Agenda 06/13/2017 Item #16G506/13/2017
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners acting as the Airport Authority
approve the Florida Department of Environmental Protection Consent Order OGC Case No. 17 -
0712 to resolve violations associated with a construction project at the Marco Island Executive
Airport.
OBJECTIVE: To resolve environmental wetland violations associated with the Runway and aircraft
apron rehabilitation construction project at the Marco Island Executive Airport (MKY).
CONSIDERATIONS: On October 22, 2013 (Agenda Item 14A2) the Collier County Airport Authority
Board awarded contract 13-6123 for the construction phase of the rehabilitation of Runway 17-35 and
aircraft aprons at MKY to O-A-K/Florida, Inc. d/b/a Owen-Ames-Kimball Company (OAK).
In addition to the rehabilitation of Runway 17-35, and a portion of the aircraft apron not recently
improved under previous expansion/rehabilitation projects, this project included clearing, grubbing,
filling, grading and fencing an area west of the aircraft apron.
In clearing the land west of the aircraft apron, approximately one half (.50) acre of mangrove wetlands
were inadvertently dredged and approximately .09 acres of the .50 acres were filled without a valid
permit.
Airport management has worked with its consultants and the Florida Department of Environmental
Protection (FDEP) to develop a restoration, monitoring, and mitigation plan that is acceptable to FDEP.
The restoration plan for the mangrove impact areas include removing old silt fencing, stabilizing the area
to prevent future erosion and planting of mangrove trees. These tasks will be performed by the project
contractor, OAK, at their expense.
Mitigation is also required for the inadvertent mangrove wetland impacts that occurred adjacent to the
project site. According to F.S. 403.9332(1)(a), mitigation must be a two-to-one replacement of the impact
area; thus the minimum mitigation requirement is one acre of mangrove wetlands.
Staff proposes to donate approximately 2.07 acres of mangrove habitat previously purchased by the
Airport Authority (Agenda Item 16E3, January 14, 2003) for future mitigation purposes to satisfy the
mitigation requirement.
In addition to the restoration and mitigation, the Airport Authority is required to pay FDEP a $500
settlement charge, and OAK is required to pay FDEP a $2,000 settlement charge in addition to $2,119.29
for the original cost of the 2.07 acres of mangrove habitat acquired by the Airport Authority in 2003
(original cost of $1,023.81 per acre).
Staff has reviewed and is agreement with the terms of the Consent Order. Without approval, the Airport
Authority will be unable to move forward with environmental permitting associated with the terminal
relocation project, and could be subject to further enforcement action by FDEP.
FISCAL IMPACT: The FDEP settlement fee and original cost of the 2.07 acres of mangrove habitat
will be recovered from the contractor, in addition to all closing and recording fees associated with the
conveyance of the mangrove habitat property. Funds will be deposited into the Airport Authority Capital
Fund (496) Marco Mitigation Maintenance project (50088).
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06/13/2017
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK.
RECOMMENDATION: To approve and authorize the Chairman to execute Florida Department of
Environmental Protection Consent Order OGC Case No. 17-0712 and direct the County Manager or his
designee to proceed to facilitate the transfer of 2.07 acres of mangrove habitat to the appropriate parties to
satisfy the Consent Order.
Submitted by: Justin Lobb, Airports Manager, Airport Authority
ATTACHMENT(S)
1. DEP Consent Order OGC 17-0712 (PDF)
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06/13/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.5
Doc ID: 3271
Item Summary: Recommendation that the Board of County Commissioners acting as the Airport
Authority approve the Florida Department of Environmental Protection Consent Order OGC Case No.
17-0712 to resolve violations associated with a construction project at the Marco Island Executive
Airport.
Meeting Date: 06/13/2017
Prepared by:
Title: Operations Coordinator – Airport Authority
Name: Debra Brueggeman
05/31/2017 9:05 AM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
05/31/2017 9:05 AM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 05/31/2017 9:12 AM
Growth Management Department Gene Shue Additional Reviewer Completed 05/31/2017 9:34 AM
Airport Authority Justin Lobb Additional Reviewer Completed 05/31/2017 9:35 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 05/31/2017 1:20 PM
Growth Management Department Debra Brueggeman Level 2 Division Administrator Skipped 05/25/2017 11:47 AM
Growth Management Department James French Additional Reviewer Completed 05/31/2017 4:48 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/01/2017 9:29 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 06/02/2017 8:30 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/05/2017 11:34 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/07/2017 9:25 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/07/2017 2:13 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/13/2017 9:00 AM
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www.dep.state.fl.us
Florida Department of
Environmental Protection
South District
Post Office Box 2549
Fort Myers, Florida 33902-2549
SouthDistrict@dep.state.fl.us
Rick Scott Governor
Carlos Lopez-Cantera
Lt. Governor
Ryan E. Matthews
Interim Secretary
May 24, 2017
Collier County Airport Authority
c/o Justin Lobb, Marco Island Executive Airport Manager
3335 Tamiami Trail East, Suite 101
Naples, FL 34112
justinlobb@colliergov.net
Re: Collier County - ERP
OGC Case No. 17-0172
Site # 129042 / Project # 353443
Dear Mr. Lobb:
Enclosed is the final copy of Consent Order OGC Case No. 17-0172 to resolve violations noted in the
complaint.
Please sign the original and return it to this office within twenty (20) calendar days of receipt of the Consent
Order. After the Consent Order has been executed by the Department, your copy will be returned to you.
If you have any questions, please contact Greg O’Connell by email at Gregory.OConnell@dep.state.fl.us or by
phone at 239-344-5678. Your cooperation in resolving this case is appreciated. Your cooperation in resolving
this case is appreciated.
Sincerely,
Jon M. Iglehart
Director of District Management
JMI/gto
Enclosures - Consent Order 17-0172, Attachment I and Exhibit A
cc: Mark Miller, DEP Env Consultant
David Dale, Owen- Ames-Kimball Co ddale@oakfl.com
Shane Johnson, Passarella and Associates shanej@passarella.net
Luc Carriere, Hole Montes, Inc Luccarriere@hmeng.com
Tim Parker, Hole Montes, Inc timparker@hmeng.com
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Packet Pg. 1137 Attachment: DEP Consent Order OGC 17-0712 (3271 : DEP Consent Order)
www.dep.state.fl.us
Florida Department of
Environmental Protection
South District
Post Office Box 2549
Fort Myers, Florida 33902-2549
SouthDistrict@dep.state.fl.us
Rick Scott Governor
Carlos Lopez-Cantera
Lt. Governor
Ryan E. Matthews
Interim Secretary
May 24, 2017
David Dale
President
O-A-K /FLORIDA, Inc.
DBA Owen-Ames-Kimball Co.
11941 Fairway Lakes Dr.
Fort Myers, FL 33913
ddale@oakfl.com
Re: Collier County - ERP
OGC Case No. 17-0172
Site # 129042 / Project # 353443
Dear Mr. Dale:
Enclosed is the final copy of Consent Order OGC Case No. 17-0172 to resolve violations noted in the
complaint.
Please sign the original and return it to this office within twenty (20) calendar days of receipt of the
Consent Order. After the Consent Order has been executed by the Department, your copy will be
returned to you.
If you have any questions, please contact Greg O’Connell by email at Gregory.OConnell@dep.state.fl.us
or by phone at 239-344-5678. Your cooperation in resolving this case is appreciated. Your cooperation
in resolving this case is appreciated.
Sincerely,
Jon M. Iglehart
Director of District Management
JMI/gto
Enclosures – Consent Order 17-0172, Attachment I and Exhibit A
cc: Mark Miller, DEP Env Consultant
Justin Lobb, Collier County Airport Authority justinlobb@colliergov.net
Shane Johnson, Passarella and Associates shanej@passarella.net
Luc Carriere, Hole Montes, Inc Luccarriere@hmeng.com
Tim Parker, Hole Montes, Inc timparker@hmeng.com
16.G.5.a
Packet Pg. 1138 Attachment: DEP Consent Order OGC 17-0712 (3271 : DEP Consent Order)
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE
OF ENVIRONMENTAL PROTECTION ) SOUTH DISTRICT
and THE BOARD OF TRUSTEES OF THE )
INTERNAL IMPROVEMENT TRUST FUND, )
)
Complainants, )
) OGC FILE NO. 17-0172
vs. )
)
COLLIER COUNTY AIRPORT AUTHORITY )
and O-A-K/FLORIDA, INC. DBA )
OWEN-AMES-KIMBALL COMPANY, )
)
Respondents. )
)
CONSENT ORDER
This Consent Order is entered into between the State of Florida Department of
Environmental Protection ("Department") and The Board of Trustees of the Internal
Improvement Trust Fund (“Board”), and Collier County Airport Authority and O-A-K/Florida
Inc. DBA Owen-Ames-Kimball Company ("Respondents") to reach settlement of certain matters
at issue between the Department, the Board and Respondents.
The Department and the Board find and the Respondents admit the following:
1. The Department is the administrative agency of the State of Florida having the
power and duty to protect Florida's air and water resources and to administer and enforce Chapter
373, Part IV, and Chapter 403, Florida Statutes, and the rules promulgated and authorized
thereunder, Title 62, Florida Administrative Code. The Department has jurisdiction over the
matters addressed in this Consent Order.
2. The Board is responsible for overseeing state owned lands and ensuring they are
managed in trust for the citizens of the State of Florida pursuant to Chapter 253, Florida Statutes,
and the rules promulgated and authorized thereunder, Florida Administrative Code Title 18. The
Department has the duty to perform all staff duties and functions related to the administration of
state lands as provided in Section 253.002, Florida Statutes.
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3. Respondents are persons within the meaning of Section 253.04 and 373.019(15),
Florida Statutes.
4. The Board is the owner of property (Parcel No. 00744280005, Section 27,
Township 51 south, Range 26 east) located adjacent to the Respondent, Collier County Airport
Authority, Marco Island Executive Airport property. The Department (ERP no. 11-129042-002)
and the Board (Interlocal Ingress/Egress Agreement Amended August 28, 2000) authorized
expansion of the Marco Island Executive Airport consisting of construction of a taxiway and
aviation apron (airplane parking) on the Board’s property described above.
5. The Department finds that the Respondents violated Sections 373.430, 403.161
and 403.9328(1), Florida Statutes and Rules 18-2.018 and 62-330.020, Florida Administrative
Code. An inspection by Department personnel on October 3, 2016, revealed that Respondents
dredged approximately 0.50 acres of mangrove wetlands, of which approximately 0.09 acres of
the 0.50 acres were also filled (depicted in Exhibit A), located on the Board’s property without a
valid permit, lease or other form of consent from the Department or the Board. The activity was
conducted on the above described property within the landward extent of mangrove wetlands in
the Rookery Bay National Estuarine Research Reserve, Class II Outstanding Florida Waters of
the State, as defined by Florida Law.
Having reached a resolution of the matter Respondent and the Department and the Board
mutually agree and it is,
ORDERED:
6. Within 30 days of the effective date of this Consent Order, Respondent Collier
County Airport Authority shall pay the Department $500.00 in settlement of the matters
addressed in this Consent Order. This amount includes $500.00 for costs and expenses incurred
by the Department during the investigation of this matter and the preparation and tracking of this
Consent Order. Respondent Collier County Airport Authority shall make all payments required
by this Order by cashier's check, money order or on-line payment. Cashier’s check or money
order shall be made payable to the “Department of Environmental Protection” and shall include
both the OGC number assigned to this Order, which is 17-0172 and the notation “Water Quality
Assurance Trust Fund.” Online payments by e-check can be made by going to the DEP Business
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Portal at http://www.fldepportal.com/go/pay/. It will take a number of days after this order
becomes final and effective filed with the Clerk of the Department before ability to make online
payment is available.
7. Within 30 days of the effective date of this Consent Order, Respondent O-A-
K/Florida Inc. DBA Owen-Ames-Kimball Company shall pay the Department $2,000.00 in
settlement of the matters addressed in this Consent Order. The civil penalties are apportioned as
follows: $2,000.00 for violation of Sections 373.430 and 403.161, Florida Statutes and Rule 62-
330.020, Florida Administrative Code. Respondent O-A-K/Florida Inc. DBA Owen-Ames-
Kimball Company shall make all payments required by this Order by cashier's check, money
order or on-line payment. Cashier’s check or money order shall be made payable to the
“Department of Environmental Protection” and shall include both the OGC number assigned,
which is 17-0172 to this Order and the notation “Water Quality Assurance Trust Fund.” Online
payments by e-check can be made by going to the DEP Business Portal at
http://www.fldepportal.com/go/pay/. It will take a number of days after this order becomes final
and effective filed with the Clerk of the Department before ability to make online payment is
available.
8. Respondents shall implement the Corrective Actions attached hereto and
incorporated herein as Attachment I and Exhibit A, in the manner and within the time frames
specified therein.
9. With the exception of the activities described in the Corrective Actions, effective
immediately and henceforth, Respondents shall not conduct any dredging, filling, or construction
activities on or within the landward extent of waters of the state without first obtaining a valid
Department permit or written notification from the Department that the activities appear to be
exempt as proposed from Department permitting requirements; nor shall Respondent conduct any
activities on state owned lands without first obtaining a lease, easement, or other consent of use
from the Department.
10. Respondents agree to pay the Department stipulated penalties in the amount of
$100.00 per day for each and every day Respondents fail to timely comply with any of the
requirements of paragraph 8 of this Consent Order. A separate stipulated penalty shall be
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assessed for each violation of this Order. Within 30 days of written demand from the
Department, Respondents shall make payment of the appropriate stipulated penalties to the "The
Department of Environmental Protection" by cashier's check or money order and shall include
thereon the OGC number assigned to this Consent Order, which is 17-0172 and the notation
"Water Quality Assurance Trust Fund." The Department may make demands for payment at any
time after violations occur. Nothing in this paragraph shall prevent the Department from filing
suit to specifically enforce any of the terms of this Consent Order. Any penalties assessed under
this paragraph shall be in addition to the settlement sum agreed to in paragraphs 6 and 7 of this
Consent Order. If the Department is required to file a lawsuit to recover stipulated penalties
under this paragraph, the Department will not be foreclosed from seeking civil penalties for
violations of this Consent Order in an amount greater than the stipulated penalties due under this
paragraph.
11. If any event, including administrative or judicial challenges by third parties
unrelated to the Respondents, occur which causes delay or the reasonable likelihood of delay, in
complying with the requirements of this Consent Order, Respondents shall have the burden of
proving the delay was or will be caused by circumstances beyond the reasonable control of the
Respondents and could not have been or cannot be overcome by Respondents due diligence.
Economic circumstances shall not be considered circumstances beyond the control of
Respondents, nor shall the failure of a contractor, subcontractor, materialman or other agent
(collectively referred to as "contractor") to whom responsibility for performance is delegated to
meet contractually imposed deadlines be a cause beyond the control of Respondents, unless the
cause of the contractor's late performance was also beyond the contractor's control. Upon
occurrence of an event causing delay, or upon becoming aware of a potential for delay,
Respondents shall notify the Department orally within 24 hours or by the next working day and
shall, within seven calendar days of oral notification to the Department, notify the Department in
writing of the anticipated length and cause of the delay, the measures taken or to be taken to
prevent or minimize the delay and the timetable by which Respondents intend to implement these
measures. If the parties can agree that the delay or anticipated delay has been or will be caused
by circumstances beyond the reasonable control of Respondents, the time for performance
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hereunder shall be extended for a period equal to the agreed delay resulting from such
circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or
minimize delay. Failure of Respondents to comply with the notice requirements of this
Paragraph in a timely manner shall constitute a waiver of Respondents right to request an
extension of time for compliance with the requirements of this Consent Order.
12. Respondents shall allow all authorized representatives of the Department access to
the property at reasonable times for the purpose of determining compliance with the terms of this
Consent Order and the rules and statutes of the Department.
13. Entry of this Consent Order does not relieve Respondents of the need to comply
with applicable federal, state or local laws, regulations or ordinances.
14. The terms and conditions set forth in this Consent Order may be enforced in a
court of competent jurisdiction pursuant to Sections 120.69, 253.04 and 373.129, Florida
Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of
Section 253.04 and 373.430, Florida Statutes.
15. Respondents are fully aware that a violation of the terms of this Consent Order
may subject Respondents to judicial imposition of damages, civil penalties of up to $10,000 per
day per violation and administrative fines of up to $10,000 per day per violation and criminal
penalties.
16. Persons who are not parties to this Consent Order but whose substantial interests
are affected by this Consent Order have a right, pursuant to Sections 120.569 and 120.57, Florida
Statutes, to petition for an administrative hearing on it. The Petition must contain the
information set forth below and must be filed (received) at the Department's Office of General
Counsel, 3900 Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21
days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to
the District Office named above at the address indicated. Failure to file a petition within the 21
days constitutes a waiver of any right such person has to an administrative hearing pursuant to
Sections 120.569 and 120.57, Florida Statutes.
The petition shall contain the following information:
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(a) The Department’s Consent Order identification number and the county in which the
subject matter or activity is located;
(b) The name, address, and telephone number of each petitioner; the name, address, and
telephone number of the petitioner’s representative, if any, which shall be the address for service
purposes during the course of the proceeding;
(c) An explanation of how the petitioner’s substantial interests will be affected by the
Consent Order;
(d) A statement of when and how the petitioner received notice of the Consent Order;
(e) A statement of all material facts disputed by petitioner, if any;
(f) A statement of the specific facts the petitioner contends warrant reversal or modification
of the Consent Order;
(g) A statement of which rules or statutes the petitioner contends require reversal or
modification of the Consent Order; and
(h) A statement of the relief sought by the petitioner, stating precisely the action petitioner
wishes the Department to take with respect to the Consent Order.
If a petition is filed, the administrative hearing process is designed to formulate agency
action. Accordingly, the Department's final action may be different from the position taken by it
in this Notice. Persons whose substantial interests will be affected by any decision of the
Department with regard to the subject Consent Order have the right to petition to become a party
to the proceeding. The petition must conform to the requirements specified above and be filed
(received) within 21 days of receipt of this notice in the Office of General Counsel at the above
address of the Department. Failure to petition within the allowed time frame constitutes a waiver
of any right such person has to request a hearing under Sections 120.569 and 120.57, Florida
Statutes, and to participate as a party to this proceeding. Any subsequent intervention will only
be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205,
Florida Administrative Code.
A person whose substantial interests are affected by the Consent Order may file a timely
petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or
may choose to pursue mediation as an alternative remedy under Section 120.573, Florida
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Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect
the right to a hearing if mediation does not result in a settlement. The procedures for pursuing
mediation are set forth below.
Mediation may only take place if the Department and all the parties to the proceeding
agree that mediation is appropriate. A person may pursue mediation by reaching a mediation
agreement with all parties to the proceeding (which include the Respondents, the Department,
and any person who has filed a timely and sufficient petition for a hearing) and by showing how
the substantial interests of each mediating party are affected by the Consent Order. The
agreement must be filed in (received by) the Office of General Counsel of the Department at
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 10
days after the deadline as set forth above for the filing of a petition.
The agreement to mediate must include the following:
(a) The names, addresses, and telephone numbers of any persons who may attend the
mediation;
(b) The name, address, and telephone number of the mediator selected by the parties, or a
provision for selecting a mediator within a specified time;
(c) The agreed allocation of the costs and fees associated with the mediation;
(d) The agreement of the parties on the confidentiality of discussions and documents
introduced during mediation;
(e) The date, time, and place of the first mediation session, or a deadline for holding the
first session, if no mediator has yet been chosen;
(f) The name of each party’s representative who shall have authority to settle or
recommend settlement; and
(g) Either an explanation of how the substantial interests of each mediating party will be
affected by the action or proposed action addressed in this notice of intent or a statement clearly
identifying the petition for hearing that each party has already filed, and incorporating it by
reference.
(h) The signatures of all parties or their authorized representatives.
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As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to
mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes,
for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the
mediation must be concluded within sixty days of the execution of the agreement. If mediation
results in settlement of the administrative dispute, the Department must enter a final order
incorporating the agreement of the parties. Persons whose substantial interests will be affected
by such a modified final decision of the Department have a right to petition for a hearing only in
accordance with the requirements for such petitions set forth above, and must therefore file their
petitions within 21 days of receipt of this notice. If mediation terminates without settlement of
the dispute, the Department shall notify all parties in writing that the administrative hearing
processes under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition
of the dispute, and the notice will specify the deadlines that then will apply for challenging the
agency action and electing remedies under those two statutes.
17. The Department hereby expressly reserves the right to initiate appropriate legal
action to prevent or prohibit any violations of applicable statues, or the rules promulgated
thereunder that are not specifically addressed by the terms of this Consent Order.
18. The Department, for and in consideration of the complete and timely performance
by Respondents of their obligations agreed to in this Consent Order, hereby waive their right to
seek judicial imposition of damages or civil penalties for alleged violations addressed in this
Consent Order.
19. Respondents acknowledge and waive their right to an administrative hearing
pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order.
Respondents acknowledge their right to appeal the terms of this Consent Order pursuant to
Section 120.68, Florida Statutes, and waives that right upon signing this Consent Order.
20. Electronic signatures or other versions of the parties’ signatures, such as .pdf or
facsimile, shall be valid and have the same force and effect as originals. No modifications of the
terms of this Consent Order shall be effective until reduced to writing and executed by both
Respondents and the Department.
21. All submittals and payments required by this Consent Order to be submitted to the
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Department shall be sent to the Florida Department of Environmental Protection, South District
Office. SLERP Section, P.O. Box 2549, Fort Myers, FL 33902-2549.
22. This Consent Order is a settlement of the Department’s civil and administrative
authority arising under Florida law to resolve the matters addressed herein. This Consent Order is
not a settlement of any criminal liabilities which may arise under Florida law, nor is it a
settlement of any violation which may be prosecuted criminally or civilly under federal law.
23. This Consent Order is a final order of the Department pursuant to Section
120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the
Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120,
Florida Statutes. Upon the timely filing of a petition this Consent Order will not be effective
until further order of the Department.
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FOR THE RESPONDENT:
Collier County Airport Authority
______________________ _________________________________
DATE Penny Taylor
BCC Chairperson
Collier County
Board of County Commissioners
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FOR THE RESPONDENT:
O-A-K/Florida, Inc. DBA
Owen-Ames-Kimball Company
______________________ _________________________________
DATE David J. Dale
President
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DONE AND ORDERED this day of , 2017,
In Lee County, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
____________________________________
Jon M. Iglehart
Director of District Management
Filed, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk,
receipt of which is hereby acknowledged.
______________________________ ___________________
Clerk Date
cc: Lea Crandall, Agency Clerk
Mail Station 35
Keith.Clayton@dep.state.fl.us
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Packet Pg. 1150 Attachment: DEP Consent Order OGC 17-0712 (3271 : DEP Consent Order)
ATTACHMENT I
CORRECTIVE ACTIONS
OGC CASE NO. 17-0172
RESTORATION ACTIONS
1. Respondents shall complete all restoration, mitigation and monitoring
pursuant to requirements of both Attachment I and Exhibit A (Marco Island Executive
Airport Mangrove Restoration Plan). The maintenance and monitoring schedule is detailed
in Table 2 of Exhibit A.
2. Respondents shall remove the fill from the 0.50-acre wetland restoration area
on the property as shown and described in Exhibit A. Fill shall be defined as any non-native
soils (sand and rock) and vegetative debris that has been placed in the wetland restoration
area. The fill shall be removed down to the elevation of the adjacent un-impacted wetlands.
All non-native fill material shall be removed even if it requires removing fill to a depth that is
below the elevation of the adjacent wetlands.
3. Fill that is removed from the wetland restoration area shall be placed in the
permitted (ERP 11-129042-002) fill areas or removed from the property and placed within a
self-contained upland area.
4. The western edge of the airport apron expansion authorized by ERP 11-
129042-002 located adjacent to the wetland restoration area shall be permanently stabilized to
prevent erosion of fill material into the wetland restoration area. The fill shall have minimum
side slopes of 3:1. All rip rap shall be underlain with filter cloth to prevent the erosion of fine
sediments into the adjacent wetlands. All fill side slopes shall completely stabilized by rock,
sod, seed or affirmative plantings. The stabilization of the fill side slopes shall be completed
as soon as possible, but no later than 72 hours of completing the wetland restoration activities
consisting of fill removal/placement, and any other time as necessary to prevent erosion,
siltation, and turbid run-off into wetlands or waters of the State.
5. The restoration area shall be planted with mangroves pursuant to Exhibit A.
MAINTENANCE AND MONITORING
6. The restoration area shall be monitored until the success criteria contained in
Exhibit A is met for three consecutive years.
MITIGATION
7. Within 6 months of the effective date of this Consent Order, Respondent
Collier County Airport Authority shall donate Collier County Parcel No. 00746560008
containing an estimated 2.07 acres to the Board as mitigation for the 0.50 acre mangrove
impact. The donation property has been approved for donation to the Board. Rookery Bay
National Estuarine Reserve will be the land manager for the donation property. The following
are additional items that Respondent Collier County Airport Authority will need to provide or
complete to complete the donation process:
• Title Commitment and Insurance Policy insuring the Board of Trustees of the Internal
Improvement Trust Fund;
• Title Possession and Lien Affidavit and an Environmental Affidavit;
• Special Warranty Deed with Legal Description;
• Closing Statement with line item list of costs;
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ATTACHMENT I
OGC 17-0172
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• Record the Property Deed; and
• Any other items required to complete the donation.
The state lands processor for the land donation is Keith Clayton. Please contact
Keith Clayton as soon as possible to ensure that the land donation is completed in a
timely manner.
Keith Clayton, Government Operations Consultant II
FL Dept. of Environmental Protection
Division of State Lands
MS # 115
3900 Commonwealth Blvd.
Tallahassee, FL 32399
Phone: 850-245-2712
Email: Keith.Clayton@dep.state.fl.us
8. If the land donation described in Paragraph 7 above is not completed within 6
months of the effective date of this Consent Order, Respondent Collier County Airport
Authority shall mitigate for the temporary impacts to 0.50 acres of mangrove wetlands by the
purchase of 0.50 credits of saltwater forested wetlands from the Little Pine Island Mitigation
Bank:
a. Respondent Collier County Airport Authority shall provide the
Department with documentation that 0.50 of saltwater forested wetland credits have
been deducted from the credit ledger of the bank within 6 months and 45 days of the
effective date of this Consent Order.
b. Documentation shall be submitted to the Florida Department of
Environmental Protection, South District Office, P.O. Box 2549, Fort Myers, FL
33902-2549 (‘South District Office’), by facsimile to (850)412-0590, or via email to
FTMERP_Compliance@dep.state.fl.us. This payment confirmation shall include the
Respondent’s name and the OGC number associated with this Consent Order, which
is 17-0172.
c. Mitigation Bank Contact Information:
Little Pine Island Mitigation Bank
Desmond Duke
21346 Saint Andrews Blvd., Suite 434
Boca Raton, FL 33433
Mobile: 239.530.8044
Office: 561.465.5054
Fax: 888.793.6444
Email: dduke@ecoresolve.com
9. Activities shall be conducted in a manner that does not cause or contribute to
violations of state water quality standards. Performance-based erosion and sediment control
best management practices shall be installed immediately prior to, and be maintained during
and after construction as needed, to prevent adverse impacts to the water resources and
adjacent lands. Such practices shall be in accordance with the State of Florida Erosion and
Sediment Control Designer and Reviewer Manual (Florida Department of Environmental
Protection and Florida Department of Transportation June 2007), and the Florida Stormwater
Erosion and Sedimentation Control Inspector’s Manual (Florida Department of
Environmental Protection, Nonpoint Source Management Section, Tallahassee, Florida, July
2008), which are both incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C.,
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ATTACHMENT I
OGC 17-0172
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unless a project-specific erosion and sediment control plan is approved or other water quality
control measures are required as part of this Consent Order.
10. The project shall comply with applicable State Water Quality Standards, namely:
Rule 62-302.500, F.A.C. – Minimum Criteria, General Criteria;
Rule 62-302.530, F.A.C. – Table: Surface Water Quality Criteria; and
Rule 62-302.700, F.A.C. - Special Protection, Outstanding Florida Waters,
Outstanding National Resource Waters.
11. All required submittals, such as certifications, monitoring reports, notifications,
etc., shall be submitted to the Florida Department of Environmental Protection, South District
Office, Submerged Lands and Environmental Resource Permitting, P.O. Box 2549, Fort
Myers, FL 33902-2549 (‘South District Office’), or via e-mail to
FTMERP_Compliance@dep.state.fl.us . All submittals shall include the project name and
Consent Order No. 17-0172.
Note: In the event of an emergency, the Respondents should contact the Department by
calling (800)320-0519. During normal business hours, Respondents should call (239)344-
5600.
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