands , D. disturbed marine wetlands, _ E. viable , unaltered uplands, F. viable, unaltered freshwater wetlands,. - G. viable , unaltered marine wetlands. 11.1. 5 In order to protect manatees , marinas shall be I; discouraged in designated manatee critical habitat C-I-29 PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 7/18/1990 Petition: PDA-90-4: Donald A. Pickworth of Asbell, Hains, Doyle and Pickworth, P.A. , representing Westinghouse Communities of Naples, Inc. ; requesting a PUD Language Amendment to Pelican Bay PUD. Considerations: Environmental staff has no objections to PDA-90-4 as proposed. Recommendations: Administrative approval of petition PDA-90-4 is recommended. PREPARED BY: / /L I.)1, - DATE: L¢/�c-' BARBARA N. PRYNOSKI ENVIRONMENTAL SPECIALIST II REVIEWED BY: DATE: /7 /9d IC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: .DATE: JOHN F. MADAJEWSKI, P. E. PROJECT REVIEW SERVICES MANAGER PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 7/18/1990 I. Name of Petitioner/Project H & D Communications, Limited Partnership/Communications tower, Petition No. PU-90-10 II. Location: The project is located in the northeast 1/4 of the northwest 1/4 of the northeast 1/4 of Section 17, township 50 South, Range 26 East, bounded on the south side by Whitaker Road and on the east side by a private driveway. III. Project Description: The petitioner is requesting a provisional use Section 8 . 10 of RMF-6 zoning district to construct a communication tower. The proposed tower would be 393 feet tall with three guy wires. A proposed one story building (12 feet x 20 feet) would be constructed south of the tower. Currently a 313 foot tower and guy wires exists on-site with a one story building 12 feet by 20 feet. The areas for proposed new construction have been cleared for placement of the new tower and guy wires therefore there should be no additional impact to the site. The property is heavily forested with slash pine which make up approximately seventy-five percent (75%) or greater of the canopy on site. Scattered cypress trees dahoon holly and saw palmetto were observed on-site. Many cypress stumps were observed along with older trees which indicates that in previous years this area may have been a healthy wetland. IV. Recommendations The staff does not believe the addition of a second tower and building will negatively affect the site. EAC members reviewed this petition at May 16, 1990, EAC Meeting. Therefore staff recommends petition PU-90-10 be administratively approved subject to the following stipulations: Staff Report PU-90-10 EAC Meeting 6/27/90 Page 2 1. Petitioner shall designate all existing native vegetation outside of the approved construction envelope as a natural vegetation buffer on all future site plans submitted to the County for approval. 2 . Petitioner shall remove all exotic vegetation as defined by Ordinance 82-37 and by approved County methodology prior to issuance of certificate of occupancy's for the communication tower. No protected trees as defined by Ordinance 75-21 may be removed to facilitate exotic removal. PREPARED BY: 15ebetbo a xf /_,hie,BO ATE: 1p/7/9a BARBARA S. BUROESON ENVIRONMENTAL SPECIALIST I REVIEWED BY: lj( f DATE: 4 9?) ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: ,ii ' / ` DATE: b/// 40 OHN . MADAJJ SKI, P. E. 'ROJECT REVIE! SERVICES MANAGER staff report, PU-90-10 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 7/18/1990 Petition: PU-90-11: Ed Key of Consoer, Townsend and Associates, representing Collier County Utilities Division; requesting a provisional use "b" of Section 8 . 10 for water pumping. Considerations: The 2 . 25 acre tract is located at the south end of 7th Street Southwest, along the Golden Gate Canal, on the west side. The proposed use is for raw water booster pumping station. The subject lands have been previously cleared. There are several slash pine (Pinus elliottii) growing along the northern boundary and top of the canal bank. This project can be constructed without disturbing the pines on the property and the wetlands areas north of the property. Recommendations: Considering the above, staff recommends administrative approval of petition PU-90-11 subject to the following stipulations: 1. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 2 . Petitioner shall comply with Collier County Growth Management Plan - Conservation and Coastal Element Policy 6. 4 . 7, Ordinance No. 82-2 as amended by Ordinance 89-57, and Ordinance No. 75-21 as amended by Ordinance No. 89-58 . The naturally functioning vegetation to be retained on site shall include all the slash pines. 3 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . / Q PREPARED BY: / - 1 =fit„ DATE: 7,, ?O KIMBERL POLEN ENVIRONMENTAL SPECIALIST II REVIEWED BY: DATE: 7 /6 / ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: i DATE: /g/ifl) JOHN F. MADAJEWSKI, P. E. PROJECT REVIEW SERVICES MANAGER PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 7/18/1990 I. Name of Petitioner/Project R-90-21: Dr. Neno J. Spagna of Florida Urban Institute, Inc. , representing The Salvation Army; requesting a zoning change from RMF-6 and C-5 to PUD for a Community Service Center. II . Location: The project is located near the southwest corner of Airport Road and Estey Avenue. It is bounded to the east and south by commercial property and by residential property to the north and west. III. Project Description: The petitioner is requesting a zoning change from RMF-6 and C-5 to PUD for a Community Service Center. The property will be developed in two phases. The first phase is to construct a multi-family housing facility and a thrift store. In Phase two a family oriented community chapel, recreational facilities and an educational facility will be constructed. The property is currently unused. The abandoned single story building located on-site will be removed. Vegetation on site is sparse and contains a large percentage of non-native species. Less than a dozen pine trees and cabbage palm were observed on the subject property with oak trees along the western boundary. Non-native trees located on site included rubber plant (Ficus elastica) , woman's tongue-tree (Albizia lebbeck) , castor bean (Ricinus communis L. ) , mango (Mangifera indica) and ficus trees (Ficus benjamina) . IV. Recommendations Staff has no environmental concerns regarding the rezoning of the aforementioned property. Therefore staff recommends petition R-90-21 be administratively approved subject to the following stipulations: 1. Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . ..-. Staff Report R-90-21 EAC Meeting 6/27/90 Page 2 2 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of prohibited Exotic Species) . 3 . Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . PREPARED BY: La,fj,1 C. SCJ /jGG? DATE: 1:/O(> BARBARA S. BU ESON ENVIRONMENTAL SPECIALIST I i REVIEWED BY: �, (� DATE: G 1/4' /?D ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: / _ .1` A7, �_ - " DATE: 61111V IOHN . MADA ,1 WSKI, P. E. PROJECT REVI SERVICES MANAGER staff report, R-90-21 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 7/18/1990 Petition: R-90-19: Pamela S. Mac'Kie of Cummings and Lockwood, representing Astron Development of Naples, Inc. ; requesting a zoning change from Estates to PUD, "Astron Plaza" . Considerations: 1. Location/Proposed Uses The subject property is within the Pine Ridge/I-75 Activity Center (Collier County Growth Management Plan) at the corner of Pine Ridge Road and Oaks Blvd. The site is 7. 6 ± acres (400± ft. x 850± ft. ) located in Section 17, Township 49 South, Range 26 East, Collier County, Florida. The site is bordered by Pine Ridge Road to the north, Oaks Boulevard to the east, 10th Ave. S.W. to the south and the D-2 Canal adjacent to I-75 to the west. Elevations range from approximately 11. 0 feet N.G.V.D. to 12 . 0 feet N.G.V.D. Existing drainage is the D-2 Canal (Source: Coastal Engineering) . Petitioner proposes segmenting the 7. 6± acres into four parcels. One parcel will initially be utilized for an interim wastewater treatment plant until County sewage collection becomes available. The remaining three parcels are intended to provide office facilities to the professional community. A dry retention area is proposed in the western portion of the site and a drainage swale is proposed along the southern boundary, within the proposed thirty foot landscape buffer. 2 . Site Description/Vegetation/Wildlife A site visit was conducted on August 24, 1989 by Joseph Delate and Barbara Prynoski of Collier County accompanied by Susan Davis of Coastal Engineering Consultants, Inc. A second site visit was conducted on May 22, 1990 by Kimberly Polen of Collier County Project Review Services. Staff Report R-90-19 EAC Meeting 7-18-90 Page 2 The site is primarily upland. Only the northeast corner contains the remnants of a wetland area. The northeast corner is dominated by slash pines, (Pinus elliottii, var. densa) , having an understory of occasional cypress (Taxodium distichum) , dahoon holly (Ilex cassine) , saw palmetto (Serenoa repens) , muscadine grape vine (Vitis rotundifolia) , poison ivy (Toxicodendron radicans) , and graminoids. Lichen lines were at ground level. Upland vegetation on site consists of a dense to open slash pine canopy with an understory/shrub layer consisting of cabbage palm (Sabal palmetto) , saw palmetto, dahoon holly, wax myrtle (Myrica cerifera) , rusty lyonia (Lyonia ferruginea) , winged sumac (Rhus copallina) , and strangler fig (Ficus aurea) . Groundcover consists primarily of graminoids, muscadine grape vine, greenbriar (Smilax laurifolia) , poison ivy, and pine needles. Brazilian pepper (Schinus terebinthifolius) was noted in the northeast corner and along the canal border. The site is not heavily impacted by exotic vegetation. Golden polypody (Phlebodium aureum) and wild pine (Tillandsia fasciculata) occur on site. Both are listed as protected species by the Florida Department of Agriculture (FDA) . The southern boundary, where a thirty (30) foot landscape buffer is proposed (as one moves from the southwest to the southeast) changes from an area with an open canopy with cabbage palm, saw palmetto, rusty lyonia, and muscadine grape vines, to an area with a slash pine canopy, saw palmetto, wax myrtle, muscadine grape vines, and graminoids with occasional dahoon holly and buckthorn (Bumelia rectinata) . Staff feels that the saw palmetto clusters are important to retain and incorporate in the proposed landscaping. Recommendations: Considering the above, staff recommends administrative approval of petition R-90-19 subject to the following stipulations: 1. Petitioner shall be subject to Ordinance 75-21 as amended by Ordinance No. 89-58 and Ordinance No. 82-2 as amended by Ordinance No. 89-49 (Preservation of Native Habitat and Tree Removal Permit) . Preservation of vegetation shall be subject to the following: Staff Report R-90-19 EAC Meeting 7-18-90 Page 3 a. Retention of existing native vegetation in the green space areas and landscaping. Specifically, saw palmetto clusters shall be utilized in landscaping. b. Native woody vegetation harboring protected epiphytes that cannot be retained shall be incorporated into the southern 30 foot buffer or landscaping by transplanting. In addition, native woody vegetation > 6 foot in height shall be transplanted to meet County landscaping requirements and to obtain the required 80% buffer opacity. c. A thirty (30) foot native species vegetative buffer along the entire southern boundary shall extend to the southeast corner and taper off along the east, southeast boundary. The thirty (30) foot native species vegetative buffer shall be retained, enhanced and maintained. Any areas of vegetation within the buffer zone that must be impacted due to the proposed drainage swale shall be compensated for by increasing the buffer zone area 1: 1. 2 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . Prior to the Final Plat approval, an Exotic Removal Maintenance and Monitoring Program shall be submitted and approved by the Project Review Services Environmental Staff. PREPARED BY: ///, )cru/cx.' DATE: 7/ 7 BARBARA N. PRYNOSKI ENVIRONMENTAL SPECIALIST II PREPARED BY: ?7 "67/ A DATE: / v KIMBERLY . POLEN ENVIRONMENTAL SPECIALIST II REVIEWED BY: (cy,c�c__,D , V A,,te. rti DATE: 7 /00 ERIC D. WORSHAM CHIEF ENVIRONMENTAL SPECIALIST � fi REVIEWED BY: r= ��" DATE: 7 , � /�J / ' v JOHN F. MADAJEWSKI P. E. PROJECT REVIEW SERVICES MANAGER Staff Reports, R-90-19 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 7/18/1990 Petition: R-90-24 : Robert L. Duane, of Hole, Montes and Associates, Inc. , representing the Creek Orthodox Church of Naples and Vicinity; requesting a zoning change from A-2 to PUD, "Greek Orthodox Church of Naples PUD" . Considerations: The proposed project is located at the southwest corner of Emerald Lakes Drive and Airport Road, North. The 5. 1 acre site is currently zoned A-2 and occupied by a nursery (Gladeland Orchids) . This site has been previously cleared. Along the western and southern boundaries there are many Brazilian pepper (Schinus terebinthifolius) . In the central portion of the site there are two slash pine (Pinus elliottii) , of which one is dead and the other heavily surrounded by Brazilian pepper. Recommendations: Considering the above staff recommends administrative approval of petition R-90-24 subject to the following stipulations: 1. Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . 2 . Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 3 . Petitioner shall comply with Ordinance No. 82-37 as amended by Ordinance No. 89-53 (Removal of Exotic Species) . 4 . Petitioner shall be subject to the Collier County Comprehensive Plan Conservation and Coastal Management Element Policy 12 . 1. 3 (discovery of an archaeological or historical site, artifact or other indicator of preservation) . 5. Petitioner shall obtain and submit documentation of all necessary local, state and federal permits. Staff Report R-90-24 EAC Meeting 7/18/90 Page 2 6. In the event active protected species foraging habitat, nests or burrows are encountered during development activities, the Collier County Project Review Services shall be notified immediately and project designs may be adjusted, if warranted. (Collier County Comprehensive Plan Conservation and Coastal Management Element Policy 6. 3 . 4) 7 . Protected plant species sighted during development activities shall be protected from injury or relocated on site, preferably to preserve or landscape areas. The existing locations as well as the transplanting locations, if warranted, shall be identified on the site plan. PREPARED BY: p%. DATE: /Q Q KIMBERLY . POLEN ENVIRONMENTAL SPECIALIST II REVIEWED BY: �,�.__DATE: 7/0190 ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: t i, 'yv . �a DATE: 7/``/fl JOHN F. MADA3EWSKI, P. E. PROJECT REVIEW SERVICES MANAGER Staff Reports, R-90-24 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 7/18/1990 Petition: R-90-11: Robert L. Duane, AICP of Hole, Montes, and Associates, Inc. , representing Global Investors, Inc. ; requesting a zoning change from RMF-6 and C-3 to RMF-12 . Considerations: Location/Proposal: The subject property is a 2 .73 acre tract located approximately seven hundred fifty (750) feet west of Vanderbilt Drive on the north side of Bluebill Avenue. The tract presently contains two RMF-6 lots and one lot zoned C-3 . The petitioner is proposing to rezone the entire tract to RMF-12, with twenty-four (24) residential units. Site Description/Vegetation: The majority of the site, approximately fifty-three percent (53%) , contains xeric scrub oak habitat consisting of oak (Quercus spp. ) , rosemary (Ceratiola ericoides) , prickly pear cactus (Opuntia spp. ) , wild pine (Tillandsia spp. ) , gopher apple (Licania michauxii) , blazing star (Liatris spp. ) and spike moss (Selaginella spp. ) . Approximately ten percent (10%) of the site, along the southern boundary, consists of mostly open sandy areas with clumps of sea oats (Uniola paniculata) in between. The remaining thirty-seven percent (37%) of the site has a slash pine (Pinus elliottii) canopy, a saw palmetto (Serenoa repens) and rusty lyonia (Lyonia ferruginea) midstory, with a herbaceous ground cover. Six (6) gopher tortoise burrows were located on site within scrub oak clusters. As a result, protected gopher tortoise and commensal species may also occur on site. Several blazing star perennials, which are listed as Endangered by the Florida Department of Agriculture and USFWS, where found scattered within the scrub oak community. Comments and Conclusions: In compliance with the Preservation of Native Habitat and Tree Removal Permit staff suggested that the retention area should be located to the west, along Neptune Avenue so as to avoid the high scrub ridge. Staff also suggested that all the units be placed on stilts to provide for parking under each unit; therefore reducing the amount of impacts and providing additional open space. Staff Report R-90-11 EAC Meeting 7/18/90 Page 2 In order to protect preserve area ground cover, staff recommends landscape buffers and fences be placed around the xeric-oak scrub preserves. Any selected landscape plants should be adapted to very xeric conditions and acidic soils. Mulch paths may also be used to reduce groundcover disturbance from pedestrian traffic. Recommendations: Considering the above staff recommends approval of Petition R-90-11 subject to the following stipulations: 1. Petitioner shall comply with Ordinance No. 82-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping) . 2 . Petitioner shall comply with Ordinance No. 75-21 as amended by Ordinance No. 89-58 (Preservation of Native Habitat and Tree Removal Permit) . The preservation of vegetation to be retained on site, as indicated on the revised site plan (3/90) , shall include the following: a. Two xeric-oak scrub preserves that together comprise at least three fourths (3/4) of an acre for gopher tortoise habitat. [Prior to Final Site Development Plan approval the preserves shall be flagged by the Petitioner and field verified by County Environmental Staff. ] b. Retention of existing native vegetation in the green space areas and landscaping. Specifically, rosemary and saw palmetto clusters shall be utilized in landscaping. c. Oaks with a four (4) inch or greater diameter at breast height that cannot be retained shall be incorporated into open space or landscaping by transplanting. d. To minimize the impacts to the xeric-oak scrub preserves, landscaped buffers or fences shall be placed around the preserves. Staff recommends the following landscape plants: sand pine, sand live oak, myrtle oak, Chapman's oak, turkey oak, saw palmetto, rosemary, rusty lyonia, stagger bush, hog plum and prickly pear cactus. Any proposed pedestrian traffic should be confined to mulched pathways. Staff Report R-90-11 EAC Meeting 7/18/90 Page 3 e. Dry retention areas shall be used for water management to preserve as much of the native habitat as possible. 3 . Prior to Final Site Development Plan approval petitioner must submit documentation of a current Florida Game and Fresh Water Fish Commission Tortoise Relocation Permit for on site gopher tortoise relocation to the designated scrub preserve areas. 4 . Endangered and/or threatened plant species in the construction area/clearing area shall be transplanted to preserve areas on-site prior to the commencement of construction. These species include scrub blazing star and woody vegetation containing protected epiphytes. 5. Petitioner shall be subject to the Collier County Growth Management Plan - Conservation and Coastal Management Element Policy 12 . 1. 3 (Discovery of an Archaeological site or historical site, artifact or other indicator of preservation) . • PREPARED BY: /if? DATE: 7 /D 7 KIMBER/1/J. POLEN ENVIRO MENTAL SPECIALIST II /REVIEWED BY: 4IC � DATE: 7; 470 WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: )6L-1:4? A141;44414DATE: 7blitio JOHN 'F. MADAJEWSKI, P. E. PROJECT REVIEW SERVICES MANAGER Staff Reports, R-90-11 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 7/18/1990 Petition: R-90-17 : Robert L. Duane, AICP of Hole, Montes & Associates, Inc. , representing John J. Nevins, as Bishop of the Diocese of Venice, a Corporation Sole; requesting a zoning change from A-2 to PUD for church facilities, "St. John the Evangelist Catholic Church. " Considerations: Petitioner requests a zoning change for development of a one thousand (1000) seat church, a parish hall, and a rectory on a 14 . 9 acre site located on Bluebill Avenue. The subject property is bounded on the north by land zoned A-2, on the east by Naples Park Elementary, on the west by Naples Memorial Gardens, and on the south by Bluebill Avenue. The southern one-quarter (1/4) of the site is primarily dominated by such canopy species as slash pine (Pinus elliottii) and melalueca (melalueca leucedendra) , with much of the understory consisting of wax myrtle (Myrica cerifera) . Ground cover includes such species as swamp fern (Blechnum serrulatum) , blue maidencane (Amphicarpum muhlenbergianium) and St. Johnswort (Hypercium spp. ) . The northern three quarters (3/4) of the site is more xeric with slash pine being the only canopy species. Sand live oak (Quercus geminata) , rusty lyonia (Lyonia ferruginea) , saw palmetto (Serenoa repens) and rosemary (Ceratiola ericoides) comprise the understory species. Wiregrass (Aristida stricta) is the primary ground cover with areas of gopher apple (Licania michanuxii) . Active gopher tortoise (Gopherus polyphemus) burrows are located throughout the northern three-quarters (3/4) of the site. Gopher tortoises are listed as a species of special concern by the Florida Game and Fresh Water Fish Commission (FGFWFC) . Recommendations: Areas of particular environmental sensitivity and concern have been located on site and the proposed development impacts and appropriate mitigative actions acknowledged. Staff therefore recommends approval of petition R-90-17 subject to the following stipulations: 1. A minimum of 4 . 1 acres of xeric preserve shall be designated and buffered from adjacent buildings via a fence and/or a native landscape hedge. Preserve areas adjacent to the northern water retention area will not require such a buffer, although such native landscaping is permissible. Staff Report R-90-17 EAC Meeting 7/18/90 Page 2 2 . Pursuant to Goal 6, Objective 6.2, Policies 6.2 . 2 , 6.2 .7, 6. 2 . 9 , 6. 2 . 13 and 6.2 . 14 of the Collier County Growth Management Plan, Conservation and Coastal Management Element, there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands. In accordance with these policies a minimum of 0.9 acre of wetland mitigation shall be performed within the two water retention areas via the creation of littoral shelves and the planting of appropriate wetland species. 3 . A wetland mitigation plan shall be submitted to Project Review Services and reviewed, modified if necessary, and approved prior to approval of the final site development plan (SDP) and landscape plan. The mitigation plan shall be detailed in plan view and cross section on the landscape plan. Installment of the mitigation shall be completed prior to issuance of the certificate of occupancy. 4 . Language for the "General Development Requirements" within the planned unit development (PUD) document for "Retention and Preserve Areas and Uses" shall read as follows: Nature trails and picnic areas are permissible subsequent to mulching the area of intended use. No permanent structure of any type is permitted. 5. Only the required amount of parking shall be permitted for final site development plan approval. 6. A gopher tortoise retainment and/or relocation plan approved by the Florida Game and Fresh Water Fish Commission shall be in-hand at the pre-construction meeting. PREPARED BY: /a, (.COQ,4F DATE: 7�/�/ q� FREY A. ADAIR ENVIRONMENTAL SPECIALIST I REVIEWED BY: L ILL/(6.4,,- DATE: '7 A/JfO ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST V • l �� 4 DATE: ~? l) REVIEWED BY: � '�.�. �'`� ,, �� /rI l JOHN F. MADAJEWSKI, P. E. PROJECT REVIEW SERVICES MANAGER Staff Report, R-90-17 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 7/18/1990 Petition: R-90-22 : Thomas E. Killen of the Killen Group, representing Dev-Tech Corporation, A Florida Corporation; requesting a zoning change from A-2 to C-4 . Considerations: Petitioner requests a zoning change for development of a 10, 800 square foot office building on a 0. 94 acre site located on the north side of Walkerbilt Drive approximately 0. 1 mile west of U. S. 41. The Subject property is bounded on the north and west by land zoned PUD and partially under development, bounded on the east by land zoned C-4, and on the south by Walkerbilt Drive. The entire site constitutes a scrub oak community consisting predominately of myrtle oak (Quercus mystifoli) , rusty lyonia (Lyonia ferruginea) , and saw palmetto (Serenoa repens) , with areas of gopher apple (Licania michauxii) and hypericum (Hypericum spp. ) . One gopher tortoise (Gopherus polyphemus) burrow was located on site during staff's site visit. The gopher tortoise is listed as a species of special concern by the Florida Game and Fresh Water Fish Commission (FGFWFC) . Recommendations: Because of the small size of the site and the proposed land use there are few design modifications which will significantly aid in the preservation of natural vegetation and wildlife on site. However, the petitioner has agreed to minimize impact to the environment to the extent possible. Staff therefore recommends approval of petition R-90-22 subject to the following stipulations: 1. Parking in addition to the number of spaces required by the Zoning Ordinance shall not be permitted. 2 . Upon submittal of the site development plan (SDP) a gopher tortoise survey shall be completed according to the FGFWFC "Wildlife Methodology Guidelines" , as well as a retainment or relocation plan. Staff Report R-90-22 EAC Meeting 7/18/90 Page 2 3 . All oaks greater than five (5) feet in height shall be flagged and indicated on the SDP. These oaks shall be either retained or relocated on site to be credited towards required project landscaping. Applicant shall use a temporary irrigation system to enhance the probability of survival for those transplanted. It may be necessary to purchase additional scrub oaks to complete required project landscaping. 4 . Petitioner shall comply with Ordinance Nos. 75-21 and 82-37, and their amendments, which address the tree removal permit and the removal of exotic species respectively. PREPARED BY: / I , 04.4 DATE: 7//C/q0 Y A. ADAIR NVIRONMENTAL SPECIALIST I I REVIEWED BY: ul(o_r1,/, DATE: 7/40/70 ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST REVIEWED BY: 4, , a DATE: ,/4If JOHN F. MADAJEWSKI, P. E. ' PROJECT REVIEW SERVICES MANAGER Staff Report, R-90-22 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 7/18/1990 Petition: PU-90-13 : Donald A. Pickworth of Asbell, Hains, Doyle & Pickworth, P.A. , representing Island Marina, Inc. ; requesting a provisional use "b" of RT zoning for a marina. Considerations: Petitioner requests a provisional use for the purpose of constructing a marina consisting of eighty (80) wet slips, a clubhouse, a dockmaster's office, a snack bar, and sewage pump-out facilities. Fueling facilities are not proposed. The subject property is a 5. 7 acre island parcel located on the west side of Vanderbilt Drive within the Cocohatchee River, approximately one-quarter (1/4) mile south of Wiggins Pass Road. A similar provisional use for this parcel was granted in 1988 but has subsequently expired prior to the adoption of the current comprehensive plan. The entire site has previously been cleared and much of the seaward perimeter seawalled. Grading for a ninety-one (91) unit condominium project has begun and a sales facility already exists on site. As of early June less than half of the site remained covered with grasses and other herbaceous species commonly found in disturbed areas. These included dog fennel (Eupatoruim capillifolium) , sandspur (Cenchrus longispinus) , dayflower (Commelina spp. ) , and evening primrose (Oenothera biennis) . The channels surrounding the property have been dredged and appear relatively deep, reducing the probability of encountering seagrass communities during dock construction and the placement of riprap along the 1266 linear foot seawall. Dock and riprap revetment construction have already been permitted by the Florida Department of Environmental Regulation (FDER) and the U. S. Army Corps of Engineers (COE) . The planting of red mangrove (Rhizophora mangle) seedlings within the riprap revetment as mitigation is required by both FDER and the COE. Petition PU-88-5C, requesting similar land uses on this property, was approved with stipulations by the EAC on 8/17/88. Environmental concerns such as water quality and protected species such as the West Indian manatee (Trichechus manatus latirostris) were addressed. Recommendations: Areas of particular environmental sensitivity and concern border much of the proposed development project. However, the petitioner has agreed to mitigative actions and to acknowledge environmental concerns. Staff therefore recommends approval of petition PU-90-13 subject to the following stipulations. Staff Report PU-90-13 EAC Meeting 7/18/90 Page 2 1. Pursuant to the Growth Management Plan, Goal 2; Objective 2 . 2 , Policy 2 . 2 . 4; Objective 2 . 3, Policies 2 . 3 . 1 and 2 . 3 . 6, petitioner shall be subject to a water quality monitoring program and sediment analysis plan which meets the requirements of the FDER and which shall require Collier County approval. All conditions addressed and agreed to at the 8/17/88 EAC meeting (attachment) shall be implemented in any revision of the original water quality plan documented by Keith Edwards on 8/12/88 in a report directed to, and approved by the EAC, and also approved by the Collier County Planning Commission (CCPC) on 10/6/88. Water quality shall be evaluated using State water quality standards (403 . 061 F. S. ; 17-3 . 051, 17-3 . 061, 17-3 . 11, and 17-3 . 121) . 2 . Pursuant to the Growth Management Plan, Goal 7, Objective 7 . 2 , Policies 7 . 2 . 1, 7 . 2 . 2 and 7 . 2 . 3 and Policy 11. 1. 5, petitioner shall be subject to the Manatee Protection Plan adopted by the County at the time of final site development plan (SDP) review. Petitioner shall also adhere to the stipulation agreed to at the 8/17/88 EAC meeting and the 10/6/88 CCPC meeting addressing protected species such as the West Indian manatee and American bald eagle. To further protect manatees a no wake/idle speed zone shall be established around the project site and out to the Gulf of Mexico (reference FDER permit 111000635) , see attached copy. 3 . Petitioner shall be subject to Ordinance Nos. 82-37, as amended, and 89-57, which address the removal of exotic species and landscaping requirements respectively. 4 . Petitioner shall secure all necessary State and Federal permits prior to the commencement of construction. PREPARED BY: O 4// / ' (//,/, DATE: JEFFRtY A. ADAIR ENVIRONMENTAL SPECIALIST I REVIEWED BY: �, DATE: 7/O I O ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST )1k1 S� € a//1,REVIEWED BY: DATE: 4'0 JOHN F. MADAJEWSKI, P. E. PROJECT REVIEW SERVICES MANAGER Staff Report, PU-90-13 ew PROJECT REVIEW SERVICES (Environmental Review) STAFF REPORT FOR EAC MEETING 7/18/1990 Petition: R-90-13/PU-90-06: Thomas E. Kuck of Highway Pavers Inc. ; requesting a zoning change from A-1MH to A-2 and a provisional use "b" of A-2 for earth mining. Considerations: Petitioner requests a zoning change and provisional use for a eighty-six (86) acre commercial excavation operation on a one hundred ninety (190) acre site. The proposed project is located on 43rd Avenue off of Immokalee Road, just south and east of the Corkscrew Swamp Sanctuary. Subject property is bounded on the south and east by undeveloped land zoned Estates, and on the north and west by land zoned A-1MH in partial use. Much of the site has been previously cleared for agricultural use. In general, areas which have not recently been cleared are dominated by such canopy species as cypress (Taxodium spp. ) and red maple (Acer ruburm) . The dominate canopy species along the north property perimeter is willow (Salix caroliniana) and wax myrtle (Myrica cerifera) . Areas of Brazilian pepper (Shinus terebinthifolius) exist on the northern half of the property. Understory species are absent throughout most of the site because of livestock activity. No protected fauna were observed or reported on-site. However the Florida Game & Fresh Water Fish Commission (FGFWFC) has listed the following species to be associated or present within the habitat type of the project area: burrowing owl (species of special concern) , Florida sandhill crane (threatened) , Florida panther (endangered) , and the Florida black bear (threatened) . The National Audubon Society, FGFWFC, and the South Florida Water Management District have all expressed concerns for wildlife and concur the need to create littoral shelves as wildlife habitat and to deed the project property to the National Audubon Society (CREW Trust) upon completion of the excavation. Recommendations: The project property is an area of particular environmental sensitivity and concern. However, the petitioner has acknowledged these sensitivities and has agreed to resolve Staff Report R-90-13/PU-90-06 EAC Meeting 7/18/90 Page 2 these concerns. Staff therefore recommends approval of petition R-90-13/PU-90-06 subject to the following stipulations: 1. The berm and ditch system to be constructed around the excavation prior to mining shall be removed and returned to natural grade upon "completion" of the project. "Completion" shall be defined as the termination of mining for any period of six months or longer. 2 . Water quality monitoring shall begin six (6) months prior to the removal of the berm and ditch barrier surrounding the excavation. Monitoring shall be done monthly and shall include, but not be limited to, pH, conductivity/salinity, hardness, and chlorides. The monitoring plan shall be reviewed, modified if necessary, and approved by Project Review Services prior to issuance of the excavation permit. Monitoring data shall be submitted monthly to Project Review Services. At least two wells shall be drilled as control sites for the water quality monitoring. Should water quality within the excavation indicate deterioration, the excavation bond money shall be held and the berm and ditch system remain in place until water quality within the quarry have been restored to ambient conditions. 3 . The existing berm and ditch which runs in a east-west direction along the northern edge of the proposed excavation shall be brought to natural grade prior to excavation. The excavation permit shall not be issued until this has been completed. A tree survey shall be submitted to Project Review Services indicating native trees of twelve (12) inch diameter at breast height (dbh) , or larger, along this berm and ditch system. These trees are to be preserved during the grading operation, unless removal of the trees is deemed necessary and is approved by Project Review Services. 4 . The petitioner shall submit a mitigation plan for the excavation and the restoration of all berms and ditches to graded to natural elevation. These plans shall be reviewed, modified if necessary, and approved by Project Review Services prior to issuance of the excavation permit. Emphasis shall be placed on the creation of fifty to one hundred foot (50' - 100' ) littoral shelves and the creation of shallow ponds within these shelves so as to concentrate fish as a food source for wading birds and other wildlife. Mitigation efforts shall be phased to progress with the excavation. Mitigation success shall be guaranteed by the holding of excavation bond money. Staff Report R-90-13/PU-90-06 EAC Meeting 7/18/90 Page 3 5. No blasting or dewatering is permitted during the life of the excavation. 6. A minimum of fifty (50) acres of land designated as "preserve" shall be deeded to either the National Audubon Society or the Department of Natural Resources [Conservation and Recreation Lands (CARL) Program] no later than one year after "completion" of excavation, as "completion" is defined in Stipulation 1. hereof. The agency to whom the "preserve" area is deeded shall be given an invitation to purchase the remainder of the property by the applicant. Said invitation to purchase may be granted prior to completion of the excavation, but in no event later than one year after completion of excavation; and the time period for accepting the invitation and entering into a contract shall not be less than 120 days, and the invitation shall provide that closing shall not occur prior to the completion of excavation. 7 . A exotic removal plan for the preserve areas shall be submitted and reviewed, modified if necessary, and approved prior to issuance of the excavation permit. Removal of exotic species shall be performed over the entire property, shall be continued throughout the duration of the project, and shall be monitored and continued up until the preserve areas are deeded to either the National Audubon Society or the CARL program (reference Collier County Ordinance No. 82-37 as amended by Ordinance No. 89-53 , removal of exotic species) . Excavation bond moneys will be held to guarantee that the project property remains free of exotic species up until the preserve areas are deeded to the National Audubon Society or the CARL program. PREPARED BY: DATE: JE FREY A. ADAIR ENVIRONMENTAL SPECIALIST I REVIEWED BY: DATE: 7///I1 ERIC WORSHAM CHIEF ENVIRONMENTAL SPECIALIST ()4(1: . X1 4 I C.REVIEWED BY: .� � DATE: JOHN F. MADAJEWSKI, P. E. PROJECT REVIEW SERVICES MANAGER Staff Report, R-90-13/PU-90-06 ew