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Agenda 01/24/2012 Item # 7A1/24/2012 Item 7.A. CUR-PL -2011 -1177, SR 846 Laud Trust requesting a Conditional Use Re- Review (CUR) and amending the Conditions of Approval in Resolution Number 98 -290 which allows for earth mining with excavation, blasting and processing of material in a "Rural Agricultural Mobile Home Overlay (A -MHO) for property located in the Rural .Fridge Mind -Um District Receiving Lams, and .east of Immokalee Road, approximately 2. miles north of Oil Well Road..The subject property is located within Sections 35 & 36, Township 47 South, Range 27 East; -and all of Sections 1 and 2, Township 48 South, Range 27 East, less read right -of --way fur County Road 846 inmokalee Read) .Collier County, ' Florida; and._ repealing Resolution Nos. 08-128 and 08 -290. For the Board of Zoning Appeals (BZA) to re- review the Conditional Use (CU) that was approved with conditions, and to consider the applicant's amendments to the Conditions of Approval. n On November 7, 1999, the BZA approved a CU (Resolution Number 49420) for an earth mining operation on the subject site. A subsequent CU (Resolution Number 0 8-290) was approved with a condition requiring a Re- Review. The Conditions of Approval for the last re- review requires a Re- Review every two years. The property is zoned Rural Agricultural with a Mobile Home Overlay (A -MHO) and is within the Rural Fringe Mixed Use District Receiving Lands. Staff has reviewed the record and found that the facility is in compliance with the current Conditions of Approval. The applicant has requested the following amendments to the Conditions of Approval: 1. Removal of the Re- Review requirement; 2. A revision of how compliance will be reviewed, 3. Removal of conditions tied to the Re- Review process or conditions that are complete; 4. Removal of the condition requiring financial donations; 5. Coordination of littoral zone construction with the applicable Florida Department of Environmental Protection (FDEP) permit; 6. A change to a website address. Staff has also reviewed the applicant's proposed amendments as listed above. Additional discussion can be found in the Staff Recommendation of the Executive Summary. CUR- PL2011 -1177 Packet Page -22- 1/24/2042 Item 7.A. FIa, The subject mine is currently in operation; therefore, approval of this Conditional Use Re- review will have no additional fiscal impact on Collier County. GROWTH MANAGI +NT MACT: This CU was found to be consistent with the Growth Management Plan (GNP) at the time of approval; therefore, approval of this Conditional Use Re- review will have no effect on the GNP. ENV= ONMENT ,,A��U'S: The environmental issues were addressed in the original Conditional Use application review and approval. The approval of this Conditional Use Re- review will not create additional environmental issues: SORY COUNCIL (EACI RECOMRENDATION: The EAC previously reviewed this petition for the original Conditional Use application. Its recommendation was added to the original conditions, COL COUNTY PLNNING COMiVIISION (CCPC) RECOIl11�ElDA The CCPC heard the original .petition on August 2, 2007 and recommended approval.. The CCPC is not required to. review a Conditional Use Re: Review. LEGS. CCjN,�IDEI�IT�+QNS: Before you is the third. review of the Conditional Use authorizing an earth mining operation for Jones Mine. A Conditional Use is a use that is permitted in a particular zoning district subject to certain restrictions.- Visions regarding - Conditional Uses are quasi-judicial. As such, this item requires ex paste disclosure, and all testimony given roust be under oath. The attached report-and recommendations of the Planning Commission required are advisory only and are; not binding on you. Petitioner has the burden of demonstrating that the necessary requirements have been met, and you may question Petitioner, or staff, to satisfy yourself that the necessary criteria has been satisfied. In addition to meeting the necessary criteria, you may place such conditions and safeguards as you deem appropriate to allow the use, provided that there is competent, substantial evidence that these additional conditions and safeguards are necessary to promote the public health, safety, welfare, morals, order, comfort, convenience, fiance, or the general welfare of the neighborhood. As a further condition of approval of the Conditional Use, you may require that suitable areas for streets, public rights -of -way, schools, parks, and other public facilities be set aside, improved, and/or dedicated for public use, subject to appropriate impact fee credits. Approval or denial of'fhe Petition is by Resolution, with approval of the Conditional Use requiring four affirmative votes of the Board (supermajority vote). The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for Board action. (STV CUR- PL2011 -.1177 2 Packet Page -23- 1/24/2012 Item 7.A. STAFF RECOMMENDATION: Research indicates that the , applicant has complied with the existing Conditions of Approval; therefore, continued Re- Review places an undue burden on the property owner and unnecessary work on County Staff and the BZA. If the BZA removes the condition for Re- Review and Code Enforcement finds that a condition has been violated, the property owner will have a hearing before the Code Enforcement Board in order to abate the situation. If the BZA removes the Re- Review condition, then the conditions tied to the Re- Review should also be removed. Staff also supports the removal of the condition requiring financial donations to groups and institutions not directly tied to the mine operation, since it places an undue hardship on the property owner. Staff supports the coordination of littoral zone construction with the FDEP as well, since that will eliminate duplication of effort. Staff recommends that the Board of Zoning Appeals (BZA) approve the attached Resolution for CUR- PL2011 -1177, the Conditional Use Re- Review for SR 846 Land Trust Earth Mine, to permit the continued use as an earth mining facility, subject to the revised Conditions of Approval (Exhibit D). PREPARED BY: Fred Reischl, AICP, Senior Planner Department of Land Development Services Attachments: 1) Application and back -up information (including a strike - through/underline version of Exhibit D — Conditions of Approval) 2) Resolution A- Findings of Fact B- Legal Description C- Master Plan D - Conditions of Approval CUR- PL2011 -1177 Packet Page -24- COLLIER COUNT' Board of County Commissioners Item Number: 7.A. 1/24/2012 Item 7.A. Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. CUR -PL- 2011 -1177, SR 846 Land Trust requesting a Conditional Use Re- Review (CUR) and amending the Conditions of Approval in Resolution Number 08 -290 which allows for earth mining with excavation, blasting and processing of material in a Rural Agricultural Mobile Home Overlay (A -MHO), for property located in the Rural Fringe Mixed Use District Receiving Lands, and east of Immokalee Road, approximately 2 miles north of Oil Well Road. The subject property is located within Sections 35 & 36, Township 47 South, Range 27 East; and all of Sections 1 and 2, Township 48 South, Range 27 East, less road right -of -way for County Road 846 (Immokalee Road), Collier County, Florida; and repealing Resolution Nos. 08 -128 and 08 -290. [Coordinator: Fred Reischl, AICP, Senior Planner] Meeting Date: 1/24/2012 Prepared By Name: ReischlFred Title: Sr. Planner, Land Development Services 12/29/20112:28:08 PM Approved By Name: LorenzWilliam Title: Director - CDES Engineering Services,Comprehensive Date: 12/29/20114:59:53 PM Name: PuigJudy Title: Operations Analyst, CDES Date: 12/30/2011 12:09:30 PM Name: BellowsRay Title: Manager - Planning, Comprehensive Planning Date: 1/4/2012 6:12:02 PM Name: WilliamsSteven Title: Assistant County Attomey,County Attorney Packet Page -25- Date: 1/5/2012 9:42:10 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 1/5/2012 10:47:24 AM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 1/12/2012 11:38:12 AM Name: KlatzkowJeff Title: County Attorney, . Date: 1/13/2012 4:44:56 PM Name: FinnEd Date: 1/13/2012 6:02:48 PM Name: OchsLeo Title: County Manager Date: 1/16/2012 3:36:51 PM Packet Page -26- 1/24/2012 Item 7.A. 1/24/2012 Item 7.A. RESOLUTION NO. 2012- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA CONDUCTING A RE- REVIEW AND AMENDING THE CONDITIONS OF APPROVAL IN RESOLUTION NUMBER 08 -290 WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION, BLASTING AND PROCESSING OF MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME OVERLAY (A -MHO), FOR PROPERTY LOCATED IN THE RURAL FRINGE MIXED USE DISTRICT RECEIVING LANDS, AND EAST OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD, THE SUBJECT PROPERTY IS LOCATED` WITHIN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTIONS 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT- OF -WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 08 -128 AND 08 -290. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as > amended) which includes a Comprehensive Zoning Ordinance establishing_ regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, by Resolution 99 -420, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining, excavation and related processing with respect to the same property which is the subject of this conditional use re- review, which property is described in (Exhibit `B ") which is attached hereto and incorporated by reference herein; and WHEREAS, on June 20, 2006, by Resolution 06 -157, the Board of Zoning Appeals of Collier County approved an amended Conditional Use to allow blasting of material within the same property which is the subject of this conditional use re- review; and WHEREAS, on October 10, 2006, by Resolution 06 -264, the Board of Zoning Appeals approved an amendment of Resolution 06-157 to correct scrivener's errors in the legal description and zoning classification; and WHEREAS, on September 25, 2007, by Resolution 07 -274, the Board of Zoning Appeals of CUR- PL2011 -1177) SR 846 Land Trust n Rev. 12/13/11 1 of 3 Packet Page -27- 1/24/2012 Item 7.A. Collier County approved an amended Conditional Use with respect to the some property which is the subject of this condition use re- review to expand the boundaries of the excavation area and repeal Resolutions 99420 and 06 -157; and WHEREAS, one of the conditions of approval is that periodically the conditions be reviewed to determine whether additional stipulations or mitigation are necessary to ensure compatibility with other properties in the area and to assure that the public health, safety and welfare is adequately addressed; and WHEREAS, on April 22, 2008, and by Resolution No. 08 -128 adopted on May 13, 2008, the Board of Zoning Appeals as part of the re-review of the Conditional Use approved amendment to the conditions of approval at the mine owner's request, and WHEREAS, on September 23, 2008, the Board of Zoning Appeals conducted a re- review hearing on the property that is the subject of this re -review hearing and approved Resolution No. 08- 290 which approved an amendment to the conditions of approval proposed by the County and repealed prior Resolution Nos. 99 -420, 06-157 and 07 -274; and WHEREAS, on October 13, 2009 the Board of Zoning Appeals conducted a re- review hearing on the property that is the subject of this re-review hearing but determined that there was no need to change the conditions of approval, and therefore did not adopt a Resolution; and WHEREAS, the owner of the subject property; SR 846 Land Trust, has filed Petition No. CUR -PL 2011 -1177, as required by the prior conditions of approval for a re- review of those conditions, and is requesting changes to the conditions of approval for the Conditional Uses approved for the property that is the subject of this re- review hearing; and WHEREAS, the parties wish that this Resolution repeal and replace Resolution Nos. 08 -128 and 08- 290 so that this Resolution sets forth all conditions governing the previously approved Conditional Uses for the subject property; and WHEREAS, the Board of Zoning Appeals being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing alter notice as in said regulations made and provided and as provided in Resolution 08 -290, and has considered the advisability of amending the conditions of approval; and WHEREAS, the Collier County Planning Commission previously has found as a matter of fact. (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.1. of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. CUR- PL2011 -1177 / SR 846 Land Trust Rev. 12/1.3/1.1 2 of 3 Packet Page -28- 1/24/2012 Item 7.A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that 1, The re -review petition filed by R Bruce Anderson, Esq. of Roetzel & Andress and Margaret Perry of Stantec, representing the owner of the property described in (Exhibit "B ") requesting an amendment to the conditions of approval, be and the same is hereby approved, and the Board hereby amends the conditions of prior approvals in accordance wik the Conceptual Maslen Plan (Exhibit "C') and as set forth in (Exhibit "D ") which is attached hereto and incorporated by re&Tencehereh 2. That this Resolution hereby repeals Resolution Nos. 08 -128 and 08-290 which are accordingly no longer of any legal force or effect. BE IT FURTHER RESOLVED that this Resolution be recorded in. the minutes of this Board. This Resolution adopted after motion, second, and super - majority vote, this day of 2012. ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal; sufficiency: Steven T. Williams 5 ' k4 A Assistant County Attorney Attachments: Exhibit A - Exhibit B — Exhibit C — Exhibit D - CP: 1 I -CPS -0 I I I8 \10 CUR- PL2011 -1177/ SR 846 Land Trust Rev. 12/13/11 BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman 3 of 3 Packet Page -29- �� 1/24/2012 Item 7.A. FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V% No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes v' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _1/ Affect mitigated by }�' fir•• l�ti ; "tl`)+'%l 1'`! Cc 1'C Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes I No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE:> C, CHAIRMAN: EXHIBIT A — T Packet Page -30- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. Z. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ✓ No B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes -V—/ No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: �No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V"*"No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: I z MEMBER: C; -- -.._.. Packet Page -31- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trast Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and .-. control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ✓ / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V'No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within di Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 01 MEMBER: Packet Page -32- 1/24/2.012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: n Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or �/ Affect mitigated by A. -`l� Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L No Based on the above findings, this conditional use shouliwith stipulations, (copy attached) (should not) be recommended for approval. 1 DATE: MEMBER: 1 Packet Page - 33- - ----- - - -- - -- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Dev lopment Code and Growth Management Plan: Yes 7No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ZNo affect or Affect mitigated by .Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district . Yes ZNO Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: °� ' G % MEMBER: Packet Page -34- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes _x No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: n Adequate ingress & egress. Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or 4– Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes X— No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: -- o ? MEMB _... __ Packet Page -35- - _ 1/24/2012 Item 7.A. -- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Deve ment Code and Growth Management Plan: L Yes No B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes �No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ZAffect affect or miti aced b No g Y Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: -- — — Packet Page -36- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional 'use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes 1. � No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glaze, economic or odor effects: No affect or V Affect mitigated by > LU/ rH --In PG! 1 4 Tic.' i s Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER:!(.. - -- - Packet Page -37- — - -- � 1 1/24/2012 Item 7.A. LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT -OF -WAY FOR COUNTY ROAD 846 (IMMOKALEE . ROAD), COLLIER COUNTY, FLORIDA. EXHIBIT °B" -- Packet Page -38- -- - - 1/24/2012 Item 7.A. NO BLAST ZONE OBLAST ZONE PROJECT: S.R. 846 LAND TRUST EARTH MINE CLIENT: S.R. 846 LAND TRUST Plivils6similler 1w.ra.:�c= crir.wrrrer..�o K� Dam: — ,••,500• 1012/2007 FAmrn . En2fn"m • Feobpbfs . Sn v@M • Lodsrspe AmMeeb . Tnmpodnom consdlbnb sac iw► WL. rev Ma WlfsonMfller 47/48 27 lnc. ►w, 4 W .� o2os•000 -000 7i @@ OE@Iy Ww. $IM420@ • NsFMe, nMtlE 7e1@SJJ@7 • /hen/ 772.604010 -Fix M-204494. W,64 ft IR.lnitene411fp� DAWN Mump MD, MEET W. 1 or 1 Attachment "C" __. Packet Page -39 - - - 1/24/2012 Item 7.A. Exhibit "D" Conditions of Approval for January 2012 Re- Review Mining Ventures, LLC, Petitioner; SR 846 Land Trust, Property Owner CUR- PL2011 -1177 Collier County Conditions of Approval CUR- PL2011 -1177 S.R. 846 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. 1. Following conditional use hearing requirements, the BZA may revoke the approval of this Conditional Use if the Collier County Code Enforcement Board finds that the mine operator has violated or has not fully complied with all conditions of approval including completion of improvements indicated on the Conditional Use Master Plan and the mine operator has failed to remedy the violation or come into compliance within the time period established by the Code Enforcement Board. 2. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 3. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 4. The local damage contact will be Mr. Damon Jones at 239 - 304 -1506 or coil ieragg regates. com. 5. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 6. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. 7. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 8. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. 9. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi - annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has been terminated. 10. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. Exhibit "D" Packet Page -40- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 — Resolution 08 -290 Mining Ventures, LLC 11. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 12. The storm water run off quality should not be affected with the proposed excavation area expansion. 13. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to the residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 14. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties /enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 15. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan — Phase I and II. 16. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 17. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04- 55, as amended. 18. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. 19. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 20. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 1) Packet Page -41- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review .-� Response to Conditions of Approval CUR- PL2011 -1177 — Resolution 08 -290 Mining Ventures, LLC 21. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 22. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right -of -way shall be the applicant's responsibility. 23. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 24. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 25. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between 16th Street N.E. and 20th Street N.E.; at the eastern property border between 52nd Avenue N.E. and 58th Avenue N.E. 26. A pre - blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with the future structures that meet the pre - blasting inspection criteria of Ordinance 04 -55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 27. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre - construction meeting or prior to excavation permit approval. 28. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 29. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through 11 Packet Page -42- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 - Resolution 08 -290 Mining Ventures, LLC the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 30. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 31. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 32. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence during the reclamation phase of the project as required by FDEP Permit #0271820 -001. 33. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. 34. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 10-N, . 35. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. 36. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 37. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. 38. Blasting shall be limited to the blast zone depicted on the attached map. 61195540 A Packet Page -43- COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISION/ PLANNING AND REGULATION 1/24/2012 Item 7.A. 2800 NORTH HORSL.,,.w,_ wrxiv, NAPLES, FLORIDA 34104 (239) 252 -2400 FAX (239) 252 -6358 CONDITIONAL USE RE- REVIEW (CUR) (Review of Conditional Use approved with Stipulations snouia the board of county c;ommissioners approve a Conditional Use with stipulations, the Conditional Use shall be reviewed to determine whether the applicant has met the conditions of approval or whether additional stipulations are necessary. Applicant must submit required documents addressing the stipulations no later than six (6) months prior to the date mandated by the Board of County Commissioners. PETITION NO CUR -nL. 20110301177 REV: i PROJECT NAME SR E=46 LAND TRUST DATE PROCESSED GATE: 3/16111 DUE: 9/1111 APPLICANT INFORMATION NAME OF OWNER SR 846 Land Trust ADDRESS 3606 Enterprise Avenue CITY Naples STATE FL ZIP 34104 TELEPHONE # 239 -643 -3343 CELL # FAX # 239 - 643 -4726 E -MAIL ADDRESS: dbarber @bcbe.com NAME OF PETITIONER: Mining Ventures, LLC ADDRESS: 3606 Enterprise Avenue CITY Naples STATE FL ZIP 34104 NAME OF AGENT /APPLICANT R. Bruce Anderson FIRM Roetzel and Andress, LPA ADDRESS 850 Park Shore Drive, Third Floor CITY Naples STATE FL ZIP 34103 TELEPHONE # 239 - 649 -2708 CELL # FAX # 239 - 261 -3659 E -MAIL ADDRESS: banderson @ralaw.com REQUEST DETAIL Property Address 16000 Immokalee Road CU Resolution 08 -290 Section/Township /Range 35, 36, 1, 2 /47,48 /27 Folio # 00113480009, 00209240001, 00209200009, 00113520008 Submittal Requirements: ➢ Application Review fee in the amount of $750.00 ➢ Legal Advertising Fee $500.00 (estimated, will be reconciled when invoiced by newspaper) ➢ Addressing Checklist ➢ Eight (8) copies of Letter describing request Eight (8) copies of all documents necessary to address stipulations ➢ Eight (8) copies of application form Make check payable to Board of County Commissioners Packet Page -44- 1/24/2012 Item 7.A. MINING VENTURE, LLC 3606 Enterprise Avenue Naples, FL 34104 (239) 643 -3343 PETITION #CUR- PL2011 -1177 The following are all of the business and individual interests of the parties involved in the above petition as of July 18, 2011. Petitioner: Mining Venture, LLC Manager: Owners: Land Owner: SR 846 Land Trust Co- Trustees: Donald R. Barber SR 846 Land Trust Michael Boran, Trustee Ronald L. Brown, Trustee Jones Mining, LLC Damon E. Jones, Manager Michael Boran and Ronald L. Brown Beneficial Owners: HHH Investments, L.P., A Florida Limited Partnership Francis Desmond Hussey, III 20% Mary Pat Hussey 20% Francis Desmond Hussey, IV 20% Sean Neade Hussey 20% Anne Craven Hussey 20% Total: 100% HIALMO, LLC H.A. Street, Manager Ronald L. and Michelle M. Brown, Co- Trustees of The Ronald Brown Trust Ronald L. and Michelle M. Brown, Co- Trustees of The Michelle Brown Trust Tamara Brown Alexander and Brenda Hunsinger Co- Trustees of the Suivant Le Soleil Trust Pamela L. Detrick 20% Ronald J. Brown 20% Tamara Brown Alexander 20% Brenda Hunsinger 20% Christina Stivers 20% Total: 100% 50% 50% 20% 20% 12.5% 12.5% 5% CUR- PL20110001177 REV:1 SF� 246 LAND TRUST 1 DATE: W1 8/1'i DUE: 911111 Packet Page -45- ,� 1/24/2012 Item 7.A. �-. BCB Land Company, Inc. 30% Michael L. Boran 33% Richard D. Craig 33% Richard A. Dykman as Trustee of 12.5% The Richard A. Dykman Trust Of May 9, 2009 1 % Michael J. Boran as Trustee of The Michael J. Boran Irrevocable Trust of 2003 5% Donald R. Barber and Anne B. Barber for The Donald R. Barber Revocable Trust of 2001 11% 'Thomas R. Craig 0.5% Melvin L. Engel, Jr. 11% Verlyn W. Fischer, Jr. and Patricia D. Fischer, as Trustees of The Verlyn W. Fischer, Jr., Revocable Trust of 2002, Dated June 7, 2002 3.5% James F. Bunnell and Nancy C. Bunnell as Trustees of The James F. Bunnell Revocable Trust of 2002, Dated October 1, 2002 2% Total 100% Operator: Collier Aggregates, LLC Manager: Damon Jones Owners: TOTAL: 100% Streak Rocks, LLC 50% GR Management, Inc. 25% Norstan Investments, LLC 12.5% Jamon Investments, LLC 12.5% Total 100% OA Packet Page -46- 1/24/2012 Item 7.A. AFFIDAVIT We, Michael Soran and Ronald L Brown Co- Trustees of SR 846 Land Trust being first duly sworn, depose and say that SR 846 Land Trust is the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. We understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner, we further authorize R Bruce Anderson of Roetzel and Andress. LPA to act as our representative in any matters regarding this Petition. IgnatPro rty wn r Signature of Property Owner Michael Boran Co- Trustee, SR 846 Land Trust Ronald L. Brown Co- Trustee, SR 846 Land Trust 7ore going instrument w s acknO=�� e this moo_ day of 201 �, by who is personally known to me ;has roduced tiflca ' n T}, : '' i ture of Notary Public) �. (Print, Type, or Stamp Commissioned Name of Notary Public) . The foregoing instrument was ack xilaledgad before me this ho is personally Of known to me 2011, by or has produced as identification. (Signature of Notary Public) (Print, Type, or Stamp Commissioned Name of Notary Public) CUR- PL20110001177 REVA SR 846 LAND TRUST DATE: 8/18111 DUE: 9/1/11 Packet Page -47- JU1 16 2011 1:47PM R L Brown Family L P r, - � I "blll� AFFIDAVIT 1/24/2012 Item 7.A. 970 - 923 -6621 P.1 we, ' I B oa wn C FS q duly 9wom, depose and say that SR 646 Land Trust fs the owner of th prroparty deSolbed herein and which /s the O1 blOct roatte►r of the proposed heartrrg; that a/i the answers to the qusstlons In this appficatlon, Including Me disclosure of interest Infarmetidn, all sketches, data, and other supplementary ratter attached to and made a Part of thla application, pre honest and true to the pest Of n?y knowledge and belief. We understand that the Information tequesied on this applicstlon must be cemplste and accurate end that the content of this form, whetfisr computer generated or urrry P ntect ah0 not be altered. Public hearings will no! be agOMPusd urrbl that appllcetlon Is deemed complete, and aI/ required inforrnsfion has been submlttad, As property owner, we further authorize BrU20 A n f a n ss LPA to act as our representative in airy Mgi ors re oe za! g►arding ihls Petition. Signature of Property Owner Micheal Boran Co- TruStes, Slat 846 Land Trust The foravaing lnstrumant was 2011, by - pro ce ar has d rt IS 'i ature of party 0 Ronald. L, Brown Co- Trustee, SR 848 Land Trust before me this —lj�— day of Owl _ ,_who IS personally known to .. (Signature OlNotsry Pru"c) {Print, Type, ar -Stamp Conn /ss IY$nts of Notary p`ubflc) The. foregoing Ins#rumsnl. w8a acknow/edgv(f before me this •gym 2011, by —. a-_.� day of or has produced who is personally known to nv as IderiMcation. (Signature of Notary Pubic) (Print, Type, or Stamp Cornmrssr'oned Name of Notary Public) CUR- PL20110001177 REV:1 SR 846 LAND TRUST DATE: 8118111 DUE: 9/1111 Packet Page -48- Fared to Number: * ** 22894 4R: 2396 PG 1/24/2012 Item 7.A. 1ICMD is o«1CIA I1CM8 of COLL111 Count, A 83 /11/18 at 82:11011 Dillon 1. HOCK, tun UC III C00 lea: PIQ STU141 It u PICK DP WARRANTY DEED�,;d This Indenture, Made this 3rd day of Apocf. 1998 A.D., Between John G. Vega as Trustee of the State Road 846 Land Trust Agreement, formerly known as the Land Trust Agreement dated May 17, 1990 of the County of Collier , state of Florida, grantor, and Michael Boran and Ronald L. Brown as Successor Co- Trustees to the State Road 846 Land Trust Agreement. a of the County of Collier state of Florida, grantee. w Wksteneth that the Gmmw, for and Wr ousideration of the sum of Ten Dollars and Other Good and Valuable Conslderadon, o in hand paid by the Grantcc, reocipt whereof is hereby acknowledged, Ins granted• bargained and sold to the said Grantee and Grantee's heirs and assigns forever, the following described land, situate, lying and being in duo County of COLLIER ° Sate of Florida to wit: All ur Sections 35 and 36 Townshi p 47 South 27 Range a East, and an of Setxlosts l and 2. Township 48 C South, Range 27 East aH in Collier County, Florida, less the Wert fifty feet (50') of Sections 35 and 2. e W and the Grantor does hereby fury warrant the tide to said land, and will defend the same against lawful claims of all persons t4 whomsoever. w C tai to of CT d This is a Decd from a Trustee of a Trust to the Staxxssnr Trustees and is therefore exnnipt from Florida documentary stamp taxation. In Witness Whereof, the grantor has hereunto act his hard and seal the day and year first above written. Sinned, seated and delivered In ow prCw=: D i t° //Printed Name ,-,A /-) o ►;[PP n !,� i!t_ iii i� r /) „ t) "' Printed Name: V, 1Z,—,,o or 1, u c , n n« Witness a H STATE OF FLORIDA }, COUNTY OF COLI19 m t~ � ,�yr �jrc gregoing instrument was acknowledged before me this day of �/ 199p hy, /t'' (?. > G;-A who isWsoruaiiy known to roe or who has profit -ed his as ° identification. ' ' -� ,y,�.. o This Document Prepared 13y: d�7 v John G, Vega, Esquire tinted Name: a Vega Stanley Zelman & Hanlon P A NOTARY PUBLIC O O M e-•so W 000 M O O p~i H r a rn �o � r +n w Y O 0 w m sXi o a � a n c O o �a nn. o� S 2660 Airport Road South My Commission Expires: ` ----' cd,►L Naples, Florida 34112 4 )c µ BUK OF (941) 774 -3333 }u•inAMPt1at]CSrX FIAR�A t- •OMMI�[UN NO. C 1 it THIS DEED IS SEAS; RE- RECORDED TO CORRECT THE NOTARY BLOCK s/ Packet Page -49- CUR- PL20110001177 REV :1 SR 846 LAND TRUST DATE: 8/18/11 DUE: 9/1111 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 2QQ4 AR 6994 — Resolution 08 -290 Mining Ventures, LLC Response to the Conditions of Approval for SeptembeF 29, 2009 October, 2011 Review Mining Ventures, LLC, Petitioner: SR 846 Land Trust, Property Owner CUR- PL2011 -1177 — Resolution 08 -290 Following is the response to the Conditions of Approval that were part of the Conditional Use re- review approval issued for the SR 846 Land Trust parcel on September 23, 2008. The responses are in bold and have been prepared by members of SR -846 Land Trust Earth Mine consultant team consisting of: WilsonMiller (planning and civil engineering), GeoSonics (seismology); Roetzel & Andress, LPA (land use attorney); Passarella & Associates (ecology), and Missimer Groundwater Science (groundwater hydrology). Collier County Conditions of Approval CUR- PL2011 -1177 6 -A4-AR -6904 S.R. 846 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. 1. The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found not to be in the public interest or are detrimental to the public health, safety, or general welfare. All conditions continue to be complied with and monitored, and are addressed in this response. 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will investigate blasting complaints. The firm and/or candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. The neighborhood engineering committee was formed and two engineering firms were chosen (Forge Engineering, Inc. and Bob Rude Structures, Inc.) to investigate blasting complaints if the complaints cannot be resolved by SR -846 Land Trust Earth Mine. Since the task assigned to this committee is complete, there is no longer a need for the neighborhood engineering committee. 3. The conditional use approval shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this .conditional use approval, again one year after the first anniversary review, and every subsequent two years thereafter to determine whether additional stipulations or mitigation are necessary to ensure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use the foregoing standards in their review and in the event of the inability of Development Services ^ and applicant to agree upon additional stipulations or mitigation, the matter will be referred CUR- PL20110001177 REVA SR 846 LAND TRUST DATE: 8118/11 Packet Page -50- DUE: 9/1111 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 - 20A4AR 6_8A4 — Resolution 08 -290 Mining Ventures, LLC to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. The applicant has initiated an application for Conditional Use Re- Review and attended a pre - application conference on May.27, ,moo July 13, 2011 for said application. The applicant will be available for the , BZA meeting. The applicant respectfully requests the removal of this condition of approval. Other conditional uses for mines have been approved since the initial approval of this conditional use application, and this condition was not placed on any other mines. This condition places an undue burden on the applicant. 4. This Conditional Use for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued. Acknowledged. The excavation permit has not been issued as of May 16, 2009 July 13, 2011. 5. Jones Mine shall set -up a bi- annual $40,000 fund that shall be designated for neighborhood improvements. The Gommottee made three d6sbUF6GFH8RtS On 2008. The rcmmmottee was weFe made n 2009; ... .S. �. low AN The Gommottee made three d6sbUF6GFH8RtS On 2008. The rcmmmottee was weFe made n 2009; Packet Page -51- ... .S. �. Packet Page -51- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 -P-004y4R -GA A4— Resolution 08 -290 Mining Ventures, LLC �.. . it� - �.. . The following disbursements from the Community Fund have been made since the last reporting period: 10/22109, Palmetto Ridge High School; $10,000; % of the funds were used for after school transportation program and % of the funds were used for after school tutoring 01/15 /10:Golden Gate Hammerheads; $250; this is a local travel ball team made up of youth from the Estates area; this donation helped with their travel costs 01/15/10; Naples Youth Baseball; $500: this is a local travel ball team made up of youth from the Estates area; this donation helped with their travel costs 01/15110: Packet Page -52- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 220^zR-6994— Resolution 08 -290 Mining Ventures, LLC 01/15110: People to People Ambassador Programs: $200: local student opportunity to go to Australia as part of the Ambassador program: this donation helped with travel costs 03/22/10; Corkscrew Middle School; $5,000; for assistance in purchase of copier 05/18/11; Palmetto Ridge Hiah School; $5,000; for the after school transportation program The applicant respectfully requests that this condition of approval be deleted. Other conditional uses for mines have been approved by the BCC since the original approval of this conditional use, and this condition was not placed on any other mines. This condition places an undue hardship on the applicant and the applicant has already contributed substantially for public school purposes as previously reported. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. County engineering personnel have been present for each blast. The inspectors share information with the operation's technical recording team to review and compare the statistical data from each blast event. A $200 fee is paid to the County for each blast that covers the inspector's costs. 7. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. Applicant has a $500,000 surety bond to assure compliance with LDC requirements. Current term of this bond is from March 31, 2009 through March 31, 2012. 8. The local damage contact will be Mr. Damon Jones at 239 - 304 -1506 or collieraw ciates.com. Damon Jones remains the local concerns contact and his telephone number remains the same. The jenes Mine Collier Aaareaates website is updated periodically with new information about the various mining activities. 9. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. S+,i eeR (-16) Two 2 blasts have occurred between the September 23, 2008 2009 re- review hearing of the conditional use approval and the preparation of this response (early d+ne,2009 July, 2011). Engineering Services Department Staff has monitored every blast and the applicant has not exceeded the maximum limit of 120 cibl. A log of blasting events since August 25, 2006 is included as Attachment 1. Packet Page -53- 1/24/2012 Item 7.A. Packet Page -54- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 - 2994 -AR -6994 — Resolution 08 -290 Mining Ventures, LLC 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Sixteen (ate Two 2 blasts have occurred between the September 23, 2409 2009 re- review hearing of the conditional use approval and the preparation of this response (early dune, 2009 July, 2011). Engineering Services Department Staff has monitored every blast and the applicant has not exceeded the maximum limit of 120 dbl. A log of blasting events since August 25, 2006 is included as Attachment 1. 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. Si*teen (16) Two 2 blasts have occurred between the September 23, 2906 2009 re- review hearing of the conditional use approval and the preparation of this response (early die, -2909 July, 2011). Engineering Services Department Staff has monitored every blast and the applicant has not exceeded the maximum limit of 120 dbl. A log of blasting events since August 25, 2006 is included as Attachment 1. 12. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. SWeen (16) Two 2 blasts have occurred between the September 23 806 2009 re- review hearing of the conditional use approval and the preparation of this response (early die; -2009 July, 2011). Engineering Services Department Staff has monitored every blast and the applicant has not exceeded the maximum limit of 120 dbl. A log of blasting events since August 25, 2006 is included as Attachment 1. 13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi - annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has been terminated. A one dollar ($1.00) fee per loaded truck has been collected and paid to the County. The fees fGr the second quar-teF Gf 2009 well be paid shertly, and 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. A proposal has been received from Dr. Robert Carr, the archaeologist who performed the initial study of the property. He will meet with employees once the Excavation Permit for the expansion area is issued and inform the employees of what to expect and the procedures to be followed should any historical or archaeological artifact be uncovered as the result of mining operations. n Packet Page -55- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review ^ Response to Conditions of Approval CUR- PL2011 -1177 -2904 AR 6994 —Resolution 08 -290 Mining Ventures, LLC 15. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. Annual reports have been filed as required. Included. as Attachment" 2 arte is the 2010 annual report including accident reports, traffic counts, and photographs indicating the conditions of the roadway adjacent to the property entrance on Immokalee Road. Mining Read fFGm 2006 thFGUfJh Septemb8F 9f 213109 Thp Calloar. Cn--n (see e mail fFgm MaFiaRna 14eFFGFa dated june 4, 2009, AttaGhFnent 4). TG the knowledge of the mono GPOFatGF, no traffic asaidents have r-, uinr -a dd a OG 16. The storm water run off quality should not be affected with the proposed excavation area expansion. The storm water run off quality has not been affected by the existing mining operations and will not be affected by any expansion that occurs in the future. 17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to the residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. A Site Improvement Plan (SIP) was issued by the County in September 2006 for the Type B buffer. The buffer has been constructed and maintenance performed as necessary. 18. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties /enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. Only portable rock crushing equipment is being used. Surrounding each power - generating unit attached to the equipment is a noise suppression device. Pumps ^ used in the dewatering process either have rock stacked adjacent to them or have Packet Page -56- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 - 2894 -AR -6994 — Resolution 08 -290 Mining Ventures, LLC sound deflectors next to their motors to deflect the noise away from the adjoining properties. 19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan — Phase I and II. Blasting has only occurred within the permitted area shown on the Conditional Use Master Plan — Phase I. Blasting will not occur in the Phase II area until an Excavation Permit for Phase II has been issued. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. Existing utility, access roads, and drainage are functioning and are being maintained. 21. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04 -55, as amended. Blasting operations have been conducted at the Jones Mining site in specific compliance of the Collier County LDC, these Conditions of Approval, State of Florida Regulations, and applicable federal regulations. 22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. if the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. The hours of pit operation have been from 7:00 A.M. to 6:00 P.M. Monday through Saturday. 23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. All blasting has occurred between 9:00 AM and 4:00 PM, Monday through Friday. Engineering Services Department Staff has monitored every blast and the applicant has not exceeded the maximum limit of 8 days per month of blasting activities. A log of blasting events since.the pUb',G ;eat August 25, 2006 for the conditional use Feview on SeptembeF 23, 2009 is included as Attachment 1. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. Packet Page -57- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 2^^4.R-fi_8A4— Resolution 08 -290 Mining Ventures, LLC The depth of the blasting and .excavation has not exceeded the maximum allowable depth of 45 feet. A confining layer has not been encountered in the excavation operations to -date and therefore, excavations are reaching the 45 feet maximum depth. 25. Excavation shall-occur from the eastern boundary and work towards the western boundary of the property. Excavation is proceeding from the eastern edge of the excavation and working toward the western edge of the excavation area. 26. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right -of -way shall be the applicant's responsibility. The southbound truck acceleration lane has been designed and informal discussions have occurred with Collier County. The southbound lane has not been installed because the maximum limit of 800 loaded trips has not been exceeded. 27. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. The maximum limit of 800 loaded trips per day has not been exceeded. 28. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. These procedures will be followed at the end of mining activities. 29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between 16th Street N.E. and 201h Street N.E.; at the eastern property border between 52nd Avenue N.E. and 58th Avenue N.E. Seismographs were installed at the site per the above condition. The instruments were installed permanently on September 4 -5, 2006. Each instrument meets the criteria of the State of Florida and is operated by GeoSonics, Inc. a qualified and independent vibration consultant. The instruments operate from 6:00 a.m. through 8:00 p.m. daily to cover all blasting and operational hours. Packet Page -58- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 - 2804- AR-6904 —Resolution 08 -290 Mining Ventures, LLC Following each blast, all results are downloaded from the seismographs. The records are printed and the results provided to SR -846 Land Trust Earth Mine, Collier County CDES, and Florida Drilling & Blasting (a licensed blasting contractor conducting the blasting at the mine site). 30. A pre - blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with the future structures that meet the pre - blasting inspection criteria of Ordinance 04 -55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. Engineering Services Department has the records of the pre - blasting survey, and the inspection reports are kept on file with the County. 31. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre - construction meeting or prior to excavation permit approval. n The indigo snake plan and name of the monitoring biologist have been provided to CDES as part of the Excavation Permit application. The eastern indigo snake plan follows the guidelines established by the U.S. Fish and Wildlife Service. 32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. The applicant shall comply with all protocols and procedures for listed species as required by federal and state law. An application to FWS has been made and the County was notified by FWS of the application. 33. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. This initial survey was provided in the Environmental Impact Statement (EIS) for the Phase I excavation permit. Follow -up surveys will be conducted as required by FWC Technical Assistance and submitted to Environmental Services Department staff. Packet Page -59- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 2904-A,° 6994— Resolution 08 -290 Mining Ventures, LLC 34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. Vegetated buffers exist between wetlands and the mining operation. 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. The applicable permits and other information will be provided by the Applicant prior to excavation permit approval. 36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. The location of the 5.3 acre littoral area is shown on the Excavation Permit application drawings for Phase II. The conceptual plans for the littoral area have been provided to the Environmental Services Department. The applicant respectfully requests revision to this condition of approval to provide that construction will commence no later than September 25, 2909 and WHI be Mlsh8el 11—N an OF _hGfG_F8 SeptembeF 26, 2012 during the reclamation phase of the project as required by FDEP Permit # 0271820 -001. 37. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. The applicant has complied with all applicable conditions of the original Conditional Use. 38. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. The mining operators have monitored, recorded and reported the water table in the adjacent on -site wetlands as required. The most recent data collected is included as Attachment a 3. These results have been provided to CDES staff for forwarding to the EAC members. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. The FWC previously commented on the impacts of blasting and concurred with the USFWS that no additional coordination would be necessary for blasting in the ^ project area. As required by FWC Technical Assistance, follow up pedestrian Packet Page -60- 1/24/2012 Item 7.A. October 2011 Conditional Use Re- Review Response to Conditions of Approval CUR- PL2011 -1177 2994 R 6994— Resolution 08 -290 Mining Ventures, LLC surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. No information regarding the burrowing owl embryo has been forwarded to the applicant from the County. 40. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. Community Development and Environmental Services Division has worked with the applicant to ensure the permitting process continues in a timely manner. 41. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. Blasting will terminate five (5) years after the issuance of the Excavation Permit for Phase 11 of the mining operation. 42. Blasting shall be limited to the blast zone depicted on the attached map. n Engineering Services Department Staff has monitored every blast, and ensures that the blasts are limited to the blast zone, and those inspection reports are filed with the County. n Packet Page -61- 1/24/2012 Item 7.A. Attachment 1 n @tastina Lou Info Packet Page -62- Peak Blast # of LBS/ Hole Particle Date Holes Holes Diameter in S acin ft Depth(ft) Vel. in /sec PSPL db 8/25/06 179 135 3.5 13 35 0.148 113 9/5/06 165 99 3.5 13 20 0.048 128 9/8/06 104 131 3.5 13 35 0.103 121 9/13/06 132 148 3.5 12 35 0.080 116 9/19/06 105 146 -3.5 12 35 0.078 121 9/26/06 107 135 3.5 12 35 0.053 126 10/3/06 127 147 3.5 13 35 0.060 104 10/9/06 95 144 3.5 12 35 0.080 106 10/12/06 235 144 3.5 12 35 0.130 110 10118106 170 143 3.5 12 35 0.078 118 10/20/06 110 140 3.5 13 35 0.065 108 10/23/06 195 139 3.5 13 35 0.045 107 10/24/06 40 60 4.5 12 15 <.020 - 10/25/06 25 60 3.5 12 15 <.020 - 10/27106 259 143 3.5 13 35 0.078 111 11/2/06 100 185 4 15 35 0.048 105 11/3/06 140 146 3.5 13 35 0.083 115 11/6/06 180 147 3.5 13 35 0.080 118 11/13/06 263 146 3.5 13 35 0.058 107 11/17/06 78 148 3.5 13 35 0.083 117 11/20/06 103 199 4 15 35 0.075 116 11/29/06 100 194 4 15 35 0.048 100 12/6/06 100 192 4 15 35 0.123 110 12/20/06 94 155 4 15 35 0.100 112 1/16/07 131 161 4 17 30 0.098 108 3/6/07 132 132 3.5 14 35 0.185 117 6/20/07 78 78 4.5 15 19 0.088 113 6/22/07 78 71 4.5 15 19 0.065 110 6/29/07 76 155 4.5 17 30 0.165 116 7/3/07 69 155 4.5 17 30 0.148 118 7/9/07 101 70 4.5 17 20 0.083 104 7/17/07 96 70 4.5 17 20 0.060 106 7/19/07 99 70 4.5 18 20 0.055 106 7124/07 99 70 4.5 18 20 0.073 107 8/9/07 69 139 4.5 18 30 0.133 110 8/15/07 69 129 4.5 18 30 0.178 115 8/21/07 94 135 4.5 18 30 0.153 112 8/27/07 89 99 4.5 20 25 0.100 111 9/7/07 78 75 4.5 18 20 0.090 107 9/13/07 43 60 4.5 18 20 0.070 108 9/19/07 70 51 4.5 18 20 0.055 105 11/30/07 40 30 4.5 20 15 0.043 103 12/13/07 40 25 4.5 18 15 0.093 113 12/13/07 40 50 4.5 18 25 0.115 112 2/21/2008 20 30 4.5 20 15 0.038 104 2/21/2008 20 30 4.5 20 15 0.043 100 2/21/2008 20 30 4.5 20 15 0.033 94 2/21/2008 20 30 4.5 20 15 0.043 92 2/28/2008 10 48 4.5 20 20 0.043 105 2/28/2008 12 1 48 4.5 20 20 0.045 105 Packet Page -62- 1/24/2012 Item 7.A. 2/28/2008 12 48 4.5 20 20 0.038 104 2/28/2008 12 48 4.5 20 20 0.040 111 3/20/2008 28 48 4.5 20 20 0.078 110 3/2012008 28 48 4.5 20 20 0.055 116 3/20/2008 28 48 4.5 20 20 0.060 111 3/24/20081 25 48 4.5 20 20 0.068 111 3/24/2008 25 48 4.5 20 20 0.055 109 3/24/2008 24 48 4.5 20 20 0.045 110 3127/2008 21 48 4.5 15 20 0.048 107 3/27/2008 23 48 4.5 15 20 0.050 101 3127/2008 23 48 4.5 15 20 0.058 101 4/4/2008 21 48 4.5 20 20 0.053 100 4/4/2008 21 48 4.5 20 20 0.063 92 4/4/2008 21 48 4.5 20 20 0.068 92 4/4/2008 21 48 4.5 20 20 0.048 90 4/10/20081 35 60 4.5 20 25 0.063 106 4/10/2008 28 60 4.5 20 25 0.115 112 4/17/2008 28 60 4.5 20 25 6.063 115 4/17/2008 28 60 4.5 20 25 0.100 114 4/17/2008 28 60 4.5 20 25 0.100 112 4/28/2008 28 60 4.5 20 25 0.080 110 7/1012008 40 60 4.5 20 25 0.108 101 7110/2008 40 60 4.5 20 25 0.068 106 10/7/2008 40 50 4.5 15 25 0.078 107 10/9/2008 34 60 4.5 20 25 0.085 113 10/15/2008 36 60 4.5 20 25 0.073 111 10/23/2008 48 60 4.5 20 25 0.123 111 10/23/2008 39 60 4.5 20 25 0.078 101 12/8/2008 27 60 4.5 20 25 0.073 111 12/8/2008 35 60 4.5 20 25 0.115 114 3/6/20081 20 60 3.5 18 25 0.050 106 3/18/2009 43 60 3.5 18 25 0.088 113 3/18/2009 47 60 3.5 18 25 0.100 119 3/23/2009 40 60 4.5 15 25 0.065 110 3/23/2009 48 50 3.5 18 25 0.090 112 3/26/2009 40 60 4.5 15 25 0.120 104 3/26/2009 48 50 3.5 18 25 0.133 111 4/1/2009 44 50 3.5 18 25 0.058 113 4/1/2009 44 60 4.5 15 25 0.135 111 3/15/2011 65 72 3.5 20 30 0.090 108 6/1/20111 69 1 60 1 3.5 1 22 1 25 0.105 1 102 * PPV cannot excees monthly avg of 0.20 (Collier County) or 0.50 at any blast per State ** PSPL cannot exceed 133db on any blast per State Packet Page -63- 1/24/2012 Item 7.A. Attachment 2 SR-846 Land Trust Jones Mine Development September 28, 2010 PREPARED BY: 4zfiE� FLORIDA TRANSPORTATION ENGINEERING, INC. (FTE) 8250 PASCAL DRIVE, SUITE 101 PUNTA GORDA, FLORIDA 33950 C ?iR_PI ')n•idnnn;47-7 n-XI 4 SR E46 LAND TRUST DATE: 8/18/11 DUE: 9/1/11 Packet Page -64- TE ..... wr�aa rsan.a: raa, ,.. r.+.awn,.x. •arvra�v+ -. September 28, 2010 Mr. Damon Jones Jones Mining Company, LLC 1600 Immokalee Road Naples, FL 34120 RE: Jones Mine Development, Roadway Condition Study FTE Project No. 110031 -01 Dear Mr. Jones: 1/24/2012 Item 7.A. n FTE has prepared a report for the Jones Mine development located on Immokalee Road in n Collier County. The report includes the current physical condition of the roadway, historic crash data, collision diagram, and the quarterly traffic counts at the entrance to the development. The following is a summary of the analysis. Physical Condition of Roadway FTE performed a field review to assess the physical condition of the roadway in the project vicinity. Immokalee Road (CR 846) is a two -lane undivided County roadway. The posted speed limit on Immokalee Road is 55 miles per hour (mph). Immokalee Road is 22 foot wide in the project vicinity. The roadway pavement appears to be above average and there were no potholes, erosion, or damage to the shoulders. FTE observed the roadway condition on each side of the project entrance. Following are the photos depicting the existing roadway conditions: 8250 Pascal Drive 7955 NW 12th St, Ste 418 11458 N 53rd Street Punta Gorda, FL 33950 Miami, FL 33126 Tampa, FL 33617 (941) 639 -2818 (305) 463 -8411 (813) 989 -0729 Fax: (941) 639 -4651 Fax (305) 463 -8744 Fax (813) 989 -0731 �\ www.feinc.net Packet Page -65- TE Mr. Damon Jones September 28, 2010 Page 2 1/24/2012 Item 7.A. 0.1 Mile North of Jones Mining Road 0.2 Mile North of Jones Mining Road Packet Page -66- v. TE xe^urr+r- wmcr. exsux n ..axree> ♦�. awr�wrma_. Mr. Damon Jones September 28, 2010 Page 3 0.3 Mile North of Jones Mining Road 0.4 Mile North of Jones Mining Road Packet Page -67- 1/24/2012 Item 7.A. TE Mr. Damon Jones September 28, 2010 Page 4 . 1/24/2012 Item 7.A. 0.1 Mile South of Jones Mining Road 0.2 Mile South of Jones Mining Road Packet Page -68- TE •v;.wasrw +a.�. rrsn :s ..f�r<rs .+ Mr. Damon Jones September 28, 2010 Page 5 1/24/2012 Item 7.A. 0.3 Mile South of Jones Mining Road 0.4 Mile South of Jones Mining Road Packet Page -69- TIE Mr. Damon Jones September 28, 2010 Page 6 1/24/2012 Item 7.A. Crash Review and Analysis FTE reviewed the five -year crash data obtained from the Collier County Traffic Operations Department. The summary of crash data is shown in Table 1. Table 1 Summary of Crash Data isoca ion ' Crash Tyke.: 2005 2006 ` 2fl07 2008: '2009° Intersection of Immokalee Road at Jones Mining Road Angle 1 0 0 0 0 Left Turn 1 0 0 0 0 Side Swipe 0 0 0 1 0 Head -On 0 0 0 0 0 Motor vehicle with non motor Vehicle 0 0 0 0 0 Total 2 0 0 1 0 As shown in Table 1, there were a total of two crashes reported in the year 2005 and one in 2008 at the intersection of Immokalee Road and Jones Mining Road. There were no crashes in the years 2006, 2007, and 2009 at the entrance of the Mine. The collision diagram and the Florida traffic crash reports are provided in Appendix A. Quarterly Traffic Counts (3rd Quarter 2010) The quarterly traffic counts for the 3rd quarter were collected in the week of September 20, 2010. The summary of traffic counts is provided in Table 2. The location of the counts is shown in Figure 1. Traffic counts are provided in Appendix B. Packet Page -70- Mr. Damon Jones Seplember 28, 2010 Page 7 TE Table 2 SR 846 Land Trust Quarterly Traffic Counts (3rd Quarter 2010) 1/24/2012 Item 7.A. Figure 1 Location of Counters ENTRANCE ROAD TO EXCAVATION SITE IS LOCATED APPROXIMATELY 1.5 MILES NORTH OF THE COUNTY FAIRFROUNDS OR 2.3 MILES NORTH OF CR-M (OIL WELL ROAD). Counter locations Packet Page -71- ,--N, 21 -Se -10 2-Sep-10 Average EB' NB " "" SB" " 2=Va ` """ NB SB 2 =Wa NB SB " 2-Way CR -846 N. of Entrance Rd. 2828 2747 5575 2995 2976 5971 2913 2860 5773 CR -846 S. of Entrance Rd. 2906 2786 5692 3150 3117 6267 3028 2954 5982 Figure 1 Location of Counters ENTRANCE ROAD TO EXCAVATION SITE IS LOCATED APPROXIMATELY 1.5 MILES NORTH OF THE COUNTY FAIRFROUNDS OR 2.3 MILES NORTH OF CR-M (OIL WELL ROAD). Counter locations Packet Page -71- ,--N, 21 -Se -10 22-Sep-10 Average EB' WB . ° 2 =Va " EB ":', WB 2 =Wa Entrance Rd. E. of CR -846 T587334 492 345 589 934 252 ........._...... 461 . 713 Figure 1 Location of Counters ENTRANCE ROAD TO EXCAVATION SITE IS LOCATED APPROXIMATELY 1.5 MILES NORTH OF THE COUNTY FAIRFROUNDS OR 2.3 MILES NORTH OF CR-M (OIL WELL ROAD). Counter locations Packet Page -71- ,--N, TE Mr. Damon Jones September 28, 2010 Page 8 1/24/2012 Item 7.A. In summary, based on field observation and crash data, the development has no adverse impact on the roadway. After reviewing our analysis, should you have any questions or comments, please do not hesitate to contact me at (941) 639 -2818. Sincerely, Paresh Patel Project Planner Copy: Ravi Devaguptapu, P.E., PTOE Ravi Kamarajugadda Packet Page -72- 1/24/2012 Item 7.A. APPENDIX A COLLISION DIAGRAM AND FLORIDA TRAFFIC CRASH REPORTS CUR- PL20110001177 1-(EV:1 SR & o LAND TRUST DATE: 8/18/11 DUE: 9/1111 Packet Page -73- I/L411UI1 Item /.A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 150-020 -04 TRAFFIC ENGINEERING N/99 COLLISION DIAGRAM L OCA T I ON I De CR 846 & JONES MINE ENTRANCE COUNTY: COLLIER C I T Y: IMMOKALEE DRAWN BY: RCA DATE: 09 -27 -10 N N.T.S. ( L� tA P —�— el SIGN D 1 (P2 0 9.9.08 3-WAY FLASH R. YELLOW ON IMMOKALEE RD @@)(D13,09 10.19.05 JONES MINE � D c Q10 :35 ENTRANCE 1 -5 -05 Q UNKNOWN U� COLLISION SYMBOLS CONDITION CODES < VEHICLE PATH E REAR -END COLLISION PAVEMENT CONDITION: WD BACKING VEHICLE CIE HEAD -ON COLLISION D =DRY W--WET 1 =ICY <- - NON- INVOLVED VEHICLE SIDE SWIPE WEATHER CONDITION: <- - - - - -- PEDESTRIAN PATH OVERTURNED VEHICLE C =CLEAR R =RAIN F =FOG ■ FIXED OBJECT RIGHT TURN COLLISION CL= CLOUDY $ =SNOW PARKED VEHICLE O PERSONAL INJURY LEFT TURN COLLISION LIGHT CONDITION: L= DAYLIGHT DK =DARK • FATALITY RIGHT ANGLE COLLISION TIME OF DAY (MI LITARY) 005 - 2009 CRASH SUMMARY PROP. DAMAGE ONLY I NJ URY FATAL TOTAL DAY TIME 3 0 0 3 NIGHT TIME 0 0 0 0 TOTAL 3 0 0 3 Packet Page -74- [] LAW ENFORCEMENT SHORT FORM REPORT po DRIVER REPORT OF TRAFFIC CRASH [� DRIVER EXCHANGE OF INFORMATION HJ, 1/24/2012 Item 7.A. ORIGINAL REO(AM BY YOU. REPORT COMPU ED W IAW ENFOFX*WW AGMY. Packet Page -75- fi 1/24/2012 Item 7.A. 0 DIAGRAM INDICATE NORTH WITH ARROW .rf AviiJ_iAu rG.,S tl t U q_v, l l4— i Z• V OMER / Ot No InPoper a 4N / 02 CMebu 00" In 11�w) 1 z Q 02 00. Makes 01 No DAM 1 �,, 02 Stosig / 8foppad l � LNt Tun 17 7 I Q ( Fwm _ 1 D3 FeMd lo Ybid Rgfe Way "Plow 04 fj3 Q 04 Dtlad vs IoPt� O '� 04 - 1 14 1 w, 1, DShoold- arlet3wpe "MM une 08 Inpopm Tom 07 AlmMol - Urder bBuetrca J / ono 05 PWCkn / BYwralt / / 1 ooa OB Sleafip kaedt OS AWAtp F6pld Tun 11 Paekg 08 OW94 Larry 12 Ddvwbn a 07 f3tladtt9 / too" ! Parlao0 SPaoei fMnsry YeHc1e 6 Emrpray Openlm 6 1 MakaetmrCe SOU ' 1 tat Appleebb 08 lMdw tdU ^,...�❑ 07 ad Wgrn �pwb Puked n M O1m nd ao Akdd 8 Dng1 • IA,dw infkrnoe At Too Chdy � / tie EgiidpfOrn / EgAW Doted NYkb 77 M tiler h Nrreve ag lopragty PNrad h nerrtlw) % ) in MaWng L1•Tum 2 sapPhO POPML 4 YOdwwr title , �� 10 F•dDoW ION 11 0itnpadad Twfbe Sipd 12 Bocaeded See Speed Utdl 18 lnplapet Load 5 Otlrt 01 On Hoed 1 2 9 LOC TYPE 13 DWepitled Slop Vgn 2D Mugp 0ed W1er TMk CorW K Fdad b Main w Equip.l Vdkde 21 Dohg Wrong Sloe /Way 02 Not On Hoed tt l J1 ill � Not�4aeree G 07 W 1 3 1 15 mpoper Paukg 22 Rbft Pow 18 Oran Leh d Cerdr 23 Ve" Mo116tl 003 badlan O6 Tun Letr M Craeltp d l0d�hbck Craoswtic h Hoed C408ft a 00 / Fw" S I Bmhaes ��j P 1 j { 17 lUmded SIeYd Speed Unit[ 24 Driest Disbacbm kin h Niudw) IN 7th e PAW W Will" �1 Roed Apterut Talk 001 1 V h PSfOesbfelf )glld I L { 9 Open Cpndy 0011 1Q 2 3 >a Ofatm6rq Ttdk 77 All Odor t NN" 06 W009 M Vakide h FAA T7 �ll � h ) 03 Emend O I D i A /SUBSEQUENT HARMFUL E R YSTEY 0 0 Ot M— IYiA W h TrwtprR Mur End) 02 Collision Wlh W in TmnspM "MI Oil 15 COMM NRh AMW 16 MV HD SIM / Slpn Pmt 29 W Ran kdo Dkoh 1 Ctlaed 1 2 3 30 Ran Of 111 ad rlo W.I r 9t Ownwtrd 01 ldbtsbb OT Fared Road 02 US. OB PIWO Padway M Sub n M O1rr (F� ❑ p Dey o f t 02 Dusk O t 03 Dan 03 Million Y1Wr W in TmrrpM (Mille) 04 Cd Won W1h W In Tutrpod W 71M) 17 MV Nit Uft Palo 1 LOA Pde 18 MV it Cauadul � 32 Dtxupr8 Fell From Vddde O 04 Canny in ftfs") 04 Dirk (SLeaa UgM 05 Cdklm Y1eh W h Trwapon I" Tunl OB CaBhion ft h Transport (Sides4dpe) 1s W HK Flaw 20 W ter ancels Betrbr Wal 33 Twaw 1 Taller,habmilm! 34 Fee �i OS lad a' L 06 7 / 708 05 Drk (No Sleet U#0 Be Ikdotomt N WFJLTNEA D SURFACE TYPE 07 Co6aion Wdh W h Treneped (Bednd 121 W Ml &Wpe I Par I Afakrnnt l Reg ft > Do Cation Wdh PMad Cu 09 Col6 m WM MV on Roadway 22 W 1R Tree / Shuoaty 23 Cossw Wkh Canstruchon Ikeiuda Sign 36 DownYST Rutaaay 37 Carp Lou w Sh1l / 01 Dry 01 Cleat 01 Shop / Gad / Sin" 02 Wa 02 CIM* M Bbdup 10 CaBtlm W11t Pa InVo 24 Collision With TraOtc Gte 38 SWwahn d Unib 39 Me69n Crouowr p3 awaY t 0a Rein 03 Bft / Bad U Z 04 Foy 04 Cwroau 11 Coulm Willi Bk.1de 25 Cofra+ Wkh Craah AUMiM a Lll kY 12 Cokion Wdr Bey* (like lane) 26 COMO W h FMd 04w Abm Red n All 011 wl In n Al War n At Other 05 Dill IElOW In Naaft) {E>plain in T7 A] 011,10, �h In 13 CaYaion VM1r Moped 27 W It Dow Find t3 pd Nundwil 14 Calfaion YSbt Trap ROAD CONDMDNS AT TIME OF CRASH 28 cobaion WIh MwuW On Road VISION OBSTRUCTS p TRAFFIC CONTRO N1116" SITE LOCATION 1FRAMWAY CKAUCTER DI No Odra* 02 D ductioll ft wambg 01 YOM 10 Obscorad 02 hdemad Wa1Mr 01 No Coned 02 Speoel Speed lane Oe+ ❑ ❑ Di Nol At Dnereemon I RA Xfg ! SO 01 SWO - level• •• M M komoclotl 02 StlaipM - UPgaoa 1 a 03 Oh KIM %%ww w + 03 wad ,' Sepped Yeade a O 03 Spud Control Sipe 03 kowmd By lawasclm Z 04 RMC L%W Repah I COIN AXSM D5 Lowe WhI a Mrerhae 04 Tr� IClaps l yuhe 05 Load on Vw*ie 04 School Iona 05 Trek Soul i1 Poebd NO LI•Ttm 04 Nway Aceua 03 05 Ratted 11 Privwe Plop" 04 Cues • Llppnde / 06 Shaldem - Soh l Law I Hqh 06 WIft / Fond 0*0 08 Slop Sip 12 No Paw' g I0M 06 Bddpe 12 Tel Boom Downaads 07 Ndu / Ruu I 1.110sh Paved up 07 Skim I BBbowds 07 YWd so 77 M Otnw jFlelein In 07 EfW= Ramp 13 pubk bus SW Zww TYPE SHOULDER 08 am" ftff OD Wwn / Posted And Sudac+ 1" 06 Feehnp Lip Narrdne) 08 S. 77 AN Oda, fEplah � 09 Aavoed Sgrrtl ® 00 Ed Ramp n M 00x1 Rvish h 01 Pawl 09 Pmisry tot •Pablo Nmrar ao) 02 Ur Woad 77 M Oft h h NwmM 10 fifine to Nerrew 10 Dow I Grmrd l 10 Let • Rkab 03 Cum Packet Page -76- -t /�- -1C�' ��o -Zl FLORIDA TRAFFIC CRASH REPORT LONG FORM MAIL TO: DEPT. OF HIGHWAY SAFETY A MOTOR VEHICLES TRAFFIC CRASH RECORDS, NEIL WIMAN BUILDING, TALLAHASSEE, FL 32389.0537 DO NOT WRITE IN THIS SPACE ^ 1/24/2012 Item 7.A. ,.1 HSAV40003 MV 611U) ^ - -- — Y - n Packet Page -77- L4So3 � - DATE OF CP" TM OF CRASH TIMOFFICER NOTIFIED T R NUMBER HNCRASHREP V&Dq AM ®� � AM PM '4Z AN ®PM O L, V COUNTY I CITY CODE FEET or E(Sy CITY ORON (Chad IfnC ow) COUNTY �Y .3 ATNODENO. or I FEET MILE(S) FROMNODENO. NEXTNODEN0. O.OFLANES 1. OWED ON��. ROAD OR✓ 4D I 3 a 2. UNDPMED C. R. y E ATTHEMMSECTIONOF (straLroadarhighway) r FEET I E(5) N 8 E W FRp1AWTERsECTIONOF peg worhomfi �- W ❑ ❑ ❑❑ ;�;Y, i.FManbm �� 2 HIt 8 Run TYPE USE VEHAICENSENLMBER STATE VE141CLEIDENTIFTCATIONNUMBBi 2 J 4 S 6 T 76. UnOrcrdepe ACTION 3. N M f� r A 0101 M �► D Lj� p wYmNeW I i 3 16 17 8 21. Tnlr S TRAILER OR TOWED VEHICLE TRAILER TYPE WFORMIlTION B axowplRe7rogtr 14 12 it !0 9 *Fl C VEHICLE TRAVELLING ON AT !sl MPH OSNd Silsed EST. VEHICLE DAMAGE 1.Oisab6rp EST. TRAILER DAMAGE pAYABE ❑ N S E W \ ` n ^ d AND - fit OANABa'D ARWS7 0 MOTOR VEHICLE INSURANCE COMPANY pJABIUTI at PIP) POL E VEHICLE REIAOYEDOB u U 0 2. TOW eft 41.011W 3 ; NAME OF VEHICLEOWNER (Check 80 Same As Driver) ❑ CURRENT ESS pMmber Stra"l CRY AND STATE ZIP CODE n L t � lcs 1 NAME OF OWNER (Troiror Toren V ) CURRENT ADDRESS (Nrnbet and 56aep CITY STATE ZIP CODE ❑ NAME OF MOTOR CARRIER (Commerdal VehiA Only) CURRENT ADDRESS (Number and Sno CITY , STATE AND ZIP CODE US DOT or CC MC IDENTIFICATION NUMBERS a, to '0 NAME OF DRIVER (Take From OrwerLicetasltPEDESTRIAN CURRENT ADDRESS (Minber and Sbeq) CRY. STATE dZIPCODE DATE OF BIRTH a c1 3 `rt' AVe SE. iQ ri n wt . FL_ l (-(a_*- . DRIVERUCENSEHtMBFJt a RESULTS AEF RE S. _Z,,4I!'�- $IX 7. ^ -tL7 - v E Blood 9 Lhine 5 Narw � 12, lood 3 ❑ I� I MQA w SIM TRANSPORTED J� I s, NAMEOR4a wataERFROSr cox OM AND 1 OW NUMBER FROM a01T'OY UL OF OMNOMM IMTER 8rMLLEO1 IFYi:S F7rPallal M HARMiNE DRNEASPHONENO, t err w DRIVER 1. Phmitam YEAR MAKE TYPE USE VER LICENSE NLMBEL STATE VEHICLE IDENTIFICATION NUMBER 2.Ie16 Run 'ACTON r I c: yak F Fm .NUI TRANiRORTOM VEHICLE TRAIERTYPE ft,316 OVFORM4T10N OT VEHICLE TRAVELLING ON AT Est M�P+H P EST DAMAGE 1.O "ssb�np awoE N S E W .VVE�HIICCLLEE 4 �.iCl/�1J J 3. No awMEDAREAM m MOTOR VEHICLE INSURANCE COMPANY (LIABILITY OR PIP) POLICY NUMBER YEHICIE REMOVED BY: 1. TOW Rehaml lhA 1 Drhrr U l 2. Tow O+raert Request 4,011ar NAME OF VEHICLE OWNIERfphed 009 Same As Drhr) ❑ CURRENT AGGRESS (Huron rb 6H4 CITY AND STATE 7!P CODE NAME OF OWNER (Trskror Towed VehirJe) a IRRENT ADDRESS OVIimberend CITYANDSTATE ZIPCODE C O7 NAME OF MOTOR CARRIER (Carmradal Vtlpde Only) CIBiRENTADORESS (NAntba rod Soxq CITY, STATE AND ZIP CODE LIS DOT m ICC MC IDENTIFICATION NUMBERS 4` 10 y 0 NAME OF DRIVER( Tape From 06verlicenLe)/PEDESTRIAN CURRENT ADDRESS ( Number and SeWMh CITY. STATE 8 ZIP CODE DATE OF BIRTH DRIVER LICENSEINUMBER I STATE JALCURUG T E RESIA.TS ALCARUG HYSDEF ES. RA EEK I . S.EOUP. EJECT. zB�r: d sad t] 1 i f .� 0) WAS YES, Wtaa NAeIE OR FOUR dGT NWBER DWrOW at Was R DRIVER'S PHONE N0. BEING TRANSPORTER 1f�TE 11 M f 0FOMOND. MATERK R ❑ 6MLLE rFYESE%PWNUINARRATrrd SI e�- 11�y1�F ® � 1 Y� — 1 Y 2 Ne 1Ywr 21b S Yee J (" _ tj vnict r TYPE TRAILER TYPE LOCATION 01 Automobile It Pdveh 7ranspormon 01 Singh semi Trader 1 County m assn 1 No Detach Known 1 Nbt DdfWAQ r Using Drugs IN VEHCLE 02 Van 02 CommercWPoeserm 02 781demSMTrakr 2 EbewhereinSUte ' 2 EmOtDeted 2 Almhol- Under hdaer" 03 LlghliTrtmk7P.U. -2r4 tiro 03 Comnerewcor O 03 TaukTmOr 3 Non•ResldWW *I SUM 3 Fa6/ue /Asleep 3 Drugs- UrMrhAlown 1 Front Left 04 kledalrTruck 4 04 05 Heavy Ttud les OS PuwTrmspaWm Pubic sdmd Bus 04 SaddleMount!Ffted 05 Boer Tralf 4 FOrei n 5 tldrmvm 4 HearingDeld 4 Akalull8thus- Undrblluence 2 Frail Caner t0 • 5 finest 5 Had Been Drinking 3 F*V RIgtd i A 2 6 3 C 1 VYMa E 06 Trlmk Tactr ( 06 Private School Bus 06 Unity Traler 8 seizure, Epilepsy. Blackout 6 Pending ALCI RUG Teat R401n 4 RearLel 07 L4obr tbrtM (R 07 OB Bus(drivr•se Ir91r) S Atromwnce LAWErdrcenem 07 Hum Trailer Troller 4 Of CharAleru 2 Bud 7 Dow Detect S RearCemer 08 Pole S EJOpembr 3 Haparic 6 RexRgM t Now 7 Not In use r- 09 Bua (drima.seo llibrow 15) 09 Fie /Rescue 09 Towwd Vehele 6 FJ Oper. -Rea 1 Il ne 4 Down T in Body Of Truck 10 0 "Ill" 10 Low' 10 AMTw port 2 Pon>bNe 2 Sell SO i5n0uider Hrnem edse� REQUIRED it p Momrro 11 ObwGouerrrwnt 77000 4 rung l 3 Child Restraint 9 DOW 12 MOped 12 Dung 1 A4�e krc+waetade9 bripad 4 Air Bag -DePbW L) 13 Al Terrain VNdde 13 carom Muff 1 Yes 2 Female 5 Fad (W46n30Dan) 5 Ai Bap - NdDepbyed EJECTED 14 Train 14 Garbage orRdme 2 NO 6 Non-Traft FsWq 6 Safety Hekm:l t NO IS LawSpeedvelide 15 Crgovan 3 NDEroOnrrcst 7 EyeProwceon 2 Yea 77 dllr 77 OtMr aired 3 PorU ,.1 HSAV40003 MV 611U) ^ - -- — Y - n Packet Page -77- L4So3 � - 1/24/2012 Item TA. t PoPosrtt��mm f DRIVER 2 Mt 51da1 YEAR MAKE TYPE i USE VEH. LICENSE NIMBER STATE VEHICLE IDENTIFICATION NUMBER 2 I 3 4 S 6 7 tg 1f. 1S 16 17 S 2211. Tr 13 l2 11 !0 9 0i DAMAGE oAS1A0E Tim ORT •j _ TRAILER TYPE 14 VEWNG ON AT EILIMPHI P EST,VEHICLE DAMAGE 1, 1,D=Wrq EST.TRAILER R 8 F w a 3. No pie ❑ OAMAM ARM V MOTOR VFNCLE INSURANCE COMPANY XMUTY OR PIP) POLICY NUMBER VEHICLE REMOVED BY: 1. TowRoMBoo Ust S. Driver 2. Tar OwnersRpup14A0w ❑ I NAME OF VEHCLE OWNER (Check Boo K S" As D wsr) CURRENT ADDRESS (Nurker and StrwQ) CITY ADD STATE OF CODE 1 > NAME OF OWNER I War a7awsd VdvW) CURRENT ADDRESS (Number and Sho C(TY AND STATE 315 CODE i0 .5 NAME OF IAOTOR CARRIER (Oormwdsl Vehicle Only) CURRENT ADDRESS (elurne r and WuQ CITY. STATE AND ZIP CODE US 00 or ICC MC IDENTIFICATION NUMBERS m NAE OF DRIVER: (TakafmmDmer License) IPEDESTRIAN CURRENT ADDRESS (Nunhv and S » d)) CITY, STATE &ZIP CODE DATE OF BIRTH W a DRIVER LICENSE NUMBER STATE I OL—rWALCIDRUGIEST TYPE ENO. TYPE 1 Blood 31Aiw 5 None � RESULTS ALCIOIiUG HY &DEF. RE$. RACE SEX ON. S. EQUIP. Ew. 2 Wa04 Rehrsed .� I I I 7R419POM K YES. al01CAT 11NaE ORa 0101 ROM WAS ftGQA11ftWUWERfk&MK W PLAZOM Am 1 OF lxAMM. MAwJ W SPIU11771 r YEa WLAWW NAAAAWA DRIVER'S PHONE NO. tYet tY. ft 1Yr 2W IY ( ) # PROPERTY DAMAGED -OTHER THANVENICLES EST.AMOlR4i OYNJETt3NAME ADDRESS CITY STATE ZIP 1 s # PROPERTY DAMAGED -OTHER VEHICLES EST.AMOUNT OWNEWSNAME ADDRESS CITY STATE 2 S ' DRIVER I PEDESTRIAN 01 ►100100 orm"IAtkn , Q 02 CreleasDdJms (Fa 66InNu"b") 04 wf� Y - •Way 05 YnpMW Lane C11r10e 06 Ynpropa Ti VENICLE DEFECT WHIME MOVEMENT VEW1 F SIPFCIA1 INICTIONIS Ot Neodear Q 2 3 02 Del. Brakes 04 DdKtVn �MW 0) �i liph5 LJ 05 Pra"IBlowout / / Ot SidgMAtlad a o 02 SbwirlplStollDealStatied 04 MAC" LaftTun ®0, /� R5 MAtiop RpM Tun 11 PaednO OS Changing LOU 12 DrkMessor ,None Q o 2 Farm S RRmeldiwal aaD 5 EmaOeroY OparAbn b CaetrrretiallMakdermu 07 Akand- Under NtAuence a�� DO Drags- Underirdhrence 09 AMod c Map • lNder NdIaN1a PI❑ ❑ 10 FWowedTooCbWy 06 sleenngMWA 07►WrlOahkkWpem Be Eq""N"t / Vd1 ce 77 AI t>tIw x binlnNw 007 Ergedng /Lowing JPaddogSome RkmewsyVShib 08 PrppertyPOW 77 A10fwrlExpW 00 hxprape q Prkad h t4an atixe) 10 WkkrgU -Tam SOURCE OF RRIF8 NMTIO 1 NMAppksOb 1 2 3 2 Shigpilp Paprs 3 WN1*iWe POINT OF CQUISION 11 DismrdetlTralkSiprW 12 Exceeded Sets Speed Until t0 uWaper Lad 1 4 Get 5 Dow 01 On Rao ID ID O PgnFSTRIU ACTION LOCATION TYPE 13ObregavwStopSign 2D Weigissied OtinsTraftCoollol 02 Not On Road nEgMp.lVehiW &deJWay ml F0 1( 07 1 22❑'1 O 1B 15 put" 22 Fluidal; Police, 16 Grove LaB dCanMr 23 VMkN FaeANd 04 Metier OS Tun lane 02 CnxubVstW6- W*Cmsswdk in ROM 03 Cmasinp r MWaelo Ds Stand apPtayinq �j p 2 Pr MN* 17 Exceeded Stated Speed Until 24 WearDisnellor (Explain 19 ObsbwftTrdtie inNww") 77 AN Other (DOW N Narell") 04 WalWap Along Reed wM Ttd4e In Rona 5 g 05 Walking A"RoWAgaiMTnlic 09 Stand- 9in Ps* ssianlslsd OB Wati g on Vehicle In Road 77 AB Other (Explain In Nrraaw) OB Unknam Reaidendd 3 Open Cour" Ot None t 2 3 02 Nearby 03 EnWW �® Ot CdBbnWf WVilTranspaK Rea EnO) 15 CdbsioaWM/umlart 29 MV RanidopflehlCuhM 02 Coisbn WM MV i+TansporK Head On) 16 IMV Hd Sign / Sign Post 30 Ran Of Road Into View 03 CoisionW41h Win TmnsmKAngle) 17 MV Kitlli'rty Pole IUght POte 31 Ovedomed O D 3 01 Irfasal8 07 fredRwa 01 02 U.S. 1 08 P&* Roadway ® 02 03 Stab 77 AN OOw(Explain 03 Daylight Dusk m l Dun a ❑n�= ® 04 Ccisien We MV d Traneporg LefiTum) IS WV lit Gwrdtan 32 Oaupal Fel ftmVehklis W , 04 Cmxny in Narrows) 04 Dark (Sleet LipbU 25 CoKtia1WMMVinTransporKRlgMTun) it MVHilface 33 Tracbrrrmiew/adJnied 05 Collision W4hWVinTweatergS ideswipe) 20MV It Concrete Barnet Wall 34 Fie D�� OS Local 05 06T lTdl Drk&Skedlight) wwm CONDffM ER ROAD SURFACE TYPE 07 Collision WM WV In TransporK Backed qro) 21 AIV eM 8ddpelPwlAMrra a0Rr1 35 Explosion at Cia 02 Dowdy M Rem 04 Fop � 77 AN Olw Ot SIagswe lions 02 B"" 03 Bdcksock 04 Corxxeie 06 Dirt OB Coition W h Paw Cr 22 MV Fkt 7raa/skubbery 36 Dona m kwwaay as Coition Yrw1 My an ltoa0way 23 Co6bn With Corotrac6o Barricade 5gn 37 Crgo Las u ShR 10 Collision WflPadeasien 24 Camimw&Trakcl a 38 Seperstiono unh 11 Casson With Bicycle 26 CWisionwdh CashA%xouw= 39 IAedw tXaawor 12 Collision With Bicycle (Bilee Lwwl 26 Cotisioe W4b Feted Object Above Road 77 AN Oaw (Explain In �D i o E / 01 Dry C2 Wet 03 Slippery 04 tcy ® 77 Al Other 13 CaBsion With Moped 27 k1V HI Dow Fixed Obied Narrakre) ( Explain In Narralive) (Explain in 77 N Odw (Explain In 14 Cciea1P/81T""' 28 CoisignWahMon" On Road Narative I Narrative Wfff�— AT TIME OF CRASH VISICIN OBSTRUCTED K7ROL SrTFLWAJION TRAFFIQWAY CHARACTER — 01 NoOdecb 02 Ohsbuclon WAn Wrrvrq 01 VW=NolObswW 02 hctmem WaaOw PEW 02 Special Speed Zone Ot NolAtbttrsectionlRRX•irg / M At hdreaclon 01.M*ia -Level 02. Ska gia- Upgrade I 03 Obsstictikn PMf1Ost iVrdniI 0' 03 ParMwd /smppee Vetlice ® 03 Speed Cobol sign I [/Z� 03 MMteneed By Intersedbn ' Dow wade tD 04 Road Under WaslConMbuckon 04 TrcnJCrops /Bushes 04 School Zone 04 DdvwWA=u 03. Carve •Level 05 LOON SulaaLUWAII 05 Load onVahlde 05 TraitSignal 11 Posted NoU -Tun 05 Railroad it PrivdePmpeay 04.0-rve- UpQadel 06 Shoulders - SoR/ low l kf06 06 BuiWng I Fe4d Object 06 Sao UP 12 No Passing Zone 06 Bddge 12 Tel Omth Dwnwaft 07 Horn / Ruts l Uncle Paved Edge 07 Sons I BADOards 07 Tim Sign 77 Ali OOw [Explain In 07 Entrance Ramp 13 Pubic Bus SWP Z- 08 Slerdrg Wrier DB Fog 08 Nartal xe) 08 Eau Ramp 77 M OO er (Expitirl In 01. Paved 09 WomlPe6chedROedStalat OB Smxke 77 A10tlw(E�lan R&UW Sip W RaBroadSipnar ❑ OB PMffii PVl* Narrafve) 02 Unpaved 77 AI011a M Narrative 10 Mire in ve 10 ORcer/Guard/ 1D tat•PdvaM Cub SECTIONS NAME OF VIOLATOR FL STATUTE NUMBER CHARGE CITATION TAAGER SECTIONa NAME Of VIOLATOR FL STATUTE NUMBER CHARGE CITATION NUMBER O N c0 SC-OT10N 0 NAME OF VIOLATOR FL STATUTE NUMBER CHARGE CITATION NUMBER O > SECTION a NAME OF VIOLATOR FL STATUTE NUMBER CHARGE CITATION NUMBER V.— 2 YN T Packet Page -78- 1/24/2012 Item 7.A. FLORIDA TRAFFIC CRASH REPORT DQNOT wR{TE (N THIS SPACE �`tJ- • NARRATIVE /DIAGRAM MA TO: DEPARTMENITOF WGHWAY SAFETY A MOTOR VEHICLES, TRAFFIC CRASH RECORDS SECTION. NEIL KIRKMAN BUKAINQ, TAILL",WEE, FL 3Z W4= TIME EMS NOTIFIED (FATALITIES ONLY) o ❑ ME EMS MRNED (FATALITIES ONLY) ❑ o DATE OF CRASH tm r tq 105 COUNTY I CRY COOS NVEST. AOINCY REPORT NUMBER HSMV CRASH REPORT NUMBER (NARRATWQ V #a r tin o �J:itl Was in ; i r ClrCJe,r Of" V• , 1• 1 v r�-� i2d r � �• v SECa PASSO PASSENGER 5 NAME CURRENT ADDRESS CITY S STATE ZJP CODE DATE OF BOTH RACE SEX LOC NJ S EOUP. EJE -W PASSENGER'S NAME CURRENT ADDRESS CITY d STATE ZIP CODE DATE OF BIRTH SEX LOC W S. EWP. EJECT. 6T�A Fa PASS94MR'S NAME CURRENT ADDRESS CRY 8 STATE ZIP CODE DA OF BIR RACE SEX LAC INJ S. E EJECT. SECa PASSE► PASSENGER S NAME CURRENT ADDRESS CRY & STATE AP CODE DATE OF BOTH RACI SEX LAC i NJ S-EQUIP. lEJECT,1 SECT JPASSN PASSU40 S NMIE CURRENT ADDRESS CRY a STATE DP CODE DATE OF BIRTH RACE SEX LOC I NJ -§41W EJECT. SECR P PASSENGER S NAME CURRENT ADDRESS CITY 6 STATE ZJP CODE DATE OF BIRTH RACE SEX LOC I NJ S EOUIP. t CT- y L 0 SECTION A NAME OF VIOLATOR FL STATUTE NUMBER CHARGE CITATION NUMBER !B 0 SECTION 9 NAME OF VIOLATOR FL STATUTE NUMBER CHARGE CITATION NUMBER WNNESSNAME (1) CURRENT ADDRESS CITY &STATE ZIP CODE WITNESS NAME (T) CURRENT ADDRESS CITY STATE ZJPCODE FIRST AND OVEN IN NAME 1, Physk ian or Nurse 2 Paramedic or EMT 3. Poke NaL 4 Certified 1st Alder 5. Other INJURED TAKEN TO: BY- NAME WAS P NO. THEN W1£RE7 TS 7FJV0, THEN WY? MIEN AT SACX�" -NET is os © CoMPLErE4 i. NO JDATEDFREPORI I D I I Q PHOTOS IF YES. BY WHOM? TAKEN 2. NO a 2:OT nNG AGENCY Q. (NMTAGATOR- RANK d SIGNATURE e L- L, WMADGE NUMBER DEPARTMENT FHP 1; SO PO OTHER HSMV -90005 (Rev. 1102) Page 3_ Of `'l Packet Page -79- DIAGRAM >k Nc3T 'j�o SCR L- X 1/24/2012 Item 7.A. INDICATE NORTH WITH ARROW OF J$ �a .a. A Page Ot Packet Page -80- LAW ENFORCEMENT SHORT FORM REPORT [] DRIVER REPORT OF TRAFFIC CRASH DRIVER EXCHANGE OF INFORMATION 1/24/2012 Item 7.A. C F'• or tx" I TOE OF CRASH Tel! o"K NOTRED}� TTME o"MR AMUM INVEST. AGENCY RE/PORT NUMBER 115MV CRASH REPORT MIABEA 10.9 iR O O 7- ' zZ Aa PII S : 75 AY S PM 5_: Z 3 AY w O 9-- ,;_ C3 34862 O COL M ! 6 COOS FEET a MILEM 1 N B E M CTIY OR TOWN pick i in CIO, 07004 OOL%Ty ❑ ®❑ ®a �rTrlokp�FR �] Co(_C,iA~ AT NODE NO. a I FEET a MILES) I FROM MOUE W. I NEXT NODE N0. NO. OF LANES 1. DIVIDED ON STREET, ROAD OA IIGIfVlAY I ❑ 2.lIDIVD® 2r+noh crfcq n o i�f� F AT THE INTERSECTION of a FEET MIIE(S) PROM INTERSECTION OF _E F'• VVa'4 S f'R r.nl •-r `V Y M-i ❑ ❑ a ❑ YEAR MAKE (dw, loaf. *4 TYPE (Um, Hack, W*k or.) VE Ii LICENSE MAMA fSItATE YFlIfCIE OFNTFICATiCN NSlABER dl No A c,►ti r -79 2NcFSt 43'zlNs-98&'8�' $ U oa,Vdc �Fn/ftl R / Faa L / Fiat R / 9ft L 1 SNs R4rr R I A4v a Rw W. Vw= OAM+IGE VENIQF REMOVED OT: 1..T_ Aplaloa List a wm e :r: �aP /' # f QQQ.DO pA / ✓F/� tTwoww%p4ww4.odu C w MANOR Val= INSURANCE COMPANY (UABLUTY OR PIP) , POLO MBAeER t E 5uxp•c -s C.D. PA' FL - 00Z y5-orl 9 I 0 NAME OP V9911 ONNER Peak GM I Saiw AS Oeiw) CURRENT ADDRESS Pb as Sir"" ' 911Y AND STATE ZIP Cow NAME OF DRIVER (T&W Nam Ddrtr Llorw) ! NEDESTAIAN Q1WiENT ADDRESS (Nunbw ad Smo t7EY AND SPATE 7p CODE � rl Atl i fi T/+5O�'' jE Vl r'jF _ I q, Y k K A" �v� !N y !: T. B OA l r 4 S f 2+. N,.4 p i. t P 3 /(7 r ' 1 DRIVER LICENSE "MR O f SR7 —170 �z �G9� -O STATE �t DRIER / PEDF.SIRW! IIOIIE PIRDNE Na ) DRIVER I PEDESTRIAN PFIONE . pACE SEX- DATE OF BERTH fi r w h 3 NAME OF PASSOMA CURRENT ADDRESS jMa+btr and Sm* CRY AND STATE ZIP, CODE ASW MANE ldwr, fad /t) TYPE lar, W* *Y* taa VET. LICENSE INLUBER STATE I 1EIICLP DFNTIf4I•ATpN MIMB6R 8 QS� C-"7 C TtiJC H 0 697 CA �� / `� l lt! S" /%6 g m VIM Arm I F: mtt L 1 F+aJ R / %* L ! Stle Rr R ! Rev L / Rr /ESL VDUC,E DAWm VENICE REMOVED BY: 1. Tar A00M Lit S. Dtim C t DYwp1 �0 d .00 %'4ell"t a 2 Tow OwW6 ApgW 4.OMw t 0 MOTOR V84W INSURANCE COMPANY VASMY OR PIP) G, M�j� /i �! � � t!t � � j � d ❑ NAME OF V&02 WIER ipwdc Bat I Seer Al or% Cl Q Pte* ad CITY AND STATE CODE `7 *" r p 60 Cs�K �° w+...rpCCl�s< CG r fry II OF DRIVER (Tar Fmi OdNr Uww) / PEDESTRIAN QARREiT KNItr ttd Siog +-�-- CITY AND STATE- —11 ".-f 4Z Cc) J.N /r 4r O 6C bl 4„ 1 m DRIVER LICENSE Numia STATE DRIVER ! PEDESITWN HOME MOM ONrvBR / PEDESTRIAN Ell PHONE RACE SDI DATE1 OF BM m 7' Nee Code) �� (Arm Cede) /r LtJ . I d NAME OF PASSENGER /� aritENT ADDRESS %,bs aid SO,* CITY AND STATE LP CODE YEAR MANE ice, w-) TTPE ka, Naati tYgde, VEIL LICE►SE MASER BEAT, YENf1E TION NUMBER 1 I C V� Fan R l Fnn L ! F"l R / Sd L !;; Hv A ! L Rw ESt, VEHICLE DAMAGE VHCLE REMOVED BY., w oWn Lid OeH Oonrw 2 Tow Owte RwM 4.Obw a m MOTOR VENCLE I/ AANCIE COW NY MOM OR FF) POU N NUMBER NAME OF V EISOLE OWNER P11* Bmt t Sams N DiNM ❑ CURRENT ADDRESS ( CITY AND STATE ZF CODE NAME OF DRIVER (Tar Fan D&W Udwe) / PEDESTRIAN CURRENT ADDRESS ad CTTT AND OTATE Zp CODE to DRIVER L)CENSE NIAW STATE DRIVER DEM" NOW DIVVFA N PEDESTRIAN ISMESS PHONE RACE SEX DATE OF IIRTH Co AM Cc& Q NAME OF PASS✓ AIGEA ADDRESS fbidw WW bwQ CITY AND STATE tP CODE SECTION t NAME OF VIOLATOR N FL STATI.:7W CHANGE CrTATIDN NUMBER v G SECTION I NAME OF VIOLATOR R NUMBER CMAROE CITATION NUMBS to C 1 SECTION o NAME of VIOLATOR FI STATUTE CHi4Fi(# cITA710N NUMBER PROPERTY DAMAGED - OTHER !C= EST. OWNUM NME AOOpi S CITY STATE ZP i WITNESS NAME jp CURRENT AODRE55 CITY b STATE 2s CODE ViiJfE53 NAME (2j ADDRESS CITY B' STATE' ZIP CODE INVESTIGATOR - �RRA\NX b tlUWE M NIBER of 12 Gl�//r' - ❑ ❑ FSSMVT�L1Ci NOV. 7102 U TUU MUST READ AND COMPLY WITH INSTRMICTION5 ON THE BACK OF THIS FORT,( �{ ,,11 R NO FURTFIER ACT1bN REQUIRED BY REEDIT COMPLETo BY LAW ENFORCE m AGENCY, -M' r Packet Page -81- 1/24/2012 Item 7.A. DIAGRAM INDICATE NORTH WITH ARROW 1 •j � ni t mQ�t� ►�' �r "A-J -dovh.6 CR. j s1r- �..�G� f I� i D/ �0 AA /llrrfdr' 4fd��Y, A/` lull In le7 •�:� ' �bilil/EAS �i/}I'71� /R d �7 'Y /%'7 Y. ER PEOFSTRUW NCTIO 01 >b tnpiPer -Dfii9 / Adds+ i 2 3 02 C+reler D trYq n wo6w) w Few b Yield Pipt?4Wy a A'Iowa � /� � !�i 06, vlop L- a" 07 Nmhd • l0tda nlwne 07 Ah" - W ��❑ 09 Akptld 6 Onge • lkala Ytlnrrd 69 � � > a�a 10 Faloed Too On* I 1 Ohnpadod Tw110 sow 12 E www Std Speed IkA 19 leproper lad 13 ftepOded ttp S o 20 Oireprdd 01w Tmft Cwtd 14 Fated a Yekaen Eg1p. 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R . . . • ♦ . . . . . . . . 00 O N to 0 0 a N LO 0 N N O 00 0 0 Co � 00 Co O N.{C 0-0*cOra N M 0 0 0 0 0 0 0 . t t . . . . t . . t • Y . . . ♦ . • . . R . . . t t . . . . . Y • . ♦ R . . 000000 W 0.n 00 000).z 0 h 0 N 0 -0000 O M LD r- VW M fG - O - 0 0 0 0 M CD M N M MY C* N R . . . . . . . . Y t . . . t t . t . . . • . . . . . . . • . . . Y . . . . • . . . . . . « 0000o000t 0 0 Y 0 2o00 000020 a00000000 °0 : 7 N � Packet Page -86- lCp o°OOn M O i LO O V � O M n O O o v Qp Q M O t00 O O ONi M D7 N 'C O N O Co 00000 L!7 OMON 0 ui M O � H 0 Q O 0 0 O0 Q f0 M Nd Ad C, 16 Q �°- a >a> U a 1/24/2012 Item 7.A. 0 a O O O O O O (G O Of000f0 M M O M N O Of00 d d' N O O M O O M � O � 0 O 0 O 0 0 1/24/2012 Item 7.A. PASSARELLA Consulting 100-1.1 ASSOCIATES E March 7, 2011 Ms. Susan Mason Collier County Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 Re: S.R. 846 Land Trust Semi - Annual Wetland Monitoring Well Data Project No. 99WAI374 Dear Ms. Mason: Pursuant to Conditional Use 04 -AR -6904 Condition of Approval No. 38, please find attached the seventh semi- annual wetland monitoring well data for SR 846 Land Trust earth mine (Project). The well data represents readings taken from August 26, 2010 through February 25, 2011. The locations of the five monitoring wells are depicted on the attached aerial. The monitoring wells collect automated daily readings of wetland water levels. The monitoring wells are located in wetlands meeting state jurisdictional criteria (Chapter 62 -340, Florida Administrative Code). Data reported for each monitoring well includes daily recordings of water level in inches above ( +) or below ( -) ground surface and a survey.reference to water level in feet National Geodetic Vertical Datum (NGVD). Ground elevations in feet NGVD are reported for each monitoring well. There are several feet of natural variation in the ground and surface water elevations in wetlands across the Project. Due to malfunctioning data loggers, only partial monitoring well data is included for Monitoring Well Nos. 1, 2, 4, and 5. Well Nos. 1 and 5 were replaced with new data loggers on December 29, 2010. Well Nos. 2 and 4 were repaired. Monitoring well data will be reported to Environmental Services by March and September of each year until 2012. Should you have any questions regarding this report, please do not hesitate to contact me. Sincerely, PASSARELLA & ASSOCIATES, INC. Matthew Brosious Ecologist MB/pz Enclosures cc: Kay Deselem, w /enclosures (electronic copy) Summer Araque, w /enclosures (electronic copy) Damon Jones, w /enclosures (electronic copy) Don Barber, w /enclosures (electronic and hard copy) Bruce Anderson, w /enclosures (electronic copy) Offices in Florida and South Carolina 13620 Metropolis Avenue . Suite 200. Fort Myers, Florida 33912. Phone: (239) 274 -0067 - Fax: (239) 274 -0069. www.Passarella.net Packet Page -87- 1/24/2012 Item 7.A. >w W LL Q H Q rt 94 rr U Q 0 ¢ W Sa7 ! = L V) Cn = ay{e�.. E. 1. V ) day e �Ml m� iK V) 2 0 Q U O .a a w V z O z 0 o. w� Sp w d d v� Packet Page -88- Water Level Well No. WI (N46C546B) Date (inches above or Water EIevatlon below ground) (feet NGVD) 12/30/2010 4.68 18.18 12/31/2010 4.67 18.17 1/1 /2011 4.61 18.11 1/2/2011 4.57 1 8.07 1/3/2011 4.55 18.05 1/4/2011 4.51 18.01 1/5/2011 4.48 17.98 1/6/2011 4.47 17.97 1/7/2011 4.83 18.33 1/8/2011 4.46 17.96 1/9/2011 4.34 17.84 1 /10 12011 4.34 17.84 1/11/2011 4.31 17.81 1/12/2011 4.24 17.74 1/13/20I1 4.10 17.60 1/14/2011 4.13 17.63 1/1512011 4.14 17.64 1/16/2011 4.12 17.62 1/1712011 4.16 17.66 1/18/2011 4.88 18.38 1/19/2011 4.41 17.91 1/201-2011 4.21 17.71 1/21/2011 4.22 17.72 1/22/2011 4.19 17.69 1/23/2011 3.95 17.45 1/24/2011 3.96 17.46 1/25/2011 4.04 17.54 1/26/2011 5.04 18.54 1/27/2011 4.79 18.29 1128/2011 4.51 18.01 1/29/2011 4.34 17.84 1/30/2011 4.29 17.79 1/31/2011 4.25 17.75 2/112011 4.24 1734 2/2/2011 4.19 17.69 213/2011 4.16 17.66 2/4/2011 4.15 17.65 2/5/2011 4.11 17.61 2/6/2011 4.09 17.59 2/7/2011. 4.06 17.56 2/8/2011 3.94 17.44 Be Packet Page -89- 1/24/2012 Item 7.A. 1/24/2012 Item 7.A. -2- Packet Page -90- Water Level Well No. Wl (N46C546B) Date (inches above or Water Elevation below ground) (feet NGVD) 2/9/2011 3.88 17.38 2/10/2011 4.00 17.50 2/11/2011 4.62 18.12 2/12/2011 4.89 18.39 2/13/2011 4.06 17.56 2/14/2011 3.94 17.44 2/15/2011 3.84 17.34 2/16/2011. 3.84 17.34 2/17/2011 3.81 17.31 2/18/2011 3.80 17.30 2/19/2011 3.78 17.28 2/20/2011 3.78 17.28 2/21/2011 3.77 17.27 2/22/2011 3.77 17.27 2/23/2011 3.76 17.26 2/24/2011 3.72 17.22 2/25/2011 3.64 17.14 -2- Packet Page -90- 1/24/2012 Item 7.A. Date Water level (inches above or below ground) Well No. W2 (N47F695B) Water Elevation (feet NGVD) 8/26/2010 6.19 19.82 8/27/2010 8.62 20.02 8/28/2010 11.51 20.26 8/29/2010 12.62 20.35 8/30/2010 13.54 20.43 8/31/2010 13.98 20.47 9/1/2010 14.64 20.52 9/2/2010 14.45 20.50 9/3/2010 14.37 20.50 9/4/2010 14.35 20.50 9/5/2010 14.22 20.49 9/6/2010 14.66 20.52 9/7/2010 15.94 20.63 9/8/2010 16.02 20.64 9/9/2010 16.12 20.64 9/10/2010 22.70 21.19 9/11/2010 23.89 21.29 9/12/2010 24.20 21.32 9/13/2010 24.15 21.31 9/14/2010 24.17 21.31 9/15/2010 24.12 21.31 9/16/2010 23.96 21.30 9/17/2010 23.77 21.28 9/18/2010 23.44 21.25 9/19/2010 23.18 21.23 9/20/2010 22.70 21.19 9/21 /2010 22.37 21.16 9/22/2010 22.02 21.14 9/23/2010 21.75 21.11 9/24/2010 22.50 21.18 9/25/2010 23.26 21.24 9/26/2010 23.07 21.22 9/27/2010 23.52 21.26 9/28/2010 23.52 21.26 9/29/2010 25.63 21.44 9/30/2010 25.95 21.46 10 /1/2010 25.49 21.42 10/2/2010 25.01 21.38 10/3/2010 24.66 21.36 10/4/2010 24.34 21.33 10/5 /2010 24.02 21.30 10/6/2010 23.64 21.27 Packet Page -91- 1/24/2012 item 7.A. .-� Water level Well No. W2 (N47F695B) Date (inches above or Water Elevation below ground) (feet NGVD) 10/7/2010 23.14 21.23 10/8/2010 22.82 21.20 10/9/2010 22.35 21.16 10/10/2010 21.75 21.11 10/11/2010 21.43 21.09 10/12/2010 21.10 21.06 10113/2010 20.64 21.02 10/14/2010 22.18 21.15 10/15/201.0 22.06 21.14 10/16/2010 21.73 21.11 10 /17 /2010 21.29 21.07 10/18/2010 21.03 21.05 10/1912010 20.70 21.03 10/20/2010 20.33 20.99 10/21/2010 20.05 20.97 10/22/2010 19.63 20.94 10/23/2010 19.24 20.90 10/24/2010 18.85 20.87 10/25/2010 18.76 20.86 n 10/26/2010 18.47 20.84 10/27/2010 18.10 20.81 10/28/2010 17.83 20.79 10/29/2010 17.71 20.78 10/30/2010 17.35 20.75 10/31/2010 17.06 20.72 11 /1/2010 16.62 20.69 11/2/2010 16.69 20.69 11/3/2010 16.43 20.67 11/4/2010 16.24 20.65 11/5/2010 17.63 20.77 11/6/2010 17.16 20.73 11/7/2010 16.65 20.69 11 /8 /2010 16.31 20.66 11/9/2010 15.99 20.63 11/10/2010 15.60 20.60 11/11/2010 15.23 20.57 11/12/2010 14.90 20.54 11/13/2010 14.56 20.51 11/14/2010 14.26 20.49 11/15/2010 13.98 20.47 11/16/2010 13.63 20.44 11/17/2010 13.24 20.40 -2- Packet Page -92- 1/24/2012 Item 7.A. -3- Packet Page -93- Water level Well No. W2 (N47F695B) Date (inches above or Water Elevation below ground) (feet NGVD) 11/18/2010 12.91 20.38 11/19/2010 12.67 20.36 11/20/2010 12.30 20.33 11/21/2010 12.02 20.30 11/22/2010 11.74 20.28 11/23/2010 11.45 20.25 11/24/2010 11.20 20.23 11/25/2010 10.92 20.21 11/26/2010 10.78 20.20 11/27/2010 10.45 20.17 11/28/2010 10.24 20.15 11/29/2010 11.57 20.26 11/30/2010 11.39 20.25 -3- Packet Page -93- 1/24/2012 Item 7.A. Date Water Level (inches) Well No. W3 (N46C542D) Water elevation (feet NGrVD) 8/26/2010 1.25 17.20 8/27/2010 5.13 17.53 8/28/2010 9.03 17.85 8/29/2010 7.63 17.74 8/30/2010 6.96 17.68 8/31/2010 6.33 17.63 9/1/2010 5.41 17.55 9/2/2010 4.26 17.46 9/3/2010 3.10 17.36 9/4/2010 2.11 17.28 9/5/2010 0.83 17.17 9/6/2010 4.50 17.48 9/7/2010 4.19 17.45 9/8/2010 2.38 17.30 9/9/2010 1.78 17.25 9/10/2010 6.61 17.65 9/11 /2010 6.02 17.60 9/12/2010 5.09 17.52 9/13/2010 3.85 17.42 ^ 9/14/2010 2.52 17.31 9/15/2010 3.11 17.36 9/16/2010 0.80 17.17 9/17/2010 -0.05 17.10 9/18/2010 -0.90 17.03 9/19/2010 -1.85 16.95 9/20/2010 -2.56 16.89 9/21/2010 -2.99 16.85 9/22/2010 -4.00 16.77 9/23/2010 -4.61 16.72 9/24/2010 -0.67 17.04 9/25/2010 0.99 17.18 9/26/2010 -0.79 17.03 9/27/2010 2.54 17.31 9/28/2010 1.22 17.20 9/29/2010 2.77 17.33 9/30/2010 2.10 17.28 10/1/2010 0.43 17.14 10/2/2010 -0.21 17.08 10/3/2010 -0.89 17.03 10/4/2010 -1.85 16.95 10/5/2010 -2.50 16.89 M Packet Page -94- 1/24/2012 Item 7.A. Well No. W3 (N46C542D) n Date Water Level Water elevation (inches) (feet NGVD) 10/6/2010 -3.20 16.83 10/7/2010 -4.07 16.76 10/8/2010 -4.54 16.72 10/9/2010 -5.02 16.68 10 /10/2010 -5.28 16.66 10 /11 /2010 -5.27 16.66 10/12/2010 -5.32 16.66 10/13/2010 -5.75 16.62 10/14/2010 0.02 17.10 10/15 /2010 -1.40 16.98 10/16/2010 -3.16 16.84 10/17/2010 -3.68 16.79 10/18/2010 -3.69 16.79 10/19/2010 -3.84 16.78 10/20/2010 -3.65 16.80 10/21/2010 -3.81 16.78 10/22/2010 -4.23 16.75 10/23/2010 -5.24 16.66 10/24/2010 -6.21 16.58 10/25/2010 -4.17 16.75 10/26/2010 -6.10 16.59 10/27/2010 -5.87 16.61 10/28/2010 -7.09 16.51 10/29/2010 -6.81 16.53 10/30/2010 -7.24 16.50 10/31/2010 -7.57 16.47 11/1/2010 -6.92 16.52 11/2/2010 -3.77 16.79 11/3/2010 -6.87 16.53 11/4/2010 -8.26 16.41 11/5/2010 1.27 17.21 11/6 /2010 -2.26 16.91 11/7/2010 -4.66 16.71 11/8/2010 -5.96 16.60 11/9/2010 -6.56 16.55 11/10 /2010 -6.00 16.60 11/11/2010 -5.90 16.61 11/12/2010 -7.50 16.48 11/13/2010 -8.43 16.40 11/14/2010 -9.11 16.34 11/15 /2010 -9.78 16.29 -2- Packet Page -95- 1/24/2012 Item 7.A. -3- Packet Page -96- Well No. W3 (N46C542D) Water Level Date Water elevation (inches) (feet NGVD) 11/16/2010 -9.86 16.28 11/17/2010 -9.36 16.32 11/18/2010 -8.73 16.37 11/19/2010 -9.44 16.31 11/20/2010 -9.98 16.27 11 /21 /2010 -10.36 16.24 11/22/2010 -10.91 16.19 11/23/2010 -11.26 16.16 11/24/2010 -11.88 16.11 11/25/2010 -11.48 16.14 11/26/2010 -10.61 16.22 11/27/2010 -12.13 16.09 11/28/2010 -12.48 16.06 11/29/2010 -0.39 17.07 11 /30/2010 -5.12 16.67 12/1/2010 -6.75 16.54 12/2/2010 -7.90 16.44 12/3/2010 -9.39 16.32 12/4/2010 -10.44 16.23 12/5 /2010 -11.15 16.17 12/6/2010 -10.54 16.22 12/7/2010 -10.68 16.21 12/8/2010 -11.07 16.18 12/9/2010 -11.30 16.16 12/10/2010 -10.12 16.26 12/11/2010 -11.66 16.13 12/12/2010 -12.46 16.06 12/13/2010 -12.46 16.06 12/14/2010 -12.36 16.07 12/15/2010 -12.09 16.09 12/16/2010 -11.22 16.17 12/17/2010 -11.61 16.13 12/18/2010 -12.97 16.02 12/19/2010 -4.25 16.75 12/20/2010 -7.17 16.50 12/21/2010 -8.57 16.39 12/22/2010 -9.62 16.30 12/23/2010 -10.79 16.20 12/24/2010 -11.23 16.16 12/25/2010 -11.10 16.18 12/26/2010 -10.08 16.26 -3- Packet Page -96- 1/24/2012 Item 7.A. Ell Packet Page -97- Well No. W3 (N46C542D) n Water Level Date Water elevation (inches) (feet NGVD) 12/27/2010 -8.28 16.41 12/28/2010 -8.37 16.40 12/29/2010 -8.52 16.39 12/30/2010 -9.72 16.29 12/31/2010 -11.08 16.18 1/1/2011 -12.18 16.09 1/2/2011 -12.78 16.04 1/3/2011 -13.32 15.99 1/4/2011 -14.05 15.93 1/5/2011 -14.80 15.87 1/6/2011 -15.08 15.84 1/7/2011 -13.25 16.00 1/8/2011 -13.19 16.00 1/9/2011 -12.96 16.02 1/10/2011 -12.96 16.02 1 /11 /2011 -12.91 16.02 1/12/2011 -12.65 16.05 1/13/2011 -11.94 16.11 1/14/2011 - .13.21 16.00 1/15/2011 -14.65 n 15.88 1/16/2011 -15.76 15.79 1/17/2011 -16.41 15.73 1/18/2011 -14.70 15.88 1/19/2011 -15.70 15.79 1/20/2011 -15.41 15.82 1/21/2011 -15.33 15.82 1/22/2011 -14.90 15.86 1/23/2011 -15.87 15.78 1/24/2011 -16.19 15.75 1/25/2011 -17.30 15.66 1/26/2011 -8.55 16.39 1/27/2011 -11.49 16.14 1/28/2011 -13.23 16.00 1/29/2011 -14.51 15.89 1/30/2011 -15.65 15.80 1/31 /2011 -15.66 15.80 2/1/2011 -15.21 15.83 2/2/2011 -15.42 15.82 2/3/2011 -16.30 15.74 2/4/201I -16.70 15.71 2/5/2011 -15.92 15.77 Ell Packet Page -97- 1/24/2012 Item 7.A. 511 Packet Page -98- Well No. W3 (N46C542D) Water Level Date (inches) Water elevation (feet NGVD) 2/6/2011 -15.04 15.85 2/7/2011 -15.03 15.85 2/8/2011 -15.47 15.81 2/9/2011 -16.04 15.76 2/10/2011 -16.55 15.72 2/11/2011 -14.70 15.88 2/12/2011 -12.95 16.02 2/13/2011 -13.10 16.01 2/14/2011 -13.40 15.98 2/15/2011 -13.24 16.00 2/16/2011 -13.04 16.01 2/17/2011 -13.24 16.00 2/18/2011 -13.74 15.96 2/19/2011 -13.13 16.01 2/20/2011 -12.28 16.08 2/21/2011 -13.80 15.95 2/22/2011 -15.47 15.81 2/23/2011 -16.31 15.74 2/24/2011 -15.65 15.80 2/25/2011 -15.99 15.77 511 Packet Page -98- 1/24/2012 Item 7.A. Date Water Level (inches above or below ground) Well No. W4 (N46C5442) Water Elevation (feet NGVD) 8/26/2010 0.96 17.58 8/27/2010 4.00 17.83 8/28/2010 8.87 18.24 8/29/2010 9.63 18.30 8 /30/2010 9.48 18.29 8/31/2010 9.42 18.29 9/1/2010 8.82 18.24 9/2/2010 7.90 18.16 9/3/2010 7.08 18.09 9/4/2010 6.28 18.02 9/5/2010 5.97 18.00 9/6/2010 7.29 18.11 9/7/2010 7.22 18.10 9/8/2010 6.47 18.04 9/9/2010 5.85 17.99 9/10/2010 10.86 18.41 9/11/2010 10.05 18.34 9/12/2010 9.08 18.26 9/13/2010 8.10 18.18 9/1412010 7.16 18.10 9/15/2010 7.26 18.11 9/16/2010 6.06 18.01 9/17/2010 5.51 17.96 9/18/2010 4.81 17.90 9/19/2010 3.75 17.81 9/20/2010 2.81 17.73 9/21/2010 2.07 17.67 9/22/2010 1.40 17.62 9/23/2010 0.84 17.57 9/24/2010 2.82 17.74 9/25/2010 4.55 17.88 9/2612010 3.64 17.80 9/27/2010 6.07 18.01 9/28/2010 5.47 17.96 9/29/2010 6.93 18.08 9/30/2010 6.54 18.05 10 /1/2010 5.46 17.96 10/2/2010 4.88 17.91 10/3/2010 4.23 17.85 10/4/2010 3.45 17.79 .10/5/2010 2.80 17.73 H Packet Page -99- 1/24/2012 Item 7.A. Date Water Level (inches above or below ground) Well No. W4 (N46C5442) Water Elevation (feet NGVD) 10/6/2010 2.19 17.68 10/7/2010 1.50 17.63 10/8/2010 0.92 17.58 10/9/2010 0.32 - 17.53 10/10/2010 -0.15 17.49 10 /11 /2010 -0.48 17.46 10/12/2010 -0.86 17.43 10/13/2010 -1.40 17.38 10/14/2010 3.45 17.79 10/15/2010 2.97 17.75 10/16/2010 1.96 17.66 10/17/201.0 1.31 17.61 I0/18/2010 1.03 17.59 10/19/2010 0.60 17.55 10/20/2010 0.22 17.52 10/21 /2010 -0.14 17.49 10/22/2010 -0.80 17.43 10/23/2010 -1.50 17.38 10/24/2010 -2.31 17.31 10/25/2010 -2.22 17.32' 10/26/2010 -3.13 17.24 10/27/2010 -1.79 17.35 10/28/2010 -3.62 17.20 10/29/2010 -3.67 17.19 10/30/2010 -4.88 17.09 10/3112010 -5.66 17.03 11 /1 /2010 -6.13 16.99 11/2/2010 -4.31 17.14 11/3/2010 -6.06 17.00 1.1/4/2010 -6.43 16.96 11/5/2010 0.51 17.54 11/6/2010 -1.56 17.37 11/7/2010 -3.57 17.20 11/8/2010 -4.66 17.11 11/9/2010 -5.46 17.05 11/10/2010 -5.70 17.03 11/11/2010 -6.14 16.99 11/12/2010 -6.81 16.93 11/13/2010 -7.81 16.85 11/14/2010 -8.28 16.81 11 /15 /2010 -8.78 16.77 -2- Packet Page -100- 1/24/2012 Item 7.A. NA'ater Level Well No. W4 (N46C5442) Date (inches above or Water Elevation belom, ground) (feet NGVD) 11/16/2010 -9.32 16.72 11/17/2010 --9.77 16.69 11/18/2010 -9.95 16.67 11/19/2010 -10.43 16.63 11/20/2010 -10.58 16.62 11/21/2010 -10.57 16.62 11/22/2010 -11.00 16.58 1I/2312010 -11.33 16.56 11/24/2010 -12.13 16.49 11/25/2010 -12.33 16.47 11/26/2010 -12.21 16.48 11/27/2010 -12.80 16.43 11/28/2010 -13.40 16.38 11/29/2010 -1.04 17.41 11/30/2010 -4.17 17.15 -3- Packet Page -101- 1/24/2012 Item 7.A. Date Water Level (inclies above or below ground) Well No. W5 (N46C5453) Water Elevation (feet NGVD) 12/30/2010 3.96 16.18 12/31/2010 3.95 16.17 1/1/201] 3.94 16.16 1/2/2011 3.92 16.14 1/3/2011 3.92 16.14 1/4/2011 3.91 16.13 1/5/2011 3.89 16.11 1/6/2011 3.87 16.09 1/7/2011 3.91 16.13 1/8 /2011 3.89 16.11 1/9/2011 3.84 16.06 1110/2011 3.83 16.05 1/1 1/2011 3.82 16.04 1/12/2011 3.80 16.02 1/13/2011 3.75 15.97 I/14/2011 3.74 15.96 1/15/2011 3.73 15.95 1/16/2011 3.71 15.93 1/17/2011 3.71 15.93 1/18/2011 3.83 16.05 1/19/2011 3.77 15.99 1/20/2011 3.75 15.97 1121/2011 3.74 15.96 1/22/2011 3.72 15.94 1/23/2011 3.65 15.87 1/24/2011 3.64 15.86 1/25/2011 3.63 15.85 1/26/2011 4.09 16.31 1/27/2011 3.96 16.18 1/28/2011 3.89 16.11 1/29/2011 3.82 16.04 1/30/2011 3.79 16.01 1/31/2011 3.76 15.98 2/1/2011 3.72 15.94 2/212011 3.70 15.92 2/3/2011 3.67 15.89 2/4/2011 3.65 15.87 2/5/2011 3.63 15.85 2/6/2011 3.62 15.84 2/7/2011 3.60 15.82 2/8/2011 3.57 15.79 Packet Page -102- 1/24/2012 Item 7.A. Water Level Well No. W5 (N46C5453) Date (inches above or Water Elevation below ground) (feet NGVD) 2/9/2011 3.51 15.73 2/10/2011 3.51 15.73 2/11/2011 3.60 15.82 2/12/2011 3.68 15.90 2/13/2011 3.58 15.80 2/14/2011 3.53 15.75 2/15/2011 3.46 15.68 2/16/2011 3.45 15.67 2/17/2011 3.40 15.62 2/18/2011 3.38 15.60 2/19/2011 3.37 15.59 2120/2011 3.32 15.54 2/21/2011 3.29 15.51 2/22/2011 3.26 15.48 2/23/2011 3.22 15.44 2/24/2011 3.20 15.42 2/25/2011 3.18 15.40 -2- Packet Page -103- 1/24/2012 Item 7.A. RESOLUTION 08- 290 A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION OF FILL MATERIAL TO A MAXIMUM DEPTH OF 45 FEET, OR TO THE CONFINING LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME OVERLAY (A -MHOS IN COMPLIANCE WITH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND FOR PROCESSING OF MATERIAL FOR PROPERTY LOCATED EAST OF U4MOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY `IS LOCATED WITHIN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTIONS I AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT- OF-WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. "-420,06-157 AND 07 -274. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has codwed on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004 -41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9, 1999, by Resolution 99 -420, a copy of which is attached as Exhibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining with respect to the same property which is the subject of this conditional use petition, which property is described in Exhibit B; and CUR- PL20110001177 REV :1 SR 846 LAND TRUST DATE: 8/18/11 DUE: 9/1/11 Packet Page -104- 1/24/2012 Item 7.A. WHEREAS, on June 20, 2006, by Resolution 06- 157, a copy of which'is attached as Exhibit F, the Board of Zoning Appeals of Collier County approved a second Conditional Use concerning earth mining and blasting of material with respect to the same property which is the subject of this conditional use petition; and WHEREAS, on September 25, 2007, by Resolution 07 -274, a copy of which is attached as Exhibit G, the Board of Zoning Appeals of Collier County approved a third Conditional Use concerning earth mining and blasting of material with respect to the same property which is the subject of this conditional use petition; and WHEREAS, the owner of the subject property, Mining Venture, LLC, has filed Petition No. CUR- 2008 -AR- 13539, seeking to extend the boundaries of the excavation; and WHEREAS, the parties wish that this Resolution supersede and replace Resolution Nos. 99- 420, 06-157 and 07 -274, so that this Resolution sets forth all conditions for the granting of the Conditional 10se for the subject property; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of allowing this requested expansion of the existing Conditional Use; and WHEREAS, the Collier County Planning Commission has found as a matter of fact (Exhibit A) that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.001 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: (1) The petition filed by R- Bruce Anderson, Esq. of Roetzel & Andress, representing the owner of the property hereinafter described in Exhibit B attached hereto and incorporated by 2 Packet Page -105- n 1/24/2012 Item 7.A. reference herein, be and the same is hereby approved, to the extent that the Board hereby grants a new Conditional Use for Rural Agricultural - Mobile Home Overlay (A -MHO) district for earth mining excavation of fill material to a maximum depth of 45 feet, or to the confining soil layer, whichever is less, and blasting of materials in compliance with all blasting requirements of Section 10.02.03 Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit C) and subject to the conditions set forth in Exhibit D which is attached hereto and incorporated by reference herein. (2) That this Resolution hereby supersedes and replaces Resolution Nos. 99 -420, 06- 157, and 07 -274, which are hereby repealed and rescinded in their entirety and are accordingly no longer of any legal force or effect. Board. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this This Resolution adopted after motion, wcond and super- majority vote, this 23 day of 2008. ATTEST: DWIGHT-E. BROCK, Clerk B AtU t As to Chat eputy Clerk sipnatute`oj�r�......••• Approved as to form and legal suflicigncy: Steven T. Williams Assistant County Attorney c'Aws•CPS•msnuRo BOARD OF ZONING APPEALS COLLIER UNTY, ORIDA By. TOM HENNING, M Packet Page -106- 1/24/2012 Item 7.A. FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMIVIISSION FOR A CONDPTIONAL USE PE=ON FOR CU -AR -69114 Land Tract Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes _L/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: n Adequate ingress & egress Yes -�'f No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or L/ Affect mitigated by } , i ct' ,�k �� c► �i cc I 't Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 1. " t; '1 CHAIRMAN: J r y... • ,--�. W1111IT A Packet Page -107- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Grsating the conditional use will not adversely affect the public interest and will not adversdy affect other property or uses in the same district or neighborhood because on A. Consistency with the Land Development Code and Growth Management Flan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and �-. control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: ivIENIBER: Packet Page -108- 1/24/2012 Item 7.A. •- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood be== of A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and Proposed shuctures tbereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes -Z No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: 1,-""No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes P/"'No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: I z MEMBER: Packet Page -109- n 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trost Earth Mina The following facts are found: 1. Section 1 0.08 of the Land Development Code authorized the conditional use. I Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because oe A. Consistency with the Land Development Code and Cmmrth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and accass in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: t Packet Page -110- _ 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trot Earth Mime The following facts are found. i . Section 10.08 of the Land Development Code authorized the conditional use. I Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the some district or neighborhood because of: A. Consisumcy with the Lan7NO eloparent Code and Growth Management Plan: Yes B. Ingress and egress to property and proposed stcvchn s; thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress , ' / Yes ✓ No C. Affects neighboring properties in relation to noise, glare, economic or odor affcctsZo, affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recornmended for approval. DATE: 01 Packet Page -111- 1/24/2012 Item 7.A. YMING OF FACT BY COLLIER COUNTY PLANNING COM1MION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine The following facts are found: I . Section 10.08 of the Land Development Code authorized the conditional uss. 2. Grating the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to properly and proposed strudrues thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in cast of fire or catastrophe: Adequate ingress & -egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigtted D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER- Packet Page -112- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -69414 Land Trust Earth Mine The following facts are found: L Section i us of the Lead Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes '/ No B. Ingress and egress to property and proposed sttuc m thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and contra], and access in case of fire or catastrophe: Adequate ingress & egress Yes No C, Affects neighboring properdes in relation to noise, glare, economic or odor effects: No affect or . / Affect mitigated by c V� i!"! !.1; Affect cannot be mitigated D. Compatibility with adjacent properties and other properiy in the district: Compatible use within district Yes ti No Based on the above findings, this conditional use shoal with stipulations, (copy attached) (should not) be recommended for approval. DATE- MEMBER ,1 Packet Page -113- 1/24/2012 Item 7.A. MDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- AR4904 Land Taut Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code suthoriud the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighbodwod because of A. Consistency with the Lan7Dav opme nt Code and Growth Management Plaa: Yes o B. Ingress and egress to property and proposed structures Hereon with particular reference to automotive and pedestrian safely and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & ZZ140 C. Affects neighboring properties is relation to noise, glare, economic or odor effects: ZNo affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ZNo Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. . DATE: °� G /� MEMBER: Packet Page -114- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMIVIlSSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Lind Trust Earth Mine The following facts are found: I . Section 10.08 of the Land Development Code authorized the conditional use. 2 Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traMc flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility v6 ith adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Page -115- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 Land Trust Earth Mine 'ibe following facts are found: I . Section i 0.08 of the band Development Cade authorized the caaditiousl use. 2. Granting the conditional use will not adversely affect the public interest aad will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes \4 No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and eonveniencx, traffic flow and ^ control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or 4 Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 4 No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval.. DAT$: – O 7 1AEMB �— - Packet Page -116- 1/24/2012 Item 7.A. FINDINGS OF FACT BY COLLIER COUNTY PLANNING CONIIti MON FOR A CONDITIONAL USE PETITION FOR CU-AR-6904 I.snd Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access is case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: Packet Page -117- 1/24/2012 Item 7.A. ENDING OF FACT BY COLLIER COUNTY PLANNING CONMUSSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trost Earth Mine ?he following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or eases in the same district or neighborhood because of. A. Consistency with the Land Dev ent Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties i meson to noise, glare, economic or odor effects: No affect or Affect mitigated by At cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within di7/No iYes Based on the above Endings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER• �• Packet Page -118- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING CONII MION FOR A CONDITIONAL USE PETITION FOR CU -AR -6404 Land Trust Earth Mu The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use. 2. ' Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use wilt district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: MEMBER: Packet Page -119- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMUMSSION FOR A CONDMONAL USE PETITION FOR CU AR -6904 Land Trust Earth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional use - 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other prop, or uses in the same district or neighborhood because of A. Consistency with the Land Development Code and Growth Management Plan: Yes Na B. Ingress and egress to property and proposed structures thereon with particular refe=ce to automotive and pedestrian safety and convenience, traffic flow and ^ control, and access in case of fire or catastrophe: ,Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or t' Affect mitigated by .> bvr rn f 77P a l• ATf dklf, Affect cannot be mitigated D. Compatbility with adjwmt properties and other property in the district: Compatible use within district Yes if No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval. DATE: 1VTEMBE}Z:�t ('�f.1i7d _ .✓�, .'(C '(t�+ �a"C.i !^ Packet Page -120- 1/24/2012 Item 7.A. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -AR -6904 Land Trust Esrth Mine The following facts are found: 1. Section 10.08 of the Land Development Code authorized the conditional w- 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of- A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience; traffic flow and control, and access in case of fire or catastrophe: n Adequate hwess & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy ached) (should not) be recommended for approval. DATE: MEMBER: Packet Page -121- 1/24/2012 Item 7.A. LEGAL DESCRIPTION ALL OF SECTIONS 35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT -0F -WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD ), COLLIER COUNTY, FLORIDA. 'EXHIBIT "S" Packet Page -122- 1/24/2012 Item 7.A. .LEGAL DESCRIPTION ALL OF SECTIONS -35 AND 36 IN TOWNSHIP 47 SOUTH, RANGE 27 EAST AND ALL OF SECTIONS 1 AND 2 IN TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD FIGHT -0F -WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNtY, FLORIDA, 'EXHIBIT "B" Packet Page -123- 1/24/2012 Item 7.A. PHASE I NO BLAST ZONE BLAST ZONE ROAm: S.R. 64.6 LAND TRUST EARTH MINE cLIENr. S.R. 846 LAND TRUST -- r/ •�`������ �.+rcis- oiwwrMrrrw �� '�r{300' �� 10/212007 mum - ftftw • r . Arm . 1a19�alrrne aawpw 17�4a per � , Inc. a czoa•coo•000 Oluw w. NUT 1190 mo a9. eur �+r • wr+K trei xr • Mlw a {mar -pax aursux . w.Hn w1.ag1eMlMrcM, or Attachment "C" Y Packet Page -124- r 1/24/2012 Item 7.A. Packet Page -125- U .r a v _ � � � -. -� �., � �� ,, �_.� � tX _ yI �' � � r�b f�� .. - - � c r `` .. ..� - -�tu�l kt �• C k spy. - 'T.g 4 h -'. � r t 5 f - . � :1.: I _ �, '� 5 , ' ?�� b , k �a� 5f , - ~ _., _. .. . �i9�: 1/24/2012 Item 7.A. Collier County Conditions of Avnroval CU4)4 -AR-6 Laud Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. 1. The BZA may revoke the approval of this Conditional Use if the approved use or the manner in which the approved use is conducted, managed or operated impairs the character and integrity of the zoning district and surrounding area, or the applicant does not fully comply with or complete all conditions of approval or improvements indicated on the development plan and modification of the conditions or plan are found not to be in the public interest or are detrimental to the public health, safety, or general welfare. 2. Jones Mine shall assist in the formation of a committee comprised of surrounding neighbors that will work together to hire a qualified engineer(s) who will investigate blasting complaints. The firm andlor candidate should be unbiased toward all parties and hired prior to the BZA six month review of the conditional use. 3. The conditional use approval shall be reviewed by staff and brought back to the BZA after six months from the date of this conditional use approval, on the first anniversary of this conditional use approval, again one year after the first anniversary review, and every subsequent two years thereafter to determine �. whether additional stipulations or mitigation are necessary to ensure compatibility with other properties in the area and to assure public health, safety and welfare is adequately addressed. Development Services staff will use time foregoing standards in their review and in the event of the inability of Development Services and applicant to agree -upon additional stipulations or mitigation, the matter will be referred to the Board of Zoning Appeals using the Land Development Code procedural requirement for appeals. 4. This Conditional Use for blasting shall be reviewed by staff and brought back to the CCPC and BZA after one year from the time the excavation permit is issued 5. Jones Mine shall set -up a $40,000 fund to be paid biannually in $20,000 increments that shall be designated for neighborhood improvements. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 7. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. S. The local damage contact will be W. Damon Jones at 239 - 304 -1506 or www.jonesniinkg.com. 9. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. Exhibit D Packet Page -127- 1/24/2012 Item 7.A. 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. 13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi- annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has terminated. 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. 15. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 16. The storm water run off quality should not be affected with the proposed excavation area expansion. 17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 18. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation proper ies/enclosures around the motors of the equipment. If attenuation enclosures arc not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan - Phase I and U. 20, Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained 21, The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04-55, as amended 22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. Exhibit D Packet Page -128- 1/24/2012 Item 7.A. 23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to mir.*n. noise and vibration. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right-of-way shall be the applicant's responsibility. 27. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 28. Upon completion of excavation activities, all buildings, equipmen, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be dsed in the reclamation process. 29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closes residential structure; at the southern. properly border adjacent to the closes residential structure between 16a` Street N.E. and 20* Street N.E.; at the eastern property border between 52"d Avenue N.E. and 58' Avenue N.E. 30. A pre- blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with future structures that meet the pre - blasting inspection criteria of Ordinance 04-55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 31. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre - construction meeting or prior to excavation permit approval. 32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 33. An updated Iisted species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by Exhibit D Packet Page -129- 1/24/2012 Item 7.A. FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. The applicant' shall submit a copy of these surveys to Environmental Services Department staff. 34. Vegetated buffers shall be maintained- around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 36. Provide a 5.3 acre littoral ares, suitable for wading bird habitat within the crested lake. Construction of the littoral area will commence no later than 2 years from the approval of the Conditional Use and be finished within 5 years of said approval. 37. All conditions of the original Conditional Use shall remain in effect, but only to the extent they arc not in conflict or inconsistent with these stipulations. 38. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 39. Additional information provided by FWC staff regarding impacts of blasting on burrowing owl embryo formation shall be forwarded to the County. The information from the FWC shall be provided to the applicant upon receipt. 40. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 41. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. 42. Blasting shall be limited to the blast zone depicted on the attached map. Exhibit D Packet Page -130- 1/24/2012 Item 7.A. RF30LViTON"9 420 A RESOLVITON PROVIDING FOR TEE ESTABLISiaT 0g AN EAkrH,,RaMM EXCAVATION OF FILL MATERIAL CONDITIONAL USE "1" IN TIM W RURAL A(BtICUi,.TURAL ZONING DISTRICT PURSUANT TO SF=ON 2.223. OF TE8 COLLEM COUNTY LAM DVB MWENT CODE FM P"E M LOCATED IN SECTIONS 33 AND AND 3 NS 1 AND SW � BAST RANCM 27 EAST. COLLMt COUN y. FLa&EDA •. MW'� iha �'b+� Of the 5hfae ofFlot3da m '(.ba�lOC 6i_l�. Lalaa ofFbdala, alb C bvter 125. F ad& 3tataatu hu wnf,=d on Col ar county the pow, r to co61i4 wwv= a and e7tf0= =4 and meh bodnpa MFMM as ars ==SKY ft do proftod n of shapable; and . tb ° �Y F R=Mt 6emb bats adopted a land D.W p...t Coda ( No. 91 -1 tt� which iutcludea a eata3ve Zcafag Ud'maaee mdhU*Ang rqWndm for the of Pudcuk gmSMphic dividoeaa of the Coamty, among ra w* is the Bcutlag ofComditivad Uses; and S, the ColbW Comely pb=Mg bmg the ** agapbdmted nand 00m Pig board A* the ants haaeby aiiactad, ban held a pub ie heating atkr notion ss i a, raid ftPWkwMAdvAodMvidK and hen con WwM the y, of C=didwd Uae "1" a fSccq� 2223. of the "A" Runt ASdoulujW Z=ing Diatt)ot fbr plzdnmiaip6 onto proPaltY hereasalhdr damibed. and bra falmd as a of fact (Exltibft •A9 that wAdktMY PrWidoa sod amsagmeog Nava bean mach dl +PpHC" m t1M by aid mSpaot nand is accacdanoa W16 9ubon Z7.4A of tha Land Deerlopwaq Code for tine Collier County Doing ; sod Pwda:a have been 11h-am aPpm4aaity to be heard by tins Smna in a public >aaatiag as cubled and the Board hukg =Wdered all metros pramt.d. NOW. TORE BE IT RESOLVED, BY THE BOARD 08 ZOMNO AMALS of Collar Cosa lk Florida that; The PWdma filed byP. amaa, Anderson, Htgat M cfyc=& Van Aram tp, Varaadee and P.A., leg the S$ti46 Lead Tmat, with tats W to $are peaepar y haaeas� ter as bW which u Attached hereto and inoorpa :moo I> Attachment "E" Packet Page -131- ZWWg Diftiict for aet =Wmg bt &o=d=W Vi& &0 Jdst P}m (Etdubit "CO) and Albjeet to tba &Bowing CoWItW= E:dt W "D" wivtl! u Muhad b*Wo Nod WMPMW by rc&== ba0em. BE TT FURTHER RESOLVED that d& Ruolwion be zmmz ad is dm m>ttnbq of thk BQUL Ma Rachman §&Pftd at= zoodonr a =d and maja * vote. Dona this ---'R - &y of, 2., IM. BOARD OF ZONM Mpl= CD UM COMM MORM \ • 4 O�YI ,Fr`$Yt'OM Clerk 1. ��it ii Is CkIrm�_ '�s12"bn only. NN 11 -2- Packet Page -132- 1/24/2012 Item 7•A. •► lim -.; III I 1 1/24/2012 Item 7.A. RESOUMON NO. 06-L57 A RESOD MON OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE BSTABLMUABNT OF A CONDITIONAL USE FOR EARTH MII4ING WITH EXCAVATION OF FILL MATERIAL TO A MAXiMIUM DEPTH OF 60 FEET. OR TO THE CONFINING SOIL LAYER WHICIMM IS LESS, AND M AS73NO OF MATERIAL IN AN AGRICULTURE (A) ZONING DISTRICT IN COMPLIANCE WITH ALL BLASTING REQUMEMENTS PURSUANT TO ARTICLE IV. SBCTION 22 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES AND SECTION 10.MM OF THE COLL= COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 35 AND 36, 'TOWNSHIP 47 SOUTIL RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WiIEREAS. the legislature of the Stem of Florida in Chapter 67.1246, Laws of Florida. and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WMEAS. the County puraumt thereto has adopted a Land Development Code (Ordinance No. 2004.41, as amended) which includes a Comprehensive Zoning Ordinance establishing regulations for the toning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WOMAS. Oct November 9. 1999, the Board of Zoning Appeals approved Resolution No. 99 -420 for a conditional we for earth mining activities over the same property which is the subject of the instant conditional use petition; and WHEREAS, the Board of Zoning Appeals, being the duly appointed and constituted planning bard for the area hereby affected, has held a public bearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for earth mining, with excavation of 1111 material to a maximum depth of 60 feet, or to the confining soil layer, whichever is loss, and blasting of material in an Agriculture (A) Zoning District pursuant to Section 10.02.03 of the Collier County Land Development Code on the property hereafter described, and the Collier County Planning Commission has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 1048.00.D, of the Land Development Code; acid WEMRBAS, all interest patties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters present. NOW, THEREFORE, BE iT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA. that: The petition filed by R. Brace Anderson, Esq., of Roctzel tit Andress, representing Mining Venture, LLC, and with respect to the property described in Exhibit 'B," attached hereto and incorporated by reference herein, be and the same is hereby approved for a conditional use for earth mining, with excavation of fill material to a maximum depth of 60 feet. or to the confining soil layer, whichever is less, and blasting of material in an Agriculture (A) Zoning District Page 1 of 2 Packet Page -134- Atlad=ent "F': 1/24/2012 Item 7.A. pm unt to Section 10.02.03 of the Collier Coomy Land Devcloptaat Code in =ordamca with the Conceptual Maw Plan (Exhibit "C"). and subject to the conditions set forth in Exhibit "D," which is attached haeto and incorporated by refoum berain.. . BE 1T FURTHER RESOLVED, that this Resotntiat be trcotded in the minutes of this Bostd. no Resolution adopted after motion, aeeond, and super - majority vote. Done this: "day of 9 2006. ATTEST: DWIGHT E MOCK, Cleric IZO Attest as, t o fhstrt�tb*zty Clark tsignateet awl! Approved ar to tare mod W �v 1 BOARD OF 7.OMNG APPEw OF COLLIER. COUNTY, FLORIDA By: FRANK HALAS, Chairman Page 2 of 2 Packet Page -135- 1/24/2012 Item 7.A. RESOLUTION 07 -174 A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR A CONDITIONAL USE WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION OF FELL MATERIAL TO A MAXIMUN DEFIN OF 45 I=. OR TO THE CONFINING LAYER, WHICHEVER IS LESS, AND BLASTING OF MATERIAL IN A RURAL AGRICULTURAL. MOBILE HOME OVERLAY (A-MHO). IN COMPLIANCE WTLH ALL BLASTING REQUIREMENTS PURSUANT TO ARTICLE IV, SECTION 22 OF THE COLLt E R COUNTY CODE OF LAWS AND ORDINANCE AND SECTION 10.02.03 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND FOR PROCESSING OF MATERIAL FOR PROPERTY LOCATED EAST OF IMMOKALEE ROAD. APPROXIh1ATELY 2 NUM NORTH OF OIL WELL ROAD, THE SUBJECT PROPERTY IS LOCATED WI 1iIN SECTIONS 35 do 36. TOWNSHIP 47 SOUTii, RANGE 27 EAST; AND ALL OF SECTION t AND 2, TOWNSHIP 49 SOUTH. RANGE 27 EAST, LESS ROAD RIGHT OFWAY FOR COUNTY ROAD 9" (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 99420 AND 06 -157. WHEREAS. the Legislature of the State of Florida in Chapter 67 -1246. Laws of Ftorids, and Chapter 125, Florida Staartea, has confcmd on Collier County the power to establish, coordinate and enforce seeing and such business regulations as ate nary for the pmteetion of the public, and WHEREAS, the County pursuant thereto has adopted a Lend Development Code (Ordinance No. 2004 -41) which includes a Camtpaehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, on November 9,1999, by Resolution 99-420, a copy of which is attached as Exhibit E, the Board of Zoning Appeals of Collier County approved a Conditional Use providing for earth mining with expect to the sari property which is the subject of this conditional use petition. which property is described in Exhibit B; and WHEREAS, on June 20, 2006, by Resolution 06 -157, a copy of which Is attached as Exhibit F. the Bond of Zoning Appeals of Collier County approved a second Conditional Use concerning earth mining and blasting of material with respect to the same property which is the subjacrof this conditional use petition; and WHEREAS, the owner of the subject property, Mining Ventura, LLC, has filed petition No. CU-2004 -AR- 6904, seeking to extend the botmdaries of the excavation. and WHEREAS, the parties wish that this Resolution supersede and replace Resolutions No. 99.420 and 06 -157, so that this Resolution sets forth all conditions for the granting of the Conditional Use for the subject property; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected. has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of allowing this requested expansion of the existing Conditional Use; and Page 1 of 2 Exhibit G Packet Page -136- 1/24/2012 Item 7.A. WHEREAS, the Collier County pimninj Commission has found as a matter of fact (&bibit "A ") that satisfactory provision and amngement have been made concerning all applicable matters required by said regulations and in aceordamcc wlth Subsection to og.00.D. of the Land Development Code; and WHEREAS. all interested parties have been given opportunity to be hard by this Board in a public meeting assembled and the Board having considered all matters presented, NOW, THEREFORE, BE IT RESOLVED BY The Beard Of 2;oting Appeals Of Collier County, Florida, that: (1) The petition filed by R. Bruce Anderson,•Esq. of Roe ml k Andress, representing the owner of the property hereinafter described in Exhibit 'B" attached hereto and incorporated by reference heroin, be and the same is hereby approved, to the extent that the Board hereby grants a new Condidonal Use for Rural Agricultural -Wbile Home Overlay (A -MHO) district for earth mining: excavation of fill material to a maximum depth of 45 feet, or to the confining soil layer, whichever is leas, and blaming of material in compliance with all blasting F%uirements of Section 10.0203 Collier County Land Development Code in accordance with the Conceptual Master Plan (Exhibit "C") and subj= to the conditions set forth in Exhibit "D" which is attached hereto ad incorporated by mfetence herein, (2) That this Resolution hereby supersedes and replaces Rewlutions No. 99-420 and 06157, which are hereby repealed and rescinded in their entirety and are accordingly no longer Of any legal force or effcec BE IT iURMi8R RESOLVED that this Reenlution be tecordod in the minnow of this Board. T1ris Resolution adopted after motion, second and super - majority vom, this %Wday of 2007. ATTEST: DWIGHT E. BROCIE, CIERK BOARD OF Zc)NING APPEALS • COiI.tER CO WA Br y Attar K �RttClerk COLET s t1poh n 0 County Attorney Page 2 of 2 Packet Page -137- 1/24/2012 Item 7.A. 24D * Wednesday, January 4,2012» NAPLES DAILY .NEWS NOTICE NOTICE NOTICE OF PUBLIC HEARING TO CONSIDER RESOLUTION Notice is hereby given that the Board of County Commissioners; as the Board of Zoning Appeals, of Collier County will hold a public hearing on Tuesday, January 24, 2012, in the Boardroom, 3rd Floor, Administration . Building, Collier County Government Center, 3299 East Tamiaml Trail, Naples, .Florida. The meeting will begin at 9:00 A.M. The title of the proposed resolution is as follows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, CONDUCTING A RE- REVIEW AND AMENDING THE . CONDITIONS OF APPROVAL IN RESOLUTION NUMBER 08 -290 WHICH ALLOWS FOR EARTH MINING WITH EXCAVATION, BLASTING AND PROCESSING OF MATERIAL IN A RURAL AGRICULTURAL MOBILE HOME OVERLAY (A -MHO), FOR PROPERTY LOCATED IN THE RURAL FRINGE MIXED USE DISTRICT RECEIVING LANDS, AND EAST OF IMMOKALEE ROAD, APPROXIMATELY 2 MILES NORTH OF OIL WELL ROAD. THE SUBJECT PROPERTY IS LOCATED WITHIN SECTIONS 35 AND 36, TOWNSHIP 47 SOUTH, RANGE 27 EAST; AND ALL OF SECTIONS' 1 AND 2, TOWNSHIP 48 SOUTH, RANGE 27 EAST, LESS ROAD RIGHT -OF -WAY FOR COUNTY ROAD 846 (IMMOKALEE ROAD), COLLIER COUNTY, FLORIDA; AND REPEALING RESOLUTION NOS. 08.128 AND.08 -290. A copy of the proposed Resolution is on file with the Clerk to the Board, and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All Persons wishing to speak on any agenda item. must register with the County Administrator Prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any, item. The selection of an' individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board' agenda packets must submit said material a minimum of 3 weeks prior to the' respective public hearing. In any case,. written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior.to the public hearing, All material used in preseritations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. If you are 'a person with a disability who needs any accommodation in order to participate in this proceeding, 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 Tamiami Trail East, Building W Naples, Florida 34112, (239)252 -8380. Assisted listening devices for the hearing impaired, are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA 'FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Polaski, Deputy Clerk (SEAL) - , tanuarg 4. 2012 No. 1929171 Packet Page -138- 1/24/2012 Item 7.A. Exhibit "D" — Strike - through /Underline Version- Conditions of Approval for January 2012 Re- Review Mining Ventures, LLC, Petitioner, SR 846 Land Trust, Property Owner CUR- PL2011 -1177 Collier County Conditions of Approval CUR- PL2011 -1177 S.R. 846 Land Trust Earth Mine This approval is conditioned upon the following stipulations because of the close proximity to Golden Gate Estates in Collier County. Following conditional use hearing requirements the BZA may revoke the approval of this Conditional Use detFiMBRtal to the publiG health, safety, 9F geReral we! if the Collier County Code Enforcement Board finds that the mine operator has violated or has not fully complied with all conditions of approval including completion of improvements indicated on the Conditional Use Master Plan and the mine operator has failed to remedy the violation or come into compliance within the time period established by the Code Enforcement Board Exhibit "D" Packet Page -139- 1/24/2012 Item 7.A. 6. The County shall monitor the conditional use for blasting, and an inspection charge shall be applied to cover fees associated with the inspection. 7. A $500,000 bond shall be set aside for settlement of any claims for structural damages directly resulting from blasting. 8. The- local damage contact will be Mr. Damon Jones at 239 - 304 -1506 or collieraggreaates.com. 9. To reduce the impacts to the neighborhood, and to account for changes in weather conditions, air blasts shall not exceed a maximum limit of 120 dbl. 10. Ground vibration shall be allowed up to and not to exceed a calendar monthly average of 0.20 inch per second. 11. The maximum load per hole shall be limited to less than 100 pounds of explosives per blast. 12. The maximum number of blasting activities shall be limited to eight (8) days per month and the maximum number of holes per month shall not exceed 1,680. 13. A one dollar ($1.00) per heavy loaded truck exiting Jones Pit shall be paid semi - annually for ongoing maintenance of county roads impacted by the heavy vehicles. This surcharge will expire when the property is rezoned or the conditional use has been terminated. 14. The applicant shall hire a consultant to establish an archaeological monitoring plan and make sure the employees of Jones Mine are aware of the monitoring plan. 15. Beginning on the first anniversary date of BZA approval and continuing each year thereafter, the owner shall provide a report to the Collier County Transportation Services Division which will include the condition of the roadway adjacent to the property entrance, accident reports, and average daily and peak hour vehicle trips entering and exiting the earth mine. 16. The storm water run off quality should not be affected with the proposed excavation area expansion. 17. A twenty (20) foot wide Type B buffer and fifteen (15) foot high berm shall be installed along the perimeter of the operation adjacent to the residential structures immediately upon approval of this conditional use to insure the noise reduction is addressed. Mulch berms shall not be permitted as part of the buffers. 18. To lessen the potential for noise, dampening of the rock crushing equipment shall have attenuation properties /enclosures around the motors of the equipment. If attenuation enclosures are not able to be achieved for other large equipment then an earthen berm shall be installed around the pumps and equipment; up to the height of the equipment being shielded, (i.e. if the equipment is 10 feet high then a 10 foot high berm is required). The berm shall be installed within six (6) months of approval of this conditional use. 1) Packet Page -140- 1/24/2012 Item 7.A. 19. Blasting is allowed only within the "Permitted Lake Boundary" as shown on the Conditional Use Master Site Plan — Phase I and II. 20. Adequate utility, access roads, drainage, and other necessary facilities already provided shall continue to be maintained. 21. The mining operations shall be conducted in compliance with the laws of the State of Florida, Collier County Government and the Federal Government, especially as related to safety standards set forth in the Blasting Regulation of Collier County Ordinance No. 04- 55, as amended. 22. The hours of pit operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Saturday to prevent disturbance noise to the surrounding residential property owners. If the County receives any complaint regarding the noise from the rock crushing equipment then the hours of operation shall be limited to 7:00 A.M. to 6:00 P.M. Monday through Friday. The hours of blasting shall be regulated by stipulation number 23. 23. The hours of blasting shall be limited to 9:00 A.M. to 4:00 P.M. Monday through Friday. Blasting activities shall not exceed eight (8) days per month with a three (3) second maximum initiation duration with a low volume and close pattern to minimize noise and vibration. 24. The maximum allowable depth of the excavation shall be 45 feet or to the confining layer, whichever is shallower. 25. Excavation shall occur from the eastern boundary and work towards the western boundary of the property. 26. A southbound lane shall be installed to include a passing lane and the length shall be determined on an acceleration rate to 45 miles per hour (mph) or posted speed limit of a loaded dump truck exiting from the property on to Immokalee Road. The southbound lane shall be built to the standards of the Transportation Services Division and all costs of the construction of the southbound lane as well as the land for right -of -way shall be the applicant's responsibility. 27. The conditional use shall be limited to 800 maximum loaded trips per day until the southbound passing lane is constructed. Once the southbound lane has been installed, the limitation on 800 maximum loaded trips shall be lifted. 28. Upon completion of excavation activities, all buildings, equipment, buffers and berms shall be removed within six (6) months, unless such buildings and equipment will be used in the reclamation process. 29. During each blast a seismograph machine shall be placed in three locations; at the northern property border closest to Fawn Avenue and adjacent to the closest residential structure; at the southern property border adjacent to the closest residential structure between 16th Street N.E. and 20th Street N.E.; at the eastern property border between 52nd Avenue N.E. and 58th Avenue N.E. I Packet Page -141- 1/24/2012 Item 7.A. 30. A pre - blasting survey shall be taken for all affected property owners who expressed a concern at the Neighborhood Information Meeting, Collier County Planning Commission and the Board of County Commissioners as well as those who transmitted letters of dissent and existing structures along with the future structures that meet the pre - blasting inspection criteria of Ordinance 04 -55. One copy of the pre- existing survey will be given to the homeowner and another copy shall be filed with the Collier County Engineering Services Department Director. 31. An approved indigo snake plan is required to be implemented prior to beginning any construction including site clearing. The name and contact information of a qualified biologist who will monitor work shall be supplied to Environmental Services Department staff at the pre- construction meeting or prior to excavation permit approval. 32. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission (FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear and other listed species will be required prior to excavation permit approval. 33. An updated listed species survey less than 6 months old is required for areas of expanded excavation prior to issuance of an excavation permit. As required by FWC Technical Assistance, follow up pedestrian surveys of each new mining block will be conducted between 60 and 180 days prior to commencement of any mining related activity through the life of the project. The applicant shall submit a copy of these surveys to Environmental Services Department staff. 34. Vegetated buffers shall be maintained around all wetlands. If any of these buffer areas do not include the minimum required vegetated width, a replanting plan will be required as part of the excavation permit. 35. Any other additional or updated environmental permits or information as required in the LDC will be required prior to excavation permit approval. 36. Provide a 5.3 acre littoral area, suitable for wading bird habitat within the created lake. Construction of the littoral area will commence tht-4 Use and She finished within yeaFs ef said appF during the reclamation phase of the proiect as required by FDEP Permit #0271820 -001 37. All conditions of the original Conditional Use shall remain in effect, but only to the extent they are not in conflict or inconsistent with these stipulations. 38. The water table in adjacent on -site wetlands shall be monitored. Levels shall be recorded and reported to the Community Development and Environmental Services Division every March and September for 5 years. The results shall also be provided to the Environmental Advisory Committee. 39. Additional information provided by FWC staff regarding owl embryo formation shall be forwarded to the County. shall be provided to the applicant upon receipt. Packet Page -142- impacts of blasting on burrowing The information from the FWC 1/24/2012 Item 7.A. 40. Expedited permitting shall be pursued to ensure that these conditions are met quickly and to shorten the length of time that mining will occur on this site. 41. Blasting shall be terminated five (5) years after the expanded excavation permit has been issued. 42. Blasting shall be limited to the blast zone depicted on the attached map. r, Packet Page -143-