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Agenda 11/09/2010 Item #17D Agenda Item No, 17D November 9,2010 Page 1 of 373 EXECUTIVE SUMMARY CU-2008-AR-14078: Cemex Construction Materials Florida. LLC, represented by Robert J. Mulhere, AICP of RWA Consulting, Inc, and Will J. Dempsey, Esquire of Cheffy Passidomo, PA., is requesting a Conditional Use within the Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Area Overlay (A- MHO-RLSAO), pursuant to Section 2,03.01.A,1.c.l and Section 4.08.06,B.4.b. of the Collier County Land Development Code, to allow earth mining and related processing and production of material for a project to be known as the Immokalee Sand Mine. The 898:1:- acre subject property is located on the north side of SR 82, approximately 1.2 miles west of the intersection with SR 29, in Sections 6 and 7, Township 46 South, Range 29 East, Collier County, Florida, OBJECTIVE: To have the Board of County Commissioners (BCC) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPC) regarding the above referenced petition and render a decision regarding this Conditional Use petition; and ensure the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERATIONS: This Conditional Use application proposes to allow earth mining and related processing and production of material for a project to be known as the Immokalee Sand Mine. This site is located within the Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Area Overlay (A-MHO-RLSAO). FISCAL IMPACT: The Conditional Use applicant will not be subject to payment of transportation impact fees for the mining operation, in compliance with the allowances of Ordinance # 09-71 that exempts a mine for which a completed Conditional Use application was submitted prior to that ordinance's effective date of March 16,2010. However, the county will still collect building permit review . fees. Finally, additional revenue is generated by application of ad valorem tax rates, and that revenue is directly related to the value of the improvements. Please note that impact fees and taxes collected were not included in the criteria used by staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT PLAN (GMP) IMPACT: Comprehensive Planning Staff has reviewed this petition and has found it consistent with the applicable policies of the Future Land Use Element. A detailed analysis of the project's - consistency with the FLUE, Transportalion Element and the Conservation and Coastal Management Element is contained in the attached Staff Report. Immokalee Sand Mine; GU-2008-AR-14078 Revised 10111110 Bee Heanng Date 1119110 Page 1 00 Agenda Item No. 17D November 9,2010 Page 2 of 373 COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This item was heard by the CCPC at the October 7, 2010 hearing, and by a vote of 9 to 0, recommended to forward this petition to the Board of County Commissioners (BCe) with a recommendation of approval subject to the conditions recommended by staff as amended below: Revise Condition #4 as provided below: Prior to any vehicular use of the site, the owner shall post two (2) signs along the entry drive, clearly visible to vehicles entering and leaving the site, providing infiirmation regarding potential panther presence and notifYing drivers of the need to use caution. Sign wording, placement and size will be subject to review and approval by Collier County Environmental staff The owner shall submit, and receive approval of, the proposed signage plan in conjunction with the first to occur (!f either the Site Development Plan process, or other local development order as may be required which may allow vehicular use of the site; and Revise Condition 8.a.l as provided below: The owner(s), his successors in title, or assign agree to reserve thirty-five feet (35') of right-ol-way along the Northerly side of SR-82 for approximately 1,190 feet along the property's frontage. The boundaries (if this reservation shall coincide with the preferred alignment shown in Florida Department of Transportation's (FDOT) current Project Development and Environmental (PD&t] Study. The owner(,), its successors or assigns, agree to cooperate with FDOT during the design process for SR-82, endeavoring to eliminate the need for the additional 35 feet by allowing conveyance of off-site storm- water run-off, which may be accomplished via dedication of an easement within this project, at no cost to the County or State, if needed. If the needfor additional right-of- way cannot be reasonably eliminated (as determined by FDOT), then the owner(s), its successors or assigns, agree to dedicate up to 35 feet of right-of-way along the North side of SR-82 to the State of Florida at no cost. The applicant shall provide compensating right-ol-way at no cost of up to twelve-foot (12') width and up to 460 feet in length (including taper), fJr a westbound right-turn lane at the Project Entrance; and Add the following additional stipulations: 8. c. Applicant shall be fully responsible fir designing, permitting, and constructing a westbound acceleration lane at the project entrance on SR 82 for vehicles leaving the project. The westbound acceleration lane will be up to twelve feet (12 ') in width and up to one thousand, six hundred and seventy feet (1,670') in length (including taper) and otherwise comply with FDOT standards. 9. A tire wash system will be installed to wash dust /i'om the wheels and underbody of all haul trucks exiting the facility. This ,Iystem will direct water under pressure at the wheels and the underside of each vehicle as it passes through. Immokalee Sand Mine: GU-2008-AR-14078 Revised 10/11/10 BCC Hearing Date 11/9/10 Page 2 of3 Agenda Item No. 17D November 9, 2010 Page 3 of 373 10. Haul trucks will not be permitted to park or stage along the SR 82 righ!-(~fway. Applicant may allow haul trucks to stage or park on the project's internal roadway prior to 6:30 a.m. Because this petition received an approval recommendation from staff, and a unanimous approval recommendation from the CCPC, and no letters of opposition have been submitted to date, this petition will be placed on the Summary Agenda. LEGAL CONSIDERATIONS: Before you is a recommendation by the Planning Commission for approval of a conditional use authorizing earth mining and related processing in the rural Agricultural (A-MHO-RLSAO) zoning district. A conditional use is a use that is permitted in a particular zoning district subject to certain reslrictions. All testimony given must 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, appearance, 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 the Petition is by Resolution. The proposed Resolution was prepared by the County Attorney's Office and is legally sufficient for Board action, (STW) RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the request for CU-2008- AR-14078, the lmmokalee Sand Mine; subject to the CCPC conditions of approval, which have been incorporated into the attached resolution for approval. PREPARED BY: Kay Deselem, AICP, Principal Planner, Land Development Services Growth Management Division, Planning and Regulation Attachments: I) Staff Reports 2) Resolution 3) Application Immokalee Sand Mine: CU.2008.AR-14078 Revised 10111/10 BCe Hearing Date 11/9/10 Page 3 of3 l\em Number: l\em Summary: Meeting Oate: Agenda Item No. 17D November 9,2010 Page 4 of 373 COLLIER COUNTY BOARO OF COUNTY COMMISSIONERS 170 This Item requires that all participants be swom In and ex parte disclosure be provided by Commission members. CU-2008-AR-14078: Cemex Construction Materials Florida, LLC, represented by Robert J. Mulhere, AICP of RWA Consulting, Inc. and Will J. Dempsey, Esquire of Cheffy Passldomo, PA., is requesting a Condrtional Use within the Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Area Overlay (A-MHO-RLSAO), pursuant to Section 2.03.01 A 1.c.1 and Section 4.08.06.B.4.b. of the Collier County Land Development Code. to allow earth mining and related processing and production of material for a project to be known as the Immokalee Sand Mine. The 898- acre subject property Is located on the north side ot SR 82, approximately 1.2 miles west of the intersection wllh SR 29. in Sections 6 and 7, Township 46 South. Range 29 East, Collier County, Florida. 111912010900:00 AM Prepared By Kay Deselem, AICP Community Development & Environmental Services Planner, Principal Date Zoning & Land Development Review 10/11120105:52:51 PM Approved By Judy Puig Community Development & Environmental Services Operations Analyst Community Development & Environmental Services Date 10112/20109:33 AM Approved By Norm E. Feder, Ale? Transportation Division Administrator - Transportation Date Transportation Administration 101121201010:39 AM Approved By Nick Casalanguida Transportation Division Director ~ Transportation Planning Date Transportation Planning 10112/20105:13 PM Approved By Ray Bellows Community Development & Environmental Services Manager ~ Planning Date Zoning & Land Development Review 10113/20106:11 PM Approved By William D. Lorenz, Jr., P.E. Community Development & Environmental Services Director ~ CDES Engineering Services Date Engineering & Environmental Services 10116120109:51 AM Approved By Steven Williams Assistant County Attorney Date Agenda Item No. 170 November 9, 2010 Page 5 of 373 County Attorney County Attorney 101251201011:01 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 10/25/201012:08 PM Approved By Jeff Kfatzkow County Attorney Date 10128/201010:55 AM Approved By Therese Stanley Office of Management & Budget Manager ~ Operations Support - Trans Date Office of Management & Budget 10/29/20102:37 PM Approved By Mark Isackson ManagemenUBudget Analyst, Senior Date Office of Management & 8 udget Office of Management & Budget 10130120102:04 PM Agenda Item No. 17D November 9,2010 AGENDA flm 9-Af 373 ~r. Co ColLler unty , - .- - SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING & REGULATION FROM: HEARING DATE: SEPTEMBER 2, 2010 SUBJECT: CU-2008-AR-14078; IMMOKALEE SAND MINE PROPERTY OWNER/AGENT: Owner: Cemex Construction Materials Florida LLC 100 Lem Carnes Road Davenport, FL 33837 Agents: Robert J. Mulhere, AICP RWA, Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 Will J. Dempsey, Esquire Cheffy Passidomo P.A. 821 Fifth Avenue South, Suite 201 Naples, FL 34102 REOUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPC) consider an application for a Conditional Use to allow extraction or earthmining and related processing and production not incidental to the agricultural development within the Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Areas Overlay (A-MHO- RLSAO), pursuant to Section 2.03,Ol.A.l.c.1 and Section 4.08.06.B.4.b, of the Land Development Code on approximately 898010 acres of land for a project to be known as the Immokalee Sand Mine. PROJECT STATUS: The Collier County Planning Commission was scheduled to hear this petition on August 5, 2010; however, the petitioner sought a continuance on August 4, 2010 via email as follows: Immokalee Sand Mine, CU-2008-AR-14078 October 7. 2010 cepc Revised: 9/7/10 Page 1 of6 Agenda Item No. 17D November 9,2010 Page 7 of 373 The continuance is requested in order to allow us to address a discrepancy in the requested mine depth. A reference to a mine depth of 80 feet was made at our NIM, yet our exhibits and other documents indicate a requested depth of 90 or the confining layer, whichever is less. We will confirm the actual depth that we are requesting, and we understand that we will need to hold another NIM A formal continuance form was submitted on August 5, 2010. A copy of that document is attached. The petitioner decided to hold another Neighborhood Information Meeting (NIM) to address the 80-foot vs. 90-foot mine depth rather than acquiescing to limit the depth to 80 feet. The second NIM was held on September 2, 2010. At that meeting, the agent stated for the record that the proposed mine depth is 90 feet. Please see the summary shown below. SECOND NEIGHBORHOOD INFORMATION MEETING (NIM): The second NIM was duly noticed by the applicant and held on Thursday, September 2, 2010 at 5:30 PM, at the Immokalee Career Services Center, The following individuals attended: Representing the Applicant (Cemex): Dan Beatty, (Cemex); Bob Mulhere, FAICP (Mulhere and Associates, LLC); Will Dempsey (CheflY, Passadomo, P A); Emilio Robau, PE (RW A, Inc.); and ViJay Comala, (David Plummer and Associates). County staff: Kay Deselem, AICP, and from the Public: Chip Block, AICP (Lee County Planner) Meeting Summary: Bob Mulhere opened the meeting at 5:40 PM, and indicated that the reason for the second NIM was to clarify a misstatement made at the original NIM related to the requested mine depth. A statement was made at the original NIM that the mine depth was to be 80 feet or the confining layer, whichever is less. The actual mine depth requested is 90 feet or the confIning layer, whichever is less. Mr. Mulhere also provided the new public hearing dates for this petition (for CCPC and BCC), which are October 7, 2010 for CCPC, and November 23, 2010. No member of the public spoke other than Mr. Block who identifIed himself on the record. ATTACHED INFORMATION: In addition, the petitioner's completed Request for Continuance form; and the petitioner's completed affidavit information for the NIM held on September 2, 2010, are attached. The Staff Report prepared for the August 2,2010 Planning Commission meeting is not attached; however, it is available upon request. Immokalee Sand Mine, CU-2008-AR-14078 October 7,2010 CCPC Revised: 9f7110 Page 2 of6 Agenda Item No. 17D November 9,2010 Page 8 of 373 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed this supplemental staff report for this petition on September 13,1010. RECOMMENDATION: Staff's position for this petition has not changed since the original staff report was submitted. For ease of reference, that recommendation is included below. Staff recommends that the Collier County Planning Commission (CCPe) forward Petition CU- 2008-AR-14078 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. Excavation uses within the Immokalee Sand Mine facility shall be limited to that which is depicted on the six-page site plan set, identified as the "Conceptual Conditional Use Plans for Immokalee Sand Mine" dated May 2008, with revisions on May 14, 2009, prepared by RWA, Inc. The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations; and 2. Land Development Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use as well as all applicable development standards; and 3. Expansion of uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application in compliance with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04-41, as amended; and 4. Prior to any vehicular use of the site, the owner shall post two (2) signs along the entry drive, clearly visible to vehicles entering and leaving the site, providing information regarding potential panther presence and notifYing drivers of the need to use caution, Sign wording, placement and size will be subject to review and approval by Collier County Environmental staff, The owner shall submit, and receive approval of, the proposed signage plan in conjunction with the Site Development Plan process; and 5. Upon completion of the mining activities, the littoral zone and plantings described on Sheet 6 of 6 of the Conditional Use Plans, entitled "Turn Lane Details and Cross Sections," shall be constructed; and Immokalee Sand Mine, CU-2008-AR-14078 October 7, 2010 CCPC Revised: 9nt10 Page 3 of6 Agenda Item No. 17D November 9, 2010 Page 9 of 373 6. Development of the site shall be subject to compliance with the project phasing plan, "Immokalee Sand Mine Conceptual Phasing Plan," sheet I of 1, prepared by RWA, Inc., dated April 2010; and 7. Hours of operation shall be limited to 6:30 am to 7:00 pm Monday thru Saturday for trucking, and 24 hours Monday through Sunday for excavation and processing; and 8. Transportation Conditions: a LDC Section 6.06.02 addresses the construction of sidewalks adjacent to property frontage on county or state roads. Also, applicant (or owner) may be required to reserve, dedicate, or convey portions of the property adjoining the SR-82 right-of- way to FDOT in connection with the widening of SR-82. The following stipulations shall apply to address these related issues: (1) The owner(s), his successors in title, or assign agree to reserve thirty-five feet (35') of right-of-way along the Northerly side of SR-82 for approximately 1,190 feet along the property's frontage. The boundaries of this reservation shall coincide with the preferred alignment shown in Florida Department of Transportation's (FDOT) current Project Development and Environmental (PD&E) Study. The owner(s), its successors or assigns, agree to cooperate with FDOT during the design process for SR-82, endeavoring to eliminate the need for the additional 35 feet by allowing conveyance of off-site stonn- water run-off, which may be accomplished via dedication of an easement within this project, at no cost to the County or State, if needed, If the need for additional right-of-way cannot be reasonably eliminated (as determined by FDOT), then the owner(s), its successors or assigns, agree to dedicate up to 35 feet of right-of-way along the North side of SR-82 to the State of Florida The applicant shall provide compensating right-of-way oftwe1ve foot (12') width and up to 235 feet in length, for a westbound right-turn lane at the Project Entrance; and (2) The applicant's responsibility for construction of sidewalks (or providing payment in lieu) LDC Section 6.06.02 is limited to those portions of the property that are directly adjacent the SR 82 right-of-way when the project SOP/SIP is approved or when a certificate of occupa'lcy for the first project building permit is issued, whichever occurs first. In the event portions of the property that are presently adjacent to SR 82 are hereafter reserved, dedicated, or conveyed to Collier County or the State of Florida in connection with the widening of SR-82 (including dedications, conveyances, or reservations for water management) - as described in Paragraph 1.a, above, such reserved, dedicated, or conveyed portions of the property shall not be subject to the sidewalk construction obligation under LDC Section 6.06.02, and shall not be considered part of the SR 82 road right-of-way for purposes Immokalee Sand Mine, CU-2008-AR-14078 October 7,2010 CCPC Revised: 9f7110 Page 4 of 6 Agenda Item No, 170 November 9,2010 Page 10 of 373 of calculating applicant's sidewalk obligations for the remaining portions of the property (i.e., the dedicated, conveyed, and reserved portions of the property shall not be deemed as "adjacent" right-of-way with respect to the balance of the property for purposes of calculating applicant's sidewalk obligations). Given that the actual right-of-way reservation and/or dedication needs for the widening of SR-82 are not known at this point, calculation of the payment in lieu option for sidewalks shall be deferred until SIP approval or prior to issuance of a certificate of occupancy for the first building permit, whichever comes first, The applicant shall also have the option of constructing a sidewalk or sidewalks at another location in Collier County as may be agreed to by Collier County Transportation staff, provided the cost of construction of said sidewalk or sidewalks is at least equal to the amount of the payment in lieu option for the ImmokaIee Sand Mine Conditional Use (as adjusted to account for any dedications, conveyances, or reservations of the property in connection with the SR-82 expansion); and b. During the life of the mine, the applicant shall reimburse the County annually the expense actually incurred by the County for maintaining roadway pavement for those segments of State Roads 82 and 29 within a two-mile radius of the project entrance. The purpose of this stipulation is to ensure that the County does not incur out-of-pocket pavement maintenance expenses associated with the use of said segments of State Roads 82 and 29 by applicant's haullrucks. Alternatively and in lieu of the foregoing, should the County adopt a maintenance fee that is uniformly applied to previously approved and pending mining projects to compensate for impacts to roadway pavement caused by mine truck traffic, applicant agrees that this project will be subject to such fee. In the event of a dispute regarding the amount of maintenance reimbursement expense claimed by or paid to the County, the parties shall first use the County's then-current Alternative Dispute Resolution Procedure before filing any action in any court. Immokalee Sand Mine, CU-2008-AR-14078 October 7,2010 CCPC Revised: 9f7110 Page 5 of6 Agenda Item No. 17D November 9,2010 Page 11 of 373 PREPARED BY: SELEM, AlCP, PRINCIPAL PLANNER TMENT OF LAND DEVELOPMENT SERVICES -~--~~ REVIEWED BY: .I~_._ J ... ~/L RA YMON V. BELLOWS, ZONING MANAGER DEPARTMENT OF LAND DEVELOPMENT SERVICES '1'8 '/0 DATE "i" .~-rt. ~--gio NZ, ., P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES (;>s -0<3 - u:./o DATE APPROVED BY: q-I'I-'2<l/b DATE Tentatively scheduled for the November 9,2010 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION; \0-1- \D DATE Attachments; A copy of the petitioner's completed Request for Continuance Form, dated 8/5/10 NIM notices and affidavit Immokalee Sand Mine, CU-2008-AR-14078 October 7,2010 CCPC Revised; 9r7110 Page 6 of 6 . . Co~ 90unty - .... - Agenda Item No. 17D November 9,2010 Page 12 of 373 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DIVISIONI PLANNING AND REGULATION 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 252-2400 FAX (239) 252-6358 www.collleraov.net REQUEST F?R CONTINUJ.NSE OR .w'T~DRA1NAt .- ::;. CHECK ONE. [gI CONTINUANCE o WITHDRAWAL If a continuance is requested, pleale indicate lenath of time: to: OR ~ Indefinite fr2m: [8J Planning Commission o Board of County Commissioners l. Date of Scheduled Hearing. 08/05/10 2. ApplicantfProject Name: Immokalee Sand Mina 3. Application/Case number: CU-2007-AR-14078 4. Type of Application (examples. Rezoning, Conditional Use or Variance) Conditional Use 5. Reason for Request: The continuance Is reauested In order to allow us to address a discrecancy in the reauested mine deoth. ANY ADDInONAL LEGAL ADVERTISING FEES AND PROPERTY OWNER NOTIFICATION FEES MUST BE PAID PRIOR TO PUBLIC HEARING, Y, AND PURSUANT TO FLORIDA STATUTES SECTION 92,525, I DECLARE OING REQUEST AND THAT THE FACTS STATED IN IT ARE TRUE. (" pplicant Or Authorized Agent 08/05/10 Date Printed Name: Patrick Vanasse E-mail address:avanasse@consult-rwa.com Addre..: 6610 Willow Park Drive Phono number: 597-0575 Fax number: 597-0578 5:12008\080095.00.00 Immokalee 5an~ MinelO007 Con~itional Use App Support. Planning12010.Q8.Q5 REQUEST .FOR_CONTINUANCE FORM.doe Agenda Item No. 17D November 9, 2010 Page 13 of 373 AFFIDA VlT OF COMPLIANCE I hereby certify that pW'SUant 10 Ordinance 2004-72, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 10 days prior 10 the scheduled Neighborhood Information Meeting For the purposes of this requirement, tM names and addresses of property OWners shall be deemed those appearing On the latest tax rolls of Collier COW'ltyand all)! otw persons or emities who have made a formal request of the county ro be not/fled, The said notice contained the laymen's description of the site property of proposed change and the date, time and place of a Neighborhood Information Meeting. this Per attached letters and or property owner's list, which are hereby made a part of Affidavit of Compliance ~~- ..., State of Florida County of Collier The foregoing Affidavit of Compliance was acknowledged before me this l2!!! day of ~ 2010 by Patrick Vanasse, who is lleISonallv known to me or who has produced as identification. _110M IlrClllllSSltWtCO_ E!PIJlEll:Oc!oiIr13,l!O'O ............,,............ ~ (Signature of Notary Public) Anna Rosa (print name of Notary Public) NOTARY PUBLIC PJ~.l1imc .&. '" U. .... . Planniog 'Visualization 'Civll Engineering . Surveyina: &:. Mappio. Agenda Item No. 17D November 9, 2010 Page 14 of 373 August 18,2010 Ref: Second Neighborhood Information Meeting Dear Property Owner: Please be advised that the petitioner has made a formal application to Collier County for a Conditional Use (CU) as follows: Property Description: The subject 898:1:-acre property is located in the north side of SR82, approximately 1.2 miles west of the intersection with SR 29, in Section 6 and 7, Township 46 South, Range 29 East, Collier County, Florida Petition Description: CU-2008-AR-14078 Cemex Construction Materials Florida, LLC, represented by Robert J. Mulhere, AICP of RWA, Inc. and Will Dempsey, George Varnadoe ofCheffy Passidomo, PA., is requesting a Conditional Use to allow extraction or earth mining and related processing and production not incidental to the agricultural development of the property in the Agricultural (A) Zoning District, as specified in Section 2.03.01.A.1.c,1 of the Collier County Land Development Code (LDC) for a project to be known as the Immokalee Sand Mine. In order to provide you an opportunity. to become fully aware of our intention regarding the property, identified above, and to give you an opportunity to provide input, we are holding a second Neighborhood Information Meeting (NIM) on Thursday, September 2nd beginning at 5:30 pm at the Career and Service Center, located at 750 South 5" Street, Immokalee, Florida 34142. The pnrpose of this meeting is to clarify a statement made at our previous meeting. regarding the requested mine depth, At that meeting, It was stated that the requested mine depth was "about 80 feet", The actual requested mine depth is 90 feet or the conrming layer, whichever is less, While the primary purpose of this second NIM is to clariry the requested mine depth, we will be prepared to respond to any other questions you may have at that time as wcll. Sincerely, fr- -- Robert J. Mulhere cc: Kay Deselem, Principal Plarmer, Collier County Daniel Betty, Regional Environmental Manager, Cemex Construction Materials Florida, LLC Tom Jones, Director of Government Affairs, Barron Collier Companies George Varnadoe, PA, Cheffy, Passidomo. Wilson & Johnson, LLP Will Dempsey, PA, Cheffy, Passidomo, Wilson & Johnson, LLP B610 Mow Palic Drive, Suite 200, Nap... F_ 34109' (239) 59NI57S, lax: (239) 597-0578 www.consult-rwa.oom Easy Peel. Labels Use Avery. Templm 5160. BARRON COLUER INVESTMENTS LTO 2600 GOlDEN GATE. PKWY STe 200 NAP1.ES,FL 34106-..3227 BROWN, DOUGlAS G PO BOX 1006 ALVA.FL 33920-1905 CCW82 LLC 2160 LOGAN BLVD N NAPLES.FL 34119--1411 PEACOCK TREE FARMS WEST LLC C/O BURELL &ASSOClA.TES PO BOX 430340 U1AMI.Ft 3324$--0340 TURNER GROVES CITRUS Ll0 PRTNR ATTN: RICH CHOMA CONSOLIDATED CITRUS L ro PRTNR 4210 METRO PKWY STE 250 FORT MYERS.Ft. 33915--9-409 ~tiquettes fa~lIes A peler Utillsez Ie gabarlt AVE~ 5160. I I J .i. - Bend 810ng line to : Fe.a Paptr - expose Pop-Up Edge'" l BARRON COtUER PARTNERSHIP 2600 GOLDEN GATE PKWV NAPLES,FL 34 ,oa-3227 CCW82lLC 2170 LOGAN BlVON NAPLES.Fl 34119-1411 CCW82LLC 2170 lOGAN BLVD N NAPLES.Fl 34119-1411 PEACOCK TREE FARMS WEST LtC C/O BURELL & ASSOCIATES PO aox 430340 MIAMI,A. 3324:;--0340 . I I J .... Sens de chargement Repllezi Ie hadture Iffn de 1 reveler Ie rebord PO~UpTM A Agenda Item No. 170 November 9, 2010 ~ AVI!IIN\i 5VGUi31 BARRON COlUER PARTNERSHlP 2600 GOlOEN GATE PKWV NAPlES,FL 34105-3227 CCW82 LLC Zl50 LOGAN BLVD N NAPLES,R. 34119-1411 MILlER, BeTIYE Z ROBERT M;& SARAH B BEHR BEHR & NOI.TE INC PO BOX 728 LABELLE,FL 33975-0728 TURNER GROVES CITRUS L TO PRTNR ATTN: RICH CHOMA CONSOliDATED CITRUS L TO PRTNR 4210 METRO PKWY 8TE 250 FORT MVERS,R.. 33918-9409 www.avery.com HIOO-GO,AVfRY , I I .l. Agenda Item No. 17D November 9,2010 Page 16 of 373 Frangipani Agricultural Community Ovlc Association 'h Greg Bower, President rangipanl Avenue Napl... Florida 34117 Mr. Douglas L Rankin Moorings Professional Building 233STamlami Trail North, Suire 308 Napl... Florida 34103 Golden Gare Estates CIvic Aasociatlon Ms. Peggy Whirbeck PO Box 990596 Naples. Florida 34116 lnunokake CIvic Aasoclatlon Mr. Leo Rooget'! 502 E, New Market Road Immokal... Florida 34142 Immokake Rorary Club Mr. Richard Rice PO Box 5274 lnunokake. Florida 34143 Immokalee Water and Sewer District Ms. Eva J. Deyo 1020 Sanitation Road lnunokalee, Florida 34142 II ! ~"J LEE COUNTY SOUTHWEST FLORIDA BOARD OF COUNTY COMMISSIONERS John E. Manning Distnct One Brian Bigelow Dlstnct Two Ray Judah DIstrict Tflree Tammy Hall D/slnet Four Frank Mann D,sfrtctFlVe Karen e. Hawes (;()unty Manager David M. Owen County Attorney Diana M. Pa/1(;er County Hearmg Exammer (iRecYCIe<\ Pi!~ Agenda Item No. 17D November 9,2010 Page 17 of 373 Direcl Dial Number; 239-533-8371 July 30, 2010 Kay Deselem, AICP, Principal Planner Zoning Services-oland Development Services Department Growth Management Division--Planning & Regulation 2800 North Horseshoe Drive Naples, Florida 34104 RE: Petition No. (AR) CU-2008-AR-14078. Immokalee Sand Mine Dear Ms, Deselem and Members of the Collier County Planning Commission: This leller has been sent to Kay Deselem so that it may be made part of the record for this case and shared with the members of the Planning Commission, Lee County is concerned with the above noted petition for Condilional Use for a mine, as well as a second application for a mining operation, Lost Grove Mine (CU-PL-2009-1412). Immokalee Sand Mine is located approximately 1.8 miles east of the Lee County line on State Route 82, The applicant has indicaled that 65 percent of the mine's truck traffic will be traveling west (northwest) into Lee County (60 percent on State Route 82 and 5 percent on Corkscrew Road), The operation projects a total of 796 truck trips per day traveling west from the mine into Lee County. Currently State Route 82, in Lee County, has a segment that is failing and the added truck traffic from this mine will have a direct impact on the segment. Sixty (60) percent of Ihe Irips generated will travel west on SR82 outside of Collier County. The influence of this projecl on roadways outside of Collier County suggests the need 10 either impose conditions toward road improvements necessary to accommodate mine Iraffic, or adjust Ihe intensity of the operation to reduce impacts to roads in Lee County. We understand that Collier County has adopled road impact fees for development and recently amended these to include Mine/Commercial Excavation, However, in the adoption of these fees, the two mines identified above were exempled from the payment of the impacl fees. Lee County and Collier County have an interlocal agreement addressing potential development impacts across County lines. Although Ihe subject property is over one mile from Ihe Lee County border, Lee County would request that Collier County consider some offset to the projected impacts crealed by Ihis mine that will detrimentally affect Lee County. Attached to this leller is a document from Collier County staff shared with Lee County that provided Collier's recommended conditions of approval. Lee County would respeclfully requesl that the Planning Commission consider adding some additional conditions. For your convenience, Lee County has highlighted and underlined these. These have been offered to help provide beller protection of sarety and welfare; reduction of potential Impacts on the surrounding property owners and existing and future land uses (since this is a proposed 35 year mining operation); and ensuring that the mining operation adheres to the commitments made during the Neighborhood Informational Meeting held on May 6,2010. Thank you very much for your consideration. Sincerely, DEPARTMENT OF COMMUNITY DEVELOPMENT Zoning Division /' /,1/ !'//Ie .-",.' V ~ AJ~( l'T1 '-;;'/.J/ it ('. Alvin Block. A1CP Principal Planner POBox 398 Fort Myers Flonda 33902-0398 (239) 533-2111 ee: Zoning File lee-county. com AN EOUAl oeeORTUNJTY.l<FFIRMAT1VEACTION EMPl.OYER S:\WRITERS\BLOCKAHVmmOkm&e ~an(l Mme\Letter Transmitting Concerns & Conditions.wpd Agenda Item No. 17D November 9,2010 Page 18 of 373 ceN.ITleNS eF APPlleV AL ImDlokalee Saa4 Miae CU-2"'-All-14'7' I. Excavation uses within the lmmokalee Sand Mine facility shall be limited to that which is depicted on the six-page site plan set, identified as the "Conceptual Conditional Use Plans for Immokalee Sand Mine" dated May 2008, with revisions on May 14,2009, prepared by RW A, Inc. The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations; and 2, Land Development Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use as well as all applicable development standards; and 3, Expansion of uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application in compliance with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04-4 I, as amended; and 4. Prior to any vehicular use of the site, the owner shall post and maintain for the life ofthe mining oDeration two (2) signs along the entry drive, clearly visible to vehicles entering and leaving the site, providing information regarding potential panther presence and notifying drivers of the need to use caution. Sign wording, placement and size will be subject to review and approval by Collier County Environmental staff. The owner shall submit, and receive approval of, the proposed signage plan in conjunction with the Site Development Plan process; and 5. Upon completion of the mining activities, the littoral zone and plantings described on Sheet 6 of6 of the Conditional Use Plans, entitled "Turn Lane Details and Cross Sections," shall be constructed; and 6, Development of the site shall be subject to compliance with the project phasing plan, "lmmokalee Sand Mine Conceptual Phasing Plan," sheet I of I, prepared by RWA, Inc" dated April 2010; and 7. Hours of operation shall be limited to 6:30 am to 7:00 pm Monday thru Saturday for trucking, and 24 hours Monday through Sunday for excavation and processing; and Agenda Item No, 17D November 9,2010 Page 19 of 373 8. Transportation Conditions: a. LOC Section 6,06.02 addresses the construction of sidewalks adjacent to property frontage on county or state roads. Also, applicant (or owner) may be required to reserve, dedicate, or convey portions of the property adjoining the SR-82 right-of-way to FOOT in connection with the widening of SR-82. The following stipulations shall apply to address these related issues: (I) The owner(s), his successors in title, or assign agree to reserve thirty-five feet (35') of right-of-way along the Northerly side of SR-82 for approximately 1,190 feet along the property's frontage. The boundaries of this reservation shall coincide with the preferred alignment shown in Florida Oepartment of Transportation's (FOOT) current Project Development alld Environmental (PO&E) Study. The owner(s), its successors or assigns, agree to cooperate with FOOT during the design process for SR-82, endeavoring to eliminate the need for the additional 35 feet by allowing conveyance of off-site storm-water nm-off, which may be accomplished via dedication of an easement within this project, at no cost to the County or State, ifneeded, If the need for additional right-of-way cannot be reasonably eliminated (as determined by FOOT), then the owner(s), its successors or assigns, agree to dedicate up to 35 feet of right-of-way along the North side of SR-82 to the State of Florida The applicant shall provide compensating right-of-way of twelve foot (12') width and up to 235 feet in length. for a westbound right-turn lane at the Project Entrance; and (2) The applicant's responsibility for construction of sidewalks (or providing payment in lieu) LOC Section 6.06.02 is limited to those portions of the property that are directly adjacent the SR 82 right-of-way when the project SOP/SIP is approved or when a certificate of occupancy for the first project building permit is issued, whichever occurs first. In the event portions of the property that are presently adjacent to SR 82 are hereafter reserved, dedicated, or conveyed to Collier County or the State of Florida in connection with the widening of SR-82 (including dedications, conveyances, or reservations for water management) - as described in Paragraph l.a., above, such reserved, dedicated, or conveyed portions of the property shall not be subject to the sidewalk construction obligation under LOC Section 6.06.02, and shall not be considered part of the SR 82 road right-of-way for purposes of calculating applicant's sidewalk obligations for the remaining portions of the property (i.e., the dedicated, conveyed, and reserved portions of the property shall not be deemed as "adjacent" right-of-way with respect to the balance of the property for purposes of calculating applicant's sidewalk obligations). Given that the actual right-of-way reservation and/or dedication needs for the widening of SR-82 are not known at this point, calculation of the payment in lieu option for sidewalks shall be deferred until SIP approval or prior to issuance of a certificate of occupancy for the first building permit, whichever comes first. The applicant shall also have the option of constructing a sidewalk or sidewalks at another location in Collier County as Agenda Item No. 17D November 9,2010 Page 20 of 373 may be agreed to by Collier County Transportation staff, provided the cost of construction of said sidewalk or sidewalks is at least equal to the amount of the payment in lieu option for the Immokalee Sand Mine Conditional Use (as adjusted to account for any dedications, conveyances, or reservations of the property in connection with the SR-82 expansion); and b. During the life of the mine, the applicanl shall reimburse the County annually the expense actually incurred by the County for maintaining roadway pavement for those segments of State Roads 82 and 29 within a two-mile radius of the project entrance. The purpose of this stipulation is to ensure that the County does not incur out-of-pocket pavement maintenance expenses associated with the use of said segments of State Roads 82 and 29 by applicant's haul trucks. Alternatively and in lieu of the foregoh1g, should the County adopt a maintenance fee that is uniformly applied to previously approved and pending mining projects to compensate for impacts to roadway pavement caused by mine truck traffic, applicant agrees that this project will be subject to such fee, In the event of a dispute regarding the amount of maintenance reimbursement expense claimed by or paid to the County, the parties shall first use the County's then-current Alternative Dispute Resolution Procedure before filing any action in any court. 9. Imoacts to the road surfaces from the heavv truck traffic will increase the maintenance burden on roads located oredominatelv in Lee County, The developer/ooerator of the Immokalee Sand mine must contribute toward the maintenance of Lee County roadwavs impacted bv heavy truck traffic generated by the mine. ill Trucks are not permitted to park or stage along State Route 82 orior to 6:30 am. If the ooeration desires to allow trucks to enter the orooertv orior t06:30 am. this may be oermitted. lL The maximum permitted length of this mining operation is 35 years. Requests to extend the aooroved length of this operation will require a new oublic hearing in accordance with the Collier County Land Development Code, .u, Dewatering is only permitted during the removal of the overburden, Dewatering is prohibited during the mining of the coarse sand material. 11, Any damage directly attributable to this mining operation to the improved or unimproved roadways must be repaired by the operator of the mining use. 14, A vehicular wash down facility must be installed and operated for all exiting traffic. Compliance will be a performance measure based on no visible tracking onto the public roadway, li. The owner/operator must provide documentation that there are adequate provisions within the mining ooeration for fire fighting. This must be confirmed in writing by the Fire department lor district serving this site. This may mean that the mining operation may have 10 have the appropriate eouipment to be kept on-site for the purposes of fighting fires, Agenda Item No. 17D November 9,2010 Page 21 of 373 lQ" The Mine Operator and the property owner must prepare and keep an on- site Pollution Prevention Plan, The olan must address anv potential source of contamination and provide Best ManalZement Practices <BMPs) to avoid on-site and off-site surface water and groundwater contamination. The plan must include an inspection program to ensure the oroper ooeration of the implemented BMPs and contaminant spill containment and disposal procedures. The Pollution Prevention Plan must be submitted for review and approval bv Collier County Land Development Services Director prior to beginning the mining ooeration, lL The maximum oennitted depth of this mining operation is 80 feet. !J!.. The maximum oennitted excavation area is 588.98 acres. S:IWRITERSIBLOCKAHllmmokalee Sand Minellmmokalee Sand Mine Conditions of ApprovaLwpd Agenda Item No. 17D November 9,2010 AGEND~e~-~f373 cOtn~r County , ',- STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: ZONING SERVICES--LAND DEVELOPMENT SERVICES DEPARTMENT GROWTH MANAGEMENT DIVISION--PLANNING & REGULATION HEARING DATE: AUGUST 5, 2010 SUBJECT: CU-2008-AR-14078 IMMOKALEE SAND MINE PROPERTY OWNER/AGENT: Owner: Cemex Construction Materials Florida LLC 100 Lem Carnes Road Davenport, FL 33837 Agents: Robert J. Mulhere, AICP RWA,Inc. 6610 Willow Park Drive, Suite 200 Naples, FL 34109 George L. Varnadoe, Esquire Cheffy Passidomo P.A. 821 Fifth Avenue South, Suite 201 Naples, FL 34102 REQUESTED ACTION: The petitioner is asking the Collier County Planning Commission (CCPe) to consider an application for a Conditional Use to allow extraction or earthmining and related processing and production not incidental to the agricultural development within the Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Areas Overlay (A-MHO- RLSAO), pursuant to Section 2.03.01.A.l.c.l and Section 4,08.06.B.4.b, of the Land Development Code on approximately 898010 acres of land for a project to be known as the Immokalee Sand Mine. GEOGRAPffiC LOCATION: The 898010-acre subject property is located on the north side of SR 82, approximately 1.2 miles west of the intersection with SR 29, in Sections 6 and 7, Township 46 South, Range 29 East, Collier County, Florida, (See location map on the following page) CU-200B-AR-1407B, Immokalee Sand Mine Revised: 7/21/10 Page 1 of 12 z o w- 0-';( iiio 9 ~~ .. '. o. 60 .0 ~~ '. !~ (t. ( ll. <( ~ (!) Z Z o N i*i I ~~, b~i 1'1 ..~ ,I!( 2.i?'" IH. . . ,I U 1M ~ o~ ~~~ ". ~~. ~~~ u~ nil I ~ ~ ~ II i ~ I , I II 11 i I I l , ; I I , . l . j I I , I I 1 I I i I i ! ; , , . . ; , ~*! i~1 ~I ~ ! ! ! w . ~ ~ ~ w ~ ~ z Q '< ~ ~ I n. _ ~ ~~! i 1m -- "I ~';-__.. ~ t ,':"-,f~__, i Iii' .. -- ~ ~. I f----_ .. '--~(} 01>-0 !~d itl i I /-"""-~..:;,:,:;:... .,,~... -!. ~vJS iKU i~ ~i ; ! ..... ~~, '::-:-::;;~~':::"~'~~:':" ... ... ~ H II Ii " 1 11'li ..if ,I ,l ,l ,l l " " " , , " " II I, " " " I: " " u I , . 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VI '00 ~ ! ~~ ~ I Glffi ~ 00, ~ ~ ~ Agenda Item No. 17D November 9, f016 Page 25 of373 PURPOSEIDESCRIPTION OF PROJECT: ( The petitioner seeks a Conditional Use for to allow extraction or earthmining and related processing and production not incidental to the agricultural development of the property in the Agricultural (A) Zoning District, as specified in Section 2,03.01.A.1.c.1 of the Collier County Land Development Code (LDC) for a project to be known as the Immokalee Sand Mine. The conceptual site plan (see excerpt below and attached full copy) provides ingress/egress from State Route 82, with the major processing area centrally located in the western portion of the site. 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I 1 ........~-<,-..,....,-. \ I ;;" _. - .,. I ..:.;....,,"....~ ',*, """"".~ '- I' '," , /,:4 "."~. - " . /' ~::;;~" f~~-:"i~{-:.:: ,,;~-;:::;;~F'''' t?'3~ ~ // t.."'~~:m;.~J -~~;.;;; -...;;-,-:' r----~~.,~"., (<---:,_::.~_ .l/ ,., \ \'>f>''''J'l'WI ' i' . :"il -~l"LA\lT TRACT I .'.' , B{U\IJA'<;" f f i F According to the applicant's narrative statement, the current use of the property is agriculture, specifically citrus groves and row crops. The proposed use is a sand quarry with ancillary facilities, The existing agricultural row crop fields and other agricultural activities will be gradually phased out as the subject property is mined. Reclamation ofthe mine will be conducted in accordance with Chapter 62C-39 of the Florida Administrative Code. The agent described the need for this particular Conditional Use as follows; The sand material which will be mined from the subject property is unique to this location and is not found ubiquitously throughout Collier County - sand, like other mined resources is site-specific. The sand available at this site is particularly valuable for two reasons. First, it is of a coarse gradation, which is more desirable and has many applications, including road construction, concrete manufacturing, and the making of , , , , CU.2008-AR-14078, Immokalee Sand Mine Revised: 7/21110 Page 2 of 12 Agenda Item No. 17D November 9,2010 Page 26 of 373 glass. Second, the depth of the sand deposit is rare in Florida. Preliminary estimates indicate the sand resource runs deep at this location. This operation will produce high quality material within Collier County, minimizing the hauling distance to deliver such material to both private development and planned public sector improvements in the region. Additionally, the ISM is located on a collector road (SR 82), close to the intersection with and a major arterial (SR 29). Because of this connectivity to the regional transportation network, the resource will be easily distributed throughout the region and will supply demand in eastern Collier, southern Lee, and western Hendry Counties. The maximum extent of proposed excavation will be approximately 589 acres according to the application, with the life of the mine estimated to be 35 years. Phasing of excavation is shown on the conditional use site plan submitted with the application, and includes ten phases, SURROUNDING LAND USE & ZONING: North: Agricultural uses-citrus crops, with a zoning designation of A-2 (Hendry County) South: State Route 82, then agricultura1 uses, with a zoning designation of A-MHO East: Agricultura1 uses, with a zoning designation of A-MHO West: Agricultural uses, with a zoning designation of A-MHO CU-2008-AR-14078, Immokalee Sand Mine Revised: 7/21/10 Page 3 of 12 Agenda Item No. 170 November 9,2010 Page 27 01373 GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: ( Comprehensive Planning staffhas reviewed this request and offered the following comments: Future Land Use Element (FLUE): The subject property is designated AgriculturalfRural (AgriculturaJIRural Mixed Use District) and is within the Rural Lands Stewardship Area (RLSA) Overlay,. all as identified on the Future Land Use Map of the Growth Management Plan (GMP). The Comprehensive Planning staff has concluded that the proposed CU for Earthmining in the AgriculturaIJRural designation of the RLSA Overlay may be deemed consistent with the FLUE, (See attached GMP consistency memorandum Exhibit A.) Transportation Element: Transportation Plan.ning staff has reviewed the petitioner's Traffic Impact Statement (TIS) and has determined that the adjacent roadway network has sufficient capacity to accommodate this project within the 5-year planning period upon provision of mitigation discussed. Therefore, the subject application can be deemed consistent with Policy 5.1 of the Transportation Element of the Growth Management Plan (GMP). SR-82 Impacts: The first concurrency link that is impacted by this project is link 88, SR-82 from the Lee County Line to SR-29, The project generates 8 PM peak hour, peak direction trips, which represents a 0.91 % impact on SR-82 during the prescribed PM Peak Hour. This segment of SR-82 currently has a remaining capacity of 177 trips, and is currently at LOS "D" as reflected by the adopted 2009 AUIR. No subsequent links ofSR-82 are significantly impacted during the PM Peak Hour. ( It should be noted that the project will create significantly greater trip generation during AM Peak Hour, and also during the site's peak operational hour(s) between 10:00 and 12:00 am, based on the CEMEX Time-In-Plant summary report contained within the TIS. The peak hours shown in this report have been factored to reflect a passenger car equivalency (PCE), which is determined by multiplying truck movements by 1.7 based on the 2000 Highway Capacity Manual to better reflect the slower turning movements of truck traffic. The operational impacts of these PCE trips have been used in the operational analysis for turn lanes and intersection improvements, and will continue to be used during subsequent analyses. Mitigation: The applicant has agreed to the following stipulation(s) as mitigation for this project: 1. Transportation Conditions: a. LDC Section 6.06.02 addresses the construction of sidewalks adjacent to property frontage on county or state roads. Also, applicant (or owner) may be required to reserve, dedicate, or convey portions of the property adjoining the SR-82 right-of- way to FDOT in connection with the widening of SR -82. The following stipulations shall appjy to address these related issues: (1) The owner(s), his successors in title, or assign agree to reserve thirty-five feet (35') ofright-of-way along the Northerly side of SR-82 for approximately 1,190 feet along the property's frontage. The boundaries of this reservation shall GU-2008-AR-14078, Immokalee Sand Mine Page 4 or 12 Revised: 7/21/10 , \ Agenda Item No, 17D November 9, 2010 Page 28 of 373 coincide with the preferred alignment shown in Florida Department of Transportation's (FOOl) current Project Development and Environmental (PD&E) Study. The owner(s), its successors or assigns, agree to cooperate with FOOT during the design process for SR-82, endeavoring to eliminate the need for the additional 35 feet by allowing conveyance of off-site storm-water run-off, which may be accomplished via dedication of an easement within this project, at no cost to the County or State, if needed, If the need for additional right-of-way cannot be reasonably eliminated (as determined by FOOT), then the owner(s), its successors or assigns, agree to dedicate up to 35 feet of right-of-way along the North side of SR-82 to the State of Florida The applicant shall provide compensating right-of-way of twelve foot (12') width and up to 235 feet in length, for a westbound right-turn lane at the Project Entrance; and (2) The applicant's responsibility for construction of sidewalks (or providing payment in lieu) LDC Section 6.06.02 is limited to those portions of the property that are directly adjacent the SR 82 right-of-way when the project SOP/SIP is approved or when a certificate of occupancy for the first project building permit is issued, whichever occurs first, In the event portions of the property that are presently adjacent to SR 82 are hereafter reserved, dedicated, or conveyed to Collier County or the State of Florida in connection with the widening of SR-82 (including dedications, conveyances, or reservations for water management) - as described in Paragraph La., above, such reserved, dedicated, or conveyed portions of the property shall not be subject to the sidewalk construction obligation under LDC Section 6.06.02, and shall not be considered part of the SR 82 road right-of-way for purposes of calculating applicant's sidewalk obligations for the remaining portions of the property (i.e., the dedicated, conveyed, and reserved portions ofthe property shall not be deemed as "adjacent" right-of-way with respect to the balance of the property for purposes of calculating applicant's sidewalk obligations). Given that the actual right-of-way reservation and/or dedication needs for the widening of SR-82 are not known at this point, calculation of the payment in lieu option for sidewalks shall be deferred until SIP approval or prior to issuance of a certificate of occupancy for the first building permit, whichever comes first. The applicant shall also have the option of constructing a sidewalk or sidewalks at another location in Collier County as may be agreed to by Collier County Transportation staff, provided the cost of construction of said sidewalk or sidewalks is at least equal to the amount of the payment in lieu option for the Immokalee Sand Mine Conditional Use (as adjusted to account for any dedications, conveyances, or reservations of the property in connection with the SR-82 expansion); and b. During the life of the mine, the applicant shall reimburse the County annually the expense actually incurred by the County for maintaining roadway pavement for those segments of State Roads 82 and 29 within a two-mile radius of the project entrance, The purpose of this stipulation is to ensure that the County does not incur out-of-pocket pavement maintenance expenses associated with the use of said segments of State Roads 82 and 29 by applicant's haul trucks. Alternatively and in CU-2008-AR-14078, Immokalee Sand Mine Revised: 7/21110 Page 5 of 12 Agenda Item No. 17D November 9, '2010 Page 29 01373 lieu of the foregoing, should the County adopt a maintenance fee that is uniformly applied to previously approved and pending mining projects to compensate for impacts to roadway pavement caused by mine truck traffic, applicant agrees that this project will be subject to such fee. In the event of a dispute regarding the amount of maintenance reimbursement expense claimed by or paid to the County, the parties shall first use the County's then-current Alternative Dispute Resolution Procedure before filing any action in any court. Conservation & Coastal Management Element (CCME): The Environmental Review staff has determined that this petition is consistent with the applicable policies of the CCME as follows: This project is consistent with Policy 1.3.2 since the project development will occur in areas designated as "open lands" and will not impact any areas identified as Flowway Stewardship Areas, Habitat Stewardship Areas, or Water Retention Areas. This project is consistent with Policy 5.1.3 regarding reclamation requirements as required by the Florida Department of Environmental Protection (FDEP). The FDEP requires a reclamation plan to be submitted for their review and approval prior to the initiation of mining activities. FDEP will review the proposed reclamation plan concurrently with their review of the project's Environmental Resource Permit (ERP) application. Mine reclamation will be done in accordance with specific requirements FDEP places on the reclamation plan, The excavation permit will not be issued by the County until all required agency permit are obtained and provided for staff review. This project is consistent with GMP Policy 6.1.1 regarding the selection of preserves. According to the petitioner, the preserve area will consist of native and enhanced/restored on-site wetland areas. As required by Policy 6.1.1, the preserve area will be placed under a permanent conservation easement dedicated to Collier County. As required by Policy 6.1.4, prohibited exotic vegetation will be removed from the sile and maintained in perpetuity. The Environmental Impact Statement (EIS) required by Policy 6.1.8 has been reviewed and approved by the County Environmental staff and the EAC. As required by Policy 6.2.1 and 6.2.2, the wetlands will be verified by the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers (USACE) during the ERP permitting process. As required by Policy 6.2.4, the project will provide mitigation for impacts to wetlands as required by the FDEP and USACE. As required by Policy 7.1.3 and 7.1.4, a listed species survey was conducted in accordance with Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.s. Fish and Wildlife Service (USFWS) guidelines on the property. That survey is contained in the ErS (Section G). Development of the proposed project will require an ERP from FDEP and a Section 404 permit from the USACE. Coordination with FFWCC concerning state listed species will occur during the ERP process while coordination with the USFWS concerning federal listed species will occur during the USACE permitting process. / \ ( \ As required by Policy 11.1.2, correspondence was sent to the Florida Department of State Division of Historical Resources (DHR) regarding possible archaeological or historical sites ( within the project area. The DHR stated that the no significant archaeological or historical CU~2008-AR-14078, Immokalee Sand Mine Revised: 7/21/10 Page 6 of 12 Agenda Item No. 17D November 9,2010 Page 30 of 373 resources are recorded within the project area. (See the attached EAC staff report for the detailed analysis - Exhibit B.) ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals (BZA), the Collier County Planning Commission (CCPe) must make findings that: 1) approval of the Conditional Use will not adversely affect the public interest and will not adversely affect other property of uses in the same district of neighborhood; and 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: I. Sections 2,03,OI,A.1.c,1 and 4,08.06,BA,b, of the LDC permits conditional uses in the Agricultural Rural Agricultural zoning district with a Mobile Home Overlay and a Rural Land Stewardship Areas Overlay, The requested use for a earth mining and related processing and production of material is permitted as conditional uses in the Agricultural Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Areas Overlay, subject to the standards and procedures established in section 10.08, conditional uses procedures, of the LDC. 2. Consistency with the Land Development Code (LDC) and the Growth Management Plan (GMP), This request is consistent with the GMP and, with the conditions proposed by staff, this project will comply with the applicable provisions of the LDC. 3. Ingress and egress to the 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, Ingress and egress to the subject property would be limited to one access point on SR 82, as depicted on the conceptual Site plan. Staff is of the opinion that this earthmining project will not adversely impact pedestrian and vehicle safety, convenience, traffic flow and control, subject to the mitigation as noted in the GMP Transportation discussion on beginning on page 4 of this staff report. 4, The affect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects, The proposed activity at this site will increase noise; however, the project would need to comply with the county's noise ordinance, as it may be amended, therefore the project would be precluded from causing excessive noise. Additionally, due to the rural location of the existing earth mining operation, any necessary blasting as regulated above will not significantly affect neighboring properties (the petitioner agent has stated that blasting is not contemplated as part of the routine operations). 5. Compatibility with adjacent properties and other property in the district. CU,2008-AR-14078, Immokalee Sand Mine Revised: 7/21110 Page 7 of 12 Agenda Item No, 17D November 9,';1010 Page 31 0/373 Future Land Use Element Policy 5.4 requires new developments to be compatible with the surrounding land area The GMP permits earth mining activities within the district, and the Zoning Services staff, reviewing the petition in its entirety, determined compatibility with adjacent properties based upon the fact that the surrounding properties are all zoned Rural Agricultural and are within a Rural Lands Stewardship Overlay Zoning District which permits the existing and proposed uses, with the exception of the land to the north which is governed by Hendry County regulations. That portion of the surrounding property is zoned A-2, which is similar to Collier county's Agricultural zoning district. Based on the above findings, this conditional use should, with stipulations as outlined in this staff report should be recommended for approval, ( \, ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: On June 2, 20 I 0, the EAC heard this request and by a vote of 5 to 0 to forward this petition with a recommendation of approval subject to staffstipulations above as well as the following: 1) The applicant shall submit an updated listed species survey prior to issuance of the excavation permit (this was a staff recommended condition); and 2) The Applicant shall post sigus in dual language (English and Spanish) on site to educate drivers on environmental and public safety concerns.[This condition was added by the EAC]; and 3) 10% of tlle length of the shoreline of the lake pit shall be planted with littorals, The engineer will submit calculations showing the width of the planted area at the next excavation permit application submittal. [This condition was added by the EAC]. , '\ Stipulation # I is a requirement of the LDC thus it does not need to be reiterated as a condition of the Conditional Use approval. Stipulation #2 has been included in the proposed Conditions of Approval provided below. The petitioner has already provided a document that is included in the proposed draft resolution showing compliance witll Stipulation #3, therefore that condition is not necessary either. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant held the required NIM on May 25, 2010 at 5:30 p,m. at the Career & Service Center of Southwest Florida, 750 South 5th Street, in Immokalee, Florida. Two persons, other than the applicant's agent team and Collier County staff attended. One person attending representing Lee County government and the other did not indicate any affiliation with any entity, Questions were asked regarding the proposed depth of the excavation, what type material would be mined, the duration of the mining operation, estimated truck traffic impacts, dewatering and proposed hearing dates. An agent team member stated the requested depth is 80 feet, noting the confining layer is below 80 feet. He went on to say the duration of the mine is planned to be 35 years with material to be coarse, high grade sand that will be used for manufacturing putposes; it will not be used for fill. The agent indicated that the project's TIS reflects that the truck traffic will have a de minimis effect (less than 1%) impact on the roadway system, with 60:1:% of the trips going to the north west on SR 82. The agent indicted that dewatering may be needed to remove the top layer of clay. ( CU-2008-AR-14078. Immokalee Sand Mine Revised: 7/21110 Page8of12 Agenda Item No. 17D November 9,2010 Page 32 of 373 COUNTY ATTORNEY OFFICE REVIEW: The County Attorney Office has reviewed the staff report for CU-2008-AR-14078 revised on July 15,2010. RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPe) forward Petition CU- 2008-AR-14078 to the Board of Zoning Appeals (BZA) with a recommendation of approval, subject to the following conditions: 1. Excavation uses within the lmmokalee Sand Mine facility shall be limited to that which is depicted on the six-page site plan set, identified as the "Conceptual Conditional Use Plans for lmmokalee Sand Mine" dated May 2008, with revisions on May 14, 2009, prepared by RWA, Inc. The site plan noted is conceptual in nature for Conditional Use approval, The final design must be in compliance with all applicable federal, state and county laws and regulations; and 2. Land Development Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use as well as all applicable development standards; and 3. Expansion of uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application in compliance with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04-41, as amended; and 4. Prior to any vehicular use of the site, the owner shall post two (2) signs along the entry drive, clearly visible to vehicles entering and leaving the site, providing information regarding potential panther presence and notirying drivers of the need to use caution. Sign wording, placement and size will be subject to review and approval by Collier County Environmental staff, The owner shall submit, and receive approval of, the proposed signage plan in conjunction with the Site Development Plan process; and 5. Upon compjetion of the mining activities, the littoral zone and plantings described on Sheet 6 of 6 of the Conditional Use Plans, entitled "Turn Lane Details and Cross Sections," shall be constructed; and 6. Development of the site shall be subject to compliance with the project phasing plan, "lmmokalee Sand Mine Conceptual Phasing Plan," sheet I of 1, prepared by RWA, Inc., dated April 2010; and 7. Hours of operation shall be limited to 6:30 am to 7:00 pm Monday thru Saturday for trucking, and 24 hours Monday through Sunday for excavation and processing; and CU-2008-AR-14078, Immokalee Sand Mine Revised: 7/21/10 Page 9 of 12 Agenda Item No. 17D November 9, '201 0 Page 33 01373 8. Transportation Conditions: ( \, a LDC Section 6.06.02 addresses the construction of sidewalks adjacent to property frontage on county or state roads. Also, applicant (or owner) may be required to reserve, dedicate, or convey portions of the property adjoining the SR-82 right-of- way to FDOT in connection with the widening of SR-82. The following stipulations shall apply to address these related issues: (1) The owner(s), his successors in title, or assign agree to reserve thirty-five feet (35') of right-of-way along the Northerly side of SR-82 for approximately 1,190 feet along the property's frontage. The boundaries of this reservation shall coincide with the preferred alignment shown in Florida Department of Transportation's (FDOT) current Project Development and Environmental (PD&E) Study. The owner(s), its successors or assigns, agree to cooperate with FDOT during the design process for SR-82, endeavoring to eliminate the need for the additional 35 feet by allowing conveyance of off-site storm-water run-off, which may be accomplished via dedication of an easement within this project, at no cost to the County or State, if needed. If the need for additional right-of-way cannot be reasonably eliminated (as determined by FDOT), then the owner(s), its successors or assigns, agrce to dedicate up to 35 feet of right-of-way along the North side of SR-82 to the State of Florida The applicant shall provide compensating right-of-way of twelve foot (12') width and up to 235 feet in length, for a westbound right-turn lane at the Project Entrance; and ( (2) The applicant's responsibility for construction of sidewalks (or providing payment in lieu) LDC Section 6.06.02 is limited to those portions of the property that are directly adjacent the SR 82 right-of-way when the project SDP/SIP is approved or when a certificate of occupancy for the first project building permit is issued, whichever occurs first. In the event portions of the property that are presently adjacent to SR 82 are hereafter reserved, dedicated, or conveyed to Collier County or the State of Florida in connection with the widening of SR-82 (including dedications, conveyances, or reservations for water management) - as described in Paragraph l.a., above, such reserved, dedicated, or conveyed portions of the property shall not be subject to the sidewalk construction obligation under LDC Section 6.06.02, and shall not be considered part of the SR 82 road right-of-way for purposes of calculating applicant's sidewalk obligations for the remaining portions of the property (i.e., the dedicated, conveyed, and reserved portions of the property shall not be deemed as "adjacent" right-of-way with respect to the balance of the property for purposes of calculating applicant's sidewalk obligations). Given that the actual right-of-way reservation and/or dedication needs for the widening of SR-82 are not known at this point, calculation of the payment in lieu option for sidewalks shall be deferred until SIP approval or prior to issuance of a certificate of occupancy for the first building permit, whichever comes first. The applicant shall also have the option of constructing a sidewalk or sidewalks at another location in Collier County as ( may be agreed to by Collier County Transportation staff, provided the cost of construction of said sidewalk or sidewalks is at least equal to the amount of the CU-200B-AR-14078, Immokalee Sand Mine Page 10 or 12 Revised: 7/21/10 Agenda Item No. 17D November 9,2010 Page 34 of 373 payment in lieu option for the Immokalee Sand Mine Conditional Use (as adjusted to account for any dedications, conveyances, or reservations of the property in connection with the SR-82 expansion); and b. During the life of the mine, the applicant shall reimburse the County annually the expense actually incurred by the County for maintaining roadway pavement for those segments of State Roads 82 and 29 within a two-mile radius of the project entrance. The purpose of this stipulation is to ensure that the County does not incur out-of-pocket pavement maintenance expenses associated with the use of said segments of State Roads 82 and 29 by applicant's haul trucks. Alternatively and in lieu of the foregoing, should the County adopt a maintenance fee that is uniformly applied to previously approved and pending mining projects to compensate for impacts to roadway pavement caused by mine truck traffic, applicant agrees that this project will be subject to such fee. In the event of a dispute regarding the amount of maintenance reimbursement expense claimed by or paid to the County, the. parties shall fIrst use the County's then-current Alternative Dispute Resolution Procedure before fIling any action in any court. CU-200S-AR-14078, Immokalee Sand Mine Revised: 7121110 Page 11 of12 PREPARED BY: B- KAY DE LEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF LAND DEVELOPMENT SERVICES REVIEWED BY: . A WILLI D. LORE , JR., P.E., DIRECTOR DEPARTMENT OF LAND DEVELOPMENT SERVICES APPROVED BY: ~L~MffiISTRATOR GROWTH MANAGEMENT DIVISION COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN Agenda Item No. 17D November 9. ~010 Page 35 of 373 ( 711~/1O DATE 7'/5"./0 DATE 7. IS. 10 DATE ( \ 7.../I{-/O DATE DATE Tentatively scheduled for the September 14,2010 Board of County Commissioners Meeting Attachments: A. Conceptual Master Plan B. Resolution GU-200B-AR-1407B, Immokalee Sand Mine Revised: 7/15110 ( Page 12 of 12 Agenda Item No. 17D November 9, 2010 Page 36 of 373 c::;.o~T Cou:n:ty - -- Consistency Review To: Kay Deselem, AICP, Principal Planner, Zoning Section From: Michael J. DeRuntz, CFM, Principal Planner, and David Weeks, AICP, GMP Manager, Comprehensive Planning Section Date: April 27, 2010 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: CU-2008-AR-14078 (REV: 4 - 4/20/10) PETITION NAME: Immokalee Sand Mine REQUEST: To obtain a Conditional Use for earth mining on the i:898-acre subject property in the A, Rural Agricultural zoning district and also within the Mobile Home Overlay (MHO). LOCATION: The subject property encompasses portions of Sections 6 and 7, Township 46 South, Range 29 East, and lies north ofSR 82, approximately 1.2 miles west of its intersection with SR 29. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated AgriculturaVRural (Agricultural/Rural Mixed Use District) and is within the Rural Lands Stewardship Area (RLSA) Overlay, all as identified on the Future Land Use Map of the Growth Management Plan (GMP). RLSA Policy 1.5, below, provides for Baseline Standards, and RLSA Policy 1.4 provides that property for which the owner chooses not to participate in the Stewardship Program will remain eligible for those Baseline Standards uses. RLSA Policy 1.5: "As referred to in these Overlay policies, Baseline Standards are the permitted uses, density, intensity and other land development regulations assigned to land in the RLSA by the GMP, Collier County Land Development Regulations and Collier County Zoning Regulations in effect prior to the adoption of Interim Amendments and Interim Development Provisions referenced in Final Order AC-99-002. The Baseline Standards will remain in effect for all land not subject to the transfer or receipt of Stewardship Credits, except as provided for in Group 5 Policies. No part of the Stewardship Credit System shall be imposed upon a property owner without that owners consent. " The applicant has not elected to participate in the Stewardship Program for the subject property, thus is subject to the Baseline Standards. The AgriculturaVRural designation allows for earth mining activities. The Collier County Land Development Code lists earth mining as a permitted Conditional Use in the "A" zoning district. Exhibit A I Agenda Item No. 170 November 9,2010 Page 37 0(373 Even though the applicant has elected not to participate in the Stewardship Program, he is still responsible for addressing RLSA Policy 5.5 and 5.6. Comprehensive Planning Staff defers to Environmental Review Staff to review for consistency with those policies. ( FLUE Policv 5.4. and Obiective 7 and relevant pOlicies are stated below; each policy is followed by staff analysis. FLUE PolicY 5.4 "New developments shall be compatible with, and complementary to, the surrounding land uses, as set- forth in the Land Development Code." Compl'ehensive Planning leav.es this- determination to Zoning staff as part of their review of the petition in its entirety. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Communitv Character Plan (or Collier Countv. Florida, promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implementedfor new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. (The project's access is to State Route 82, an arterial road.) Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The Conceptual Site Plan indicates access to all buildings will be via a single internal service road. Due to the nature of the proposed use, a loop road is unnecessary.) ( Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (Given that the proposed use is an earth mining operation, staff does not believe it appropriate to provide interconnections to adjacent lands for public safety.) Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (Most of this policy is not applicable to this type of non-residential project. Open space must be provided as required by the Land Development Code. Since the applicant has not requested a deviation, provision of sidewalks must be in accordance with Land Development Code requirements.) Based upon the above analysis, Comprehensive Planning staff concludes that the proposed Conditional Use for earth mining in the Agricultural/Rural designation and RLSA Overlay may be deemed consistent with the Future Land Use Element. PETITION ON CD-PLUS cc: Ray Bellows, Zoning Manager, Zoning Section Mike Bosi, AICP, Planning Manager, Comprehensive Planning Section CDIFLUE File I \ GU-2008-AR-14078 lmmokafee Sand Mine - 4 G:\Consistency Reviews\2010\CU 2 md-dwlH7 -1 D Agenda Item No. 170 November 9,2010 Page 38 of 373 Agenda Item VI.B ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF June 2nd, 2010 I. NAME OF PETITIONER/PROJECT: Petition No: Conditional Use - CU-2008 AR- 14078 Excavation Permit-EXP-2008 AR-14079 Petition Name: Immokalee Sand Mine Applicant/Developer: Cemex Inc. Engineering Consultant: RW A, Inc. Environmental Consultant: Turrell,Hall & Associates, Inc. II. LOCATION: The 898:f:-acre subject property is located on the north side of SR 82, approximately 1.2 miles west of the intersection with SR 29, in Sections 6 and 7, Township 46 South, Range 29 East, Collier COlUlty, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N- A-2 (Hendry County) Agricultural uses-citrus crops S- A-MHO State Route 82 (Immokalee Road), then agricultural uses E- A-MHO Agricultural uses w- A-MHO Agricultural uses Exhibit B Agenda Item NO.,170 November 9.2.010 Page 39 of 373 BAe Meeting Page 2 oflO ( IV. PROJECT DESCRIPTION The applicant, Cemex Construction Materials Florida, LLC, represented by Robert 1. Mulhere, AlCP of RW A, Inc. and George Varnadoe, Esquire of Cheffy Passidomo, PA., is requesting a Conditional Use to allow extraction or earthtnining and related processing and- production not incidental to the agricultural development of the property in the Agricultural (A) Zoning District, as specified in Section 2.03.01.A.1.c.1 of the Collier County Land Development Code (LDC) for a project to be known as the Immokalee Sand Mine. According to the applicant's narrative statement, the current use of the property is agriculture, specifically citrus groves and row crops. The proposed use is a sand quarry with ancillary facilities. Crop fields and agricultural activities will be gradually phased out as the subject property is mined. Reclamation of the mine will be conducted in accordance with Chapter 62C-39 of the Florida Administrative Code. The maximum extent of proposed excavation will be approximately 589 acres according to the application, with the life of the mine estimated to be 35 years. Phasing of excavation is shown on the conditional use site plan submitted with the application, and includes ten phases. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated AgriculturallRural (Agricultural/Rural Mixed Use District) and is within the Rural Lands Stewardship Area (RLSA) Overlay, all as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). RLSA Policy 1.5, below, provides for Baseline Standards, and RLSA Policy l.4 provides that property for which the owner chooses not to participate in the Stewardship Program will remain eligible for those Baseline Standards uses. RLSA Policy 1.5: As referred to in these Overlay policies, Baseline Standards are the permitted uses, density, intensity and other land development regulations assigned to land in the RLSA by the GMP, Collier County Land Development Regulations and Collier County Zoning Regulations in effect prior to the adoption of Interim Amendments and Interim Development Provisions referenced in Final Order AC-99-002. The Baseline Standards will remain in effect for all land Mt subject to the transfer or receipt of Stewardship Credits, except as providedfor in Group 5 Policies. No part of the Stewardship Credit System shall be imposed upon a property owner without that owners consent. , \ Agenda Item No, 170 November 9, 2010 Page 40 of 373 EAe Meeting Page 3 of 10 The applicant has not elected to participate in the Stewardship Program for the subject property, thus the property is subject to the Baseline Standards. The Agricultura1lRural designation allows for earth mining activities. The Collier County Land Development Code lists earth mining as a permitted Conditional Use in the "An zoning district. Even though the applicant has elected not to participate in the Stewardship Program, he is still responsible for addressing RLSA Policy 5.5 and 5.6. Comprehensive Planning Staff defers to Environmental Review Staff to review for consistency with those policies. Other Goals, Objectives and Policies of the GMP FLUE that are relevant to this petition are address below, with the criteria shown in italicized print followed by staff's responses in bold font. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Commwiitv Character Plan for Collier Countv. Florida. promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects, where applicable. Policy 7.1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The project's access is to State Route 82, an arterial road, thus the project is consistent with this objective and policy. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for trciffic signals. The Conceptual Site Plan indicates access to all buildings will be via a single internal service road. Due to the nature of the proposed use, a loop road is unnecessary. Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. Agenda Item No, 170 November 9, 2010 Page 41 of 373 EAC Meeting Page 4 of 10 ( \ Given that the proposed use is an earth mining operation, staff does not believe it appropriate to provide interconnections to adjacent lands for public safety. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. Most of this policy is not applicable to this type of non-residential project. Open space must be provided as required by the Land Development Code (LDC). Since the applicant has not requested any variances from LDC requirements in conjunction with the subject conditional use, sidewalks will need to be provided be in accordance with LDC requirements or other modifications from the LDC would need to be sought. Based upon the above analysis, Comprehensive Planning staff concludes that the proposed Conditional Use for earth mining in the AgriculturallRural designation and RLSA Overlay may be deemed consistent with the Future Land Use Element. Conservation & Coastal Manaeement Element: This project is consistent with policy 1.3,2 since the project development will occur in areas designated as "open lands" and will not impact any areas identified as Floww-ay Stewardship Areas, Habitat Stewardship Areas, or Water Retention Areas. This project is consistent with policy 5.1.3 regarding reclamation requirements as required by the Florida Department of Environmental Protection (FDEP). The FDEP requires a reclamation plan to be submitted for their review and approval prior to the initiation of mining activities, FDEP will review the proposed reclamation plan concurrently with their review of the project's Environmetal Resource Permit (ERP) application. Mine reclamation will be done in accordance with specific requirements FDEP places on the reclamation plan. The excavation permit will not be issued by the County until all required agency permit are obtained and provided for staff review. This project is consistent with policy 6. 1 ,l regarding the selection of preserves. The preserve area will consist of native and enhanced/restored on-site wetland areas. As required by Policy 6,1.1, the preserve area will be placed under a permanent conservation easement dedicated to Collier County. , I '- Agenda Item No, 170 November 9.2010 Page 42 of 373 EAC Meeting Page 5 of 10 As required by Policy 6.1.4, prohibited exotic vegetation will be removed from the site and maintained in perpetuity. The Environmental Impact Statement (EIS) required by Policy 6.1.8 has been prepared and is supplied as part of the review packet for this submittal. As required by Policy 6.2.1 and 6.2.2, the wetlands shall be verified by the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers (USACE) during the ERP permitting process. As required by Policy 6.2.4, the project will provide mitigation for impacts to wetlands as required by the FDEP and USACE. As required by Policy 7.1.3 and 7.1.4, a listed species survey was conducted in accordance with Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS) guidelines on the property and is contained in the EIS (Section G). Development of the proposed project will require an ERP from FDEP and a Section 404 permit from the USACE. Coordination with FFWCC concerning state listed species will occur during the ERP process while coordination with the USFWS concerning federal listed species will occur during the USACE permitting process. As required by Policy 11.1.2, correspondence was sent to the Florida Department of State Division of Historical Resources (DHR) regarding possible archaeological or historical sites within the project area. The DHR stated that the no significant archaeological or historical resources are recorded within the project area (ElS Appendix C, Attachment 3). VL MAJOR ISSUES: Stormwater The Collier County Drainage Atlas shows this property as being at the south end of Cow Slough which flows into Hendry County. The conceptual water management plan for the site shows the eventual discharge point as being toward the east. If there is any discharge from this site, it will be limited to 0.15 cfsl acre. Sand mines are usually done by hydraulic dredging. The on-site water is used for tlle dredging operation. As the excavation progresses, removal of the fill forms a retention area which fills with ground water in the drier season and rainwater in the wet season. In either case, the runoff from the site is decreased from the pre-excavation condition. If the sand medium, in which the excavation is done, is porous enough, the increased head after a rainfall event Agenda Item No. 170 November 9,2010 Page 43 of 373 EAC Meeting Page 6 of 10 ( \ forces the water through the pit walls and back into the aquifer and the excavation may never discharge. With a hydraulic dredge, the depth of excavation is limited by the character of the material. The plan calls for excavation down to the confining layer, which varies, Environmental: Site Description: The property site contains 897.90 acres of which 13.3 acres remains as native vegetation on site according to the definition in the GMP and LDC. On site native vegetation communities include Willow (5.6 ",acres) and wet prairie (7.7 '" acres). The rest of the property consists mostly of pasture lands, disturbed lands, row crops, and citrus groves as shown on the FLUCCS map in the BIS (Exhibit 2). The property was cleared some time prior to 1975. Wetlands: The project site contains five isolated wetlands that comprise approximately 15.6 acres of jurisdictional wetlands, These five wetlands are identified as W- I through W-5 as shown on the FLUCCS map in the ErS (Exhibit 2). Wetland W-l is 7.7 acres located in the southwest comer of the mine property. It is primarily a wet prairie composed of a mix of roderal and grassy vegetation. Wetland W-2 is 1.2 acres located in the south/central portion of the property and is dominated by Brazillian pepper and primrose willow. Wetland W-3 is 5.6 acres located in the east central portion of the property. This man- made wetland due to the surrounding berms is dominated by Brazilian pepper. Wetlands W-4 and W-5 is 1.1 acres located in the northeastern portion of the property. These two wetlands, which may be described as dug out watering holes for cattle, are also man-made, Hydrological manipulations occur on this site whereas, the water table and water levels are controlled, managed, and altered as needed through the use of wells in conjunction with throw out pumps at various locations. The proposed control elevation for the project lake (35.5 feet NA VD 88) will be such that the on-site water management system will not adversely impact natural hydro periods in preserved and off-site wetlands. This elevation was considered to mimic the area's seasonal high water table (SHWT) in a manner similar to current conditions, to reflect SHWT elevations allowed to occur in the mine property's row crop fields (based on various on-site indicators in addition to the wetland estimates), and to be sufficiently high that it would not result in any lowering of the average high water levels that naturally occur in the preserved on-site and nearby off-site wetlands. Final design and the control elevation may be adjusted if required by the South Florida Water Management I \ Agenda Item No. 170 November 9, 2010 Page 44 of 373 EAe Meeting Page 7 of 10 District (SFWMD) during the Environmental Resource Permitting (ERP) process. Mine reclamation as required by FDEP may include either sod or native littoral plantings for bank stabilization. Development of the proposed project will completely impact two of the existing wetlands on site (W-2 and W-4 totaling approximately 1.2 acres) and partially impact W:5 (approximately 0.2 acres of impacts) (EIS Exhibit 7). The Uniform Mitigation Assessment Method (UMAM) scores for the five on- site wetlands range from 0.27 to 0.43, The proposed mitigation program includes preservation.. of 5.6 acres of existing wetlands_within the project boundary and restoring/creating an additional 14 to l5 acres of wetlands in the mitigation area that presently does not exist. Additionally, another 8,6 acres will be retained on the property, 0.9 acres within the proposed wildlife corridor and the 7.7 acres contained within W-l. Proposed mitigation for the wetland impacts also includes the enhancement of uplands within the mine property. The wetland mitigation areas total approximately 20.5 acres (EIS Exhibit 9). Preservation ReQuirements: The property site contains 897.90 acres of which 13.3 acres remains as native vegetation on site. The native vegetation preservation requirement for this project in the Rural Lands Stewardship Area (RLSA) utilizing baseline standards is 40% since listed species' were observed on site. The project shall preserve 5.6 acres or 42% of the native vegetation on site. W-l in the southwest comer of the property which contains the 7.7 acres of wet prairie will be retained but is not included in the proposed on-site preserve since possible future expansion of State Road 82 may result in impacts to those wetlands. Listed Species: During July, August, and September 2008, listed species survey (LSS) was conducted on the project site (ElS Appendix B). The listed animal species observed on the project site included the American Alligator, alligator snapping turtle, tricolored heron, sandhill crane, and crested caracara. Other than some alligators and a snapping turtle, none of the other observed listed species reside or nest on the project site. No listed plant species were found on site. Minimization of impacts to wading birds includes minimal impacts to existing wetlands, restoration, creation, and enhancement of wetlands on-site, and taking appropriate protective measures during project construction and operations. Agenda Item No, 170 November 9, ::1010 Page 45 of 373 EAC Meeting Page 8 of 10 c Florida Panther The project area is within a secondary panther zone as discussed in Appendix B and illustrated in Exhibit 13 in the EIS. Although no Florida panthers (Felis conca/or cory) have been documented on the project site and there is limited panther habitat value, the mine will impact these zones. It is anticipated that mitigation will be required by the United States Fish and Wildlife Service (USFWS) for the proposed impacts during future Section 7 consultation process. A Section 404 pennit will be required by the United States Army Corps of Engineers (USACE) to conduct mitigation activities in the project's on-site mitigation areas. Probable mitigalion requirements may include protecting and managing privately owned lands located within the primary habitat zone for the panther. The project will comply with all future required permitting and mitigation requirements for panther habitat impacts. Florida Black Bear During the LSS, no Florida black bears {Ursus americanusfloridanus} or signs or tracks were found on the project site. Although the bears may occasionally roam or cross the project site, there is very limited foraging on the project site and the likelihood of possible future dens is anticipated to be very low. " , VII. RECOMMENDATIONS: Staff recommends approval of Conditional Use - CU-2008 AR- 14078 and Excavation Permit-EXP-2008 AR-14079 with the following conditions: Stormwater: None. Environmental: 1. The applicant shall submit an updated listed species survey prior to issuance of the excavation permit. ( Agenda Item No, 170 November 9, 2010 Page 46 of 373 BAC Meeting Page 9 of! 0 PREPARED BY: )<5%, to IfATWl STAN CHRZANOWS I P.E. ENGINEERING REVI MANAGER r%-tz' ,() ~ (~ 0;, _ CHRIS D'ARCO ENVIRONMENTAL SPECIALIST 5~7';/o DATE ~~D~ KA D ELEM PRINCIPAL PLANNER 5/;'1/;0 DATE EAC Meeting Page lO of 10 REVIEWED-BY: ~. SUSAN / PRINCIPAL ENVIRONMENTAL SPECIALIST Itl~ - V'- LIAM D. 10' NZ, Jr., P.E. DIRECTOR OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING 1t::- (>. WQJ STEVE WILLIAMS ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: ~AIAN4'~ DEPUTY ADMINISTRATOR-PLANNING AND REGT..JLATION GROWTH MANAGEMENT DIVISION Agenda Item No 170. November 9, ~()10 Page 47 of 373 ( 5~/'f~/o DATE 00- I ~- 2.0;0 DATE , , 05"-/'1~/d DATE ~~i~~ ( \, Agenda Item No. 170 November 9.2010 Page 48 of 373 RESOLUTION NO.1 0- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EARTH MINING WITHIN THE RURAL AGRICULTURAL ZONING DISTRICT WITH A MOBILE HOME OVERLAY AND A RURAL STEW A.RDSHIP AREA OVERLAY (A-MHO-RLSAO) PURSUANT TO SUBSECTIONS 2.03.01.A.l.c.I AND 4.08.06.B.4.b. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 6 AND 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a sand mine within a Rural Agricultural Zoning District with a Mobile Home Overlay and Rural Land Stewardship Area Overlay (A-MHO-RLSAO), pursuant to Subsections 2.03.01.A.l.c.1 and 4.08.06.B.4.b. of the Collier County Land Development Code on property hereinafter described, and the Collier County Planning Commission has found that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00.D. 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: Petition Number CU-2008-AR-14078 filed by Robert J. Mulhere, AICP of RWA Consulting, Inc. and John M. Passidomo, Esquire of Cheffy Passidomo, P.A. representing Cemex Construction Materials Florida, LLC, with respect to property hereinafter described in Exhibit "An, be and the same is hereby approved for a Conditional Use for an earth mine within a Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Area Overlay pursuant to Subsections 2.03.01.A.l.c.1 and 4.08.06.B.4.b. of the Collier County Immokalee Sand Mine / CU-2008-AR-14078 REV. 7/15/10 1 of2 Agenda Item No. 170, November 9, 2010 ' Page 49 of 373 Land Development Code in accordance with the Conceptual Site Plan described in Exhibit liB" and subject to the conditions found in Exhibit "C". Exhibits "A", "B", "C", "D" and "E" are attached hereto and incorporated herein by reference. i \, 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 ,2010. ATTEST: DWIGHTE. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ( \, Steven T. Williams ;), Assistant County Attorney ~~;\\V CPI08-CPS-00917\56 Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C - Conditions Exhibit D - Phasing Plan Exhibit E - Littoral Plan ( \ Immokalee Sand Mine / CU-2008-AR-14078 REV. 7/15/10 20f2 Agenda Item No. 170 November 9.2010 Page 50 of 373 , IMMOKALEE SAND MINE CU-2008-14078 Submitted 11/12/09 LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 6 & 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLUER COUNTY, FLORIDA, BEING MORE PARTIClJlARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 6 BEING A 4"X 4' CONCRETE MONUMENT (COLLIER): THENCE N.83"02'S3"E. ALONG THE NORTH LINE OF SAID SECTION 6, FOR 2,282.53 FEET TO THE NORTH QUARTER CORNER BEING A 4'X 4" CONCRETE MONUMENT: THENCE CONTINUING ALONG SAID NOR1H LINE N.83"06'08"E. FOR 1 ,316.49 FEET; THENCE LEAVING SAID NORTH LINE SAO"31 '31 "E. FOR 677.93 FEET; THENCE S.1S"10'04"E. FOR 433.10 FEET; THENCE SA2"4S'26"E. FOR 582.74 FEET; THENCE S.1 0"S1'14"E, FOR 261.69 FEET; THENCE S.35"19'50"E. FOR 153.55 FEET; THENCE S.55"OS'47"E. FOR 269.35 FEET; THENCE S.8B"37'18"E. FOR 21.42 FEET TO A POINT ON THE EAST LINe OF SAID SECTION 6; THENCE S.OO"41'22"E. ALONG SAID EAST LINE FOR 769.85 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 6 BE A 4"X 4' CONCReTE MONUMENT (JOHNSON LB 642); THENCE CONTINUING ALONG THE SAID EAST LINE S.OO"42'22"E. FOR 2,751.90 FEET TO 1HE SOUTHEAST CORNER OF SAID SECTION 6 BEING A 4"X 4" CONCRETE MONUMENT (COLLIER); THENCE S.00"38'44"E. ALONG THE EAST LINE OF SAID SECTION 7, FOR 2.749.95 FEET TO THE EAST QUARTER CORNER BEING A 4"X 4' CONCRETE MONUMENT (COLLIER); THENCE CONTINUING ALONG SAID EAST LINE S.OO"39'44"E. FOR 901.12 FEET TO A POINTlY1NG ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD 82; THENCE N.74"11'03"W, ALONG SAID NORTH RIGHT OF WAY LINE FOR 5,168.13 FEET TO A POINT LYING ON THE WEST LINE OF SAID SECTION 7; THENCE N.OO"06'1B"W. ALONG SAID WEST LINE FOR 2,169.24 FEET TO THE NORTHWEST CORNER OF SAID SECTION 7 BEING A 4"X 4" CONCRETE MONUMENT: THENCE N.OO"11'07'W. ALONG THE WEST UNE OF SAID SECTION 6. FOR 2,528,33 FEET TO A IRON ROD AND CAP (LB 6952); THENCE CONTINUING ALONG SAID WEST LINE N,00"'1'07'W. FOR 2,528.33 FEET; TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN. CONTAINING 898.0 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. BEARINGS ARE BASED ON THE NORTH WESTERLEY LINE OF SAID SECTION 6 AS BEING N,83"02'S3"E.. EXHIBIT A , i a... 0 ~j J 10 ,~ o ~, (f) I ( , "@ \ Z ~~ z' H~ tu m fr 01' w ili i H~ Q2/ 5 [;, ;00 :c ~r~p ,0 Cf) .. ~ II:: 0:, ,0 ~ H ~ , .C\j I il"""... n ,>- ; .<C i~ 1&:2 w Z :j a: _ ...../ f2 ""' ill cJ (j) ..:::::: re a: III ~ 0 ~ ~~ . u.W-.r ill Z W<{ O!::<'J (j) ~~ "coffi~ =: <( ~o in...../ ,C'Jr-. ",it <r0....-.r ~ CJ) ~~- Oa:~a$l! 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I "~ I I ;~- I I I I 11 1 . it ." .11 r- L I i . I I I . 8 I, ,.,......,-~.l ! ,......-..~.. "'_0<1.- . I h_..._..........! I 1(1 - I 'Ill I" 1 ..._n_h-l ~ II .11 ~i i I!' ~I " --.-"---~"-I ~ !I ~~ ,: ~~ '" ~. ~~ i ig ~ 8 t u '~~ ~ ! ~fj~ ~ ~rt ~ V 8~ ~~ I ~~ %U J ~~a~ :ol 1I <( . I . , ~IZi !j.t j'.i Ill! I If ~IM ,,-Q~ ~.~ ~. ....... /',..ll .....u~ illI - I,' ' ... , II! f, 11 :l ! f , . , ! , I i j II Agenda Item No. .170 November 9,2010' Page 57 of 373 CONDITIONS OF APPROVAL Immokalee Sand Mine CU-2008-AR-14078 ( 1. Excavation uses within the Immokalee Sand Mine facility shall be limited to that which is depicted on the six-page site plan set, identified as the "Conceptual Conditional Use Plans for Immokalee Sand Mine" dated May 2008, with revisions on May 14,2009, prepared by RWA, Inc. The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations; and 2. Land Development Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use as well as all applicable development standards; and 3. Expansion of uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application in compliance with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02,03, of the Collier County Land Development Code, Ordinance 04-41, as amended; and 4. Prior to any vehicular use of the site, the owner shall post two (2) signs along .the entry drive, clearly visible to vehicles entering and leaving the site, providing information regarding potential panther presence and notifying drivers of the need to use caution. Sign wording, placement and size will be subject to review and approval by Collier County Environmental staff. The owner shall submit, and receive approval of, the proposed signage plan in conjunction with the Site Development Plan process; and ( \ 5. Upon completion of the mining activities, the littoral zone and plantings described on Sheet 6 of 6 of the Conditional Use Plans, entitled "Turn Lane Details and Cross Sections," shall be constructed; and 6. Development of the site shall be subject to compliance with the project phasing plan, "Immokalee Sand Mine Conceptual Phasing Plan," sheet I of I, prepared by RWA, Inc., dated April 2010; and 7. Hours of operation shall be limited to 6:30 am to 7:00 pm Monday thru Saturday for trucking, and 24 hours Monday through Sunday for excavation and processing; and. 8. Transportation Conditions: a. LDC Section 6.06.02 addresses the construction of sidewalks adjacent to property frontage on county or state roads. Also, applicant (or owner) may be required to ( reserve, dedicate, or convey portions of the property adjoining the SR-82 right-of- . Revised 7/15/10 EXHIBIT C Page lof3 CONomONS OF APPROVAL lmmokalee Sand Mine CU-2008-AR-14078 Agenda Item No, 170 November 9, 2010 Page 58 of 373 way to FDOT in connection with the widening of SR-82, The following stipulations shall apply to address these related issues: (1) The owner(s), his successors in title, or assign agree to reserve thirty-five feet (35') of right-of-way along the Northerly side of SR-82 for approximately 1,190 feet along the property's frontage. The boundaries of this reservation shall coincide with the preferred alignment shown in Florida Department of Transportation's (FDOT) current Project Development and Environmental (PD&E) Study. The owner(s), its successors or assigns, agree to cooperate with FDOT during the design process for SR-82, endeavoring to eliminate the need for the additional 35 feet by allowing conveyance of off-site storm-water tun-off, which may be accomplished via dedication of an easement within this project, at no cost to the County or State, if needed. If the need for additional right-of-way cannot be reasonably eliminated (as determined by FDOT), then the owner(s), its successors or assigns, agree to dedicate up to 35 feet of right-of-way along the North side of SR-82 to the State of Florida The applicant shall provide compensating right-of-way of twelve foot (12') width and up to 235 feet in length, for a westbound right-turn lane at the Project Entrance; and (2) The applicant's responsibility for construction of sidewalks (or providing payment in lieu) LDC Section 6.06.02 is limited to those portions of the property that are directly adjacent the SR 82 right-of-way when the project SDP/SIP is approved or when a certificate of occupancy for the first project building permit is issued, whichever occurs first. In the event portions of the property that are presently adjacent to SR 82 are hereafter reserved, dedicated, or conveyed to Collier County or the State of Florida in connection with the widening of SR-82 (including dedications, conveyances, or reservations for water management) - as described in Paragraph 1.a., above, such reserved, dedicated, or conveyed portions of the property shall not be subject to the sidewalk construction obligation under LDC Section 6.06.02, and shall not be considered part of the SR 82 road right-of-way for purposes of calculating applicant's sidewalk obligations for the remaining portions of the property (Le., the dedicated, conveyed, and reserved portions of the property shall not be deemed as "adjacent" right-of-way with respect to the balance of the property for purposes of calculating applicant's sidewalk obligations). Given that the actual right-of-way reservation and/or dedication needs for the widening of SR-82 are not known at this point, calculation of the payment in lieu option for sidewalks shall be deferred until SIP approval or prior to issuance of a certificate of occupancy for the first building permit, whichever comes first. The applicant shall also have the option of constructing a sidewalk or sidewalks at another location in Collier County as may be agreed to by Collier County Transportation staff, provided the cost of construction of said sidewalk or sidewalks is at least equal to the amount of the Revised 7/15110 Exhibit C Page 2 of3 CONDmONS OF APPROVAL Immokalee Sand Mine CU-2008-AR-14078 Agenda Item No, 170" " November 9, 21iJ10 ' Page 59 of 373 ( payment in lieu option for the Irnmokalee Sand Mine Conditional Use (as adjusted to account for any dedications, conveyances, or reservations of the property in connection with the SR-82 expansion); and b. During the life of the mine, the applicant shall reimburse the County annually the expense actually incurred by the County for maintaining roadway pavement for those segments of State Roads 82 and 29 within a two-mile radius of the project entrance. The purpose of this stipulation is to ensure that the County does not incur out-of-pocket pavement maintenance expenses associated \vith the use of said segments of State Roads 82 and 29 by applicant's haul trucks. Alternatively and in lieu of the foregoing, should the County adopt a maintenance fee that is uniformly applied to previously approved and pending mining projects to compensate for impacts to roadway pavement caused by mine truck traffic, applicant agrees that this project will be subject to such fee. In the event of a dispute regarding the amount of maintenance reimbursement expense claimed by or paid to the County, the parties shall first use the County's then-current Alternative Dispute Resolution Procedure before filing any action in any court. , \ , \ Revised 7/15/10 Exhibit C Page 3 of3 Agenda Item No, 17D November 9,2010 Page 60 of 373 . " .. ." " .;; . . <; ~ o E S _.--~--~ __---- ..--" r 1- i...J I, -I :.r'.'-l\\\ -' --- ~ _...! I r I r-.r r J, I' f" r _ \ r r'- r' .J -' ,.... (" j , .'....' J ,J " j " I .sJ -' J -' J,.., J J.J rJ J ~. \ J r ...... r I, r f .'.- r".....r I'. ~ If:" '...JrJ"" r.Jf..!'" YEAR 15 J'J" .~. -'I .. I :~'j~~;'~ ~J~J<:rJ~'J'J':-~; :..~ :~-)~, ~JJ~-:" ,.J~ ,:';', J ;"'~ I ,-' I ,- r " ~ rJ, r . ,"', :"J:'~ " ).. " . ;'.. _r, ' ,.-' .. ," I , .. ,. j" .F:..-r.t"~ ,.."''1< ,....~'::.' - , 1~ I ,- I'" ." ;;:"/ .!, I) ., r'" ." 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" .'f- R.W.A., INC, CATE: APRil. 2010 SCALE: )"=1200' DRAWN BY: M,S,J. 6610 WIllow Park OrlYe, Sulle 200 Naples, Flolida 34109 Pnone: {239j 597-0575 FAX: (239) 597-(1578 CKECKtoBY: J.J.S. SEe: TWP; RGE; STATE OF FLORIDA BUSINESS LICENSE NO. E8-0007663 CLIENT: CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC. TITLE: IMMOKALEE SAND MINE CONCEPTUAL PHASING PLAN PROJECT 080095 00 02 SHEET 1 1 FILE 0800950002X02 NUMBER. .. NUMBER: OF NUMBER: D'lT^rnc'~on CONSUL TING Civil Engineering .-'\.. ....., , .L .A. Sutveying & Mapping Exhibit 0 w Z o N ~ '* r;jf I~ :Z.::(1:. ~ (,~~"- :(" "- :(~ WI: ~ "0> ~ ~~ ,2;>~. ,?(~ ?' -' & g :J z o ~~ >t.: ~~ Wx '" "'z zO Q" 1;;(:; . ",toZ OZO -l~~ "''''~ ~Cl....J <0>-'" W LJ...~O I- 0>5 o ~;j~ Z f--::;c;. 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Ul Ul ::> o W o [ij <r w I It') o X '" 0, ~ 0'> '" o 0:) '" ffi m w:> ,p wZ (f) ..,j ~ -10 .<( U 0:::0 -10 Z-1~Z O t:~ -<(...,jZ 00w:5~ :::>O:::Zo... 0:::0- ~-120O(J~ u)LL Z 0 OLL ZZ uO <(0 U)~ XU) U w-1 WW 2O<(~U) WO:::<((f)g UW::':::(f) 0 ~OOO 20 20 0::: Lf) 20um o WO ZOO 00 w N -' ~ >= w o 0' ~w wm w:> "" VOZ l'I") ~ t.O Z t.O W r--:] gu o 0 I CD 0 W N 1--".1 8[3\ ,m 0:> ~" ~z " ~ en ;.: w o Z..2 z ~=' 5 O~ . .;;.0.::: " ,;.:(J} a) -j! ~~ ~ w .. ~ ~ (.) o 5 ~ w UJ Z W u ::J UJ UJ W Z Vi :::J CD C5 <Y. o -' w.. w.. o W f- <{ ~ UJ u ~ ~I 8B~ 'JIJ.~ o;~~j o ~ 0" ~~~ f-<.. ~~.. '" Z~ ~8-4 o ~ '~g~~ ~~~~ g~~m 1j~~i 'i=i~ ~g.2~ "z~ o 18 <( :i a-: Agenda Item No, 170 November 9, 2010 Page 62 of 373 Agenda Item VI.B ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF June 2nd, 2010 I. NAME OF PETITIONERlPROJECT: Petition No: Conditional Use - CU-2008 AR- 14078 Excavation Permit-EXP-2008 AR-14079 Petition Name: Immokalee Sand Mine Applicant/Developer: Cemex Inc. Engineering Consultant: R W A, Inc. Environmental Consultant: Turrell,HaIl & Associates, Inc. II. LOCATION: The 898:1:-acre subject property is located on the north side of SR 82, approximately 1.2 miles west of the intersection with SR 29, in Sections 6 and 7, Township 46 South, Range 29 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES: ZONING DESCRIPTION N- A-2 (Hendry County) Agricultural uses-citrus crops S- A-MHO State Route 82 (Immoka1ee Road), then agricultural uses E- A-MHO Agricultural uses w- A-MHO Agricultural uses EAC Meeting Agenda Item No, 170 November 9. 2010 Page 63 of 373 Page 2 of 10 IV. PROJECT DESCRIPTION The applicant, Cemex Construction Materials Florida, LLC, represented by Robert J. Mulhere, AICP of RWA, Inc. and George Varnadoe, Esquire of Cheffy Passidomo, P A., is requesting a Conditional Use to allow extraction or earthmining and related processing and production not incidental to the agricultural development of the property in the Agricultural (A) Zoning District, as specified in Section 2,03.01.A.l.c.1 of the Collier County Land Development Code (LDC) for a project to be known as the Immokalee Sand Mine. According to the applicant's narrative statement, the current use of the property is agriculture, specifically citrus groves and row crops, The proposed use is a sand quarry with ancillary facilities. Crop fields and agricultural activities will be gradually phased out as the subject property is mined. Reclamation of the mine will be conducted in accordance with Chapter 62C-39 of the Florida Administrative Code. The maximum extent of proposed excavation will be approximately 589 acres according to the application, with the life of the mine estimated to be 35 years. Phasing of excavation is shown on the conditional use site plan submitted with the application, and includes ten phases. V. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element (FLUE): The subject property is designated AgriculturallRural (Agricultural/Rural Mixed Use District) and is within the Rural Lands Stewardship Area (RLSA) Overlay, all as identified on the Futme Land Use Map (FLUM) of the Growth Management Plan (GMP). RLSA Policy 1.5, below, provides for Baseline Standards, and RLSA Policy 1.4 provides that property for which the owner chooses not to participate in the Stewardship Program will remain eligible for those Baseline Standards uses. RLSA Policy i.5: As referred to in these Overlay policies, Baseline Standards are the permitted uses, density, intensity and other land development regulations assigned to land in the RLSA by the GMP, Collier County Land Development Regulations and Collier County Zoning Regulations in effect prior to the adoption of interim Amendments and Interim Development Provisions referenced in Final Order AC-99-002, The Baseline Standards ,vi!l remain in effect for all land not subject to the transfer or receipt of Stewardship Credits, except as provided for in Group 5 Policies. No part of the Stewardship Credit System shall be imposed upon a property owner without that owners consent. EAC Meeting Agenda Item No. 170 November 9.2010 Page 64 of 373 Page 3 of 10 The applicant has not elected to participate in the Stewardship Program for the subject property, thus the property is subject to the Baseline Standards. The AgriculturallRural designation allows for earth mining activities. The Collier County Land Development Code lists earth mining as a permitted Conditional Use in the "A" zoning district. Even though the applicant has elected not to participate in the Stewardship Program, he is still responsible for addressing RLSA Policy 5.5 and 5.6. Comprehensive Planning Staff defers to Envirorunental Review Staff to review for consistency with those policies. Other Goals, Objectives and Policies of the GMP FLUE that are relevant to this petition are address below, with the criteria shown in italicized print followed by staffs responses in bold font. Objective 7: In an effort to support the Dover, Kohl & Partners publication, Toward Better Places: The Communitv Character Plan for Collier Countv. Florida. promote smart growth policies, and adhere to the existing development character of Collier County, the following policies shall be implemented for new development and redevelopment projects. where applicable. Policy 7,1: The County shall encourage developers and property owners to connect their properties to fronting collector and arterial roads, except where no such connection can be made without violating intersection spacing requirements of the Land Development Code. The project's access is to State Route 82, an arterial road, thus the project is consistent with this objective and policy. Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce vehicle congestion on nearby collector and arterial roads and minimize the need for traffic signals, The Conceptual Site Plan indicates access to all buildings will be via a single internal service road. Due to the nature of the proposed use, a loop road is unnecessary. Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. EAC Meeting Agenda Item No, 170 November 9,2010 Page 65 of 373 Page 4 of 10 Given that the proposed use is an earth mining operation, staff does not believe it appropriate to provide interconnections to adjacent lands for public safety. Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types, Most of this policy is not applicable to this type of non-residential project. Open space must be provided as required by the Land Development Code (LDC). Since the applicant has not requested any variances from LDC requirements in conjunction with the subject conditional use, sidewalks will need to be provided be in. accordance with LDC requirements or other modifications from the LDC would need to be sought. Based upon the above analysis, Comprehensive Planning staff concludes that the proposed Conditional Use for earth mining in the AgriculturallRural designation and RLSA Overlay may be deemed consistent with the Future Land Use Element. Conservation & Coastal Management Element: This project is consistent with policy 1.3.2 since the project development will occur in areas designated as "open lands" and will not impact any areas identified as Flowway Stewardship Areas, Habitat Stewardship Areas, or Water Retention Areas. This project is consistent with policy 5.1.3 regarding reclamation requirements as required by the Florida Department of Environmental Protection (FDEP). The FDEP requires a reclamation plan to be submitted for their review and approval prior to the initiation of mining activities, FDEP will review the proposed reclamation plan concurrently with their review of the project's Environmetal Resource Permit (ERP) application. Mine reclamation will be done in accordance with specific requirements FDEP places on the reclamation plan. The excavation permit will not be issued by the County until all required agency permit are obtained and provided for staff review. This project is consistent "'~th policy 6, I. I regarding the selection of preserves. The preserve area will consist of native and enhanced/restored on-site wetland areas. As required by Policy 6. 1.1, the preserve area will be placed under a permanent conservation easement dedicated to Collier County. EAC Meeting Agenda Item No, 170 November 9.2010 Page 66 of 373 Page 5 of 10 As required by Policy 6.1.4, prohibited exotic vegetation will be removed from the site and maintained in perpetuity. The Environmental Impact Statement (EIS) required by Policy 6.1.8 has been prepared and is supplied as part of the review packet for this submittal. As required by Policy 6.2.1 and 6.2.2, the wetlands shall be verified by the Florida Department of Environmental Protection and the U.S. Army Corps of Engineers (USACE) during the ERP permitting process. As required by Policy 6.2.4, the project will provide mitigation for impacts to wetlands as required by the FDEP and USACE. As required by Policy 7.1.3 and 7.1.4, a listed species survey was conducted in accordance with Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS) guidelines on the property and is contained in the EIS (Section G). Development of the proposed project will require an ERP from FDEP and a Section 404 permit from the USACE. Coordination with FFWCC concerning state listed species will occur during the ERP process while coordination with the USFWS concerning federal listed species will occur during the USACE permitting process. As required by Policy 11.1.2, correspondence was sent to the Florida Department of State Division of Historical Resources (DHR) regarding possible archaeological or historical sites within the project area The DHR stated that the no significant archaeological or historical resources are recorded within the project area (EIS Appendix C, Attachment 3), VI. MAJOR ISSUES: Stormwater The Collier County Drainage Atlas shows this property as being at the south end of Cow Slough which flows into Hendry County. The conceptual water management plan for the site shows the eventual discharge point as being toward the east. If there is any discharge from this site, it will be limited to 0.15 cfsl acre. Sand mines are usually done by hydraulic dredging. The on-site water is used for the dredging operation. As the excavation progresses, removal of the fill forms a retention area which fills with ground water in the drier season and rainwater in the wet season. In either case, the runoff from the site is decreased from the pre-excavation condition. If the sand medium, in which the excavation is done, is porous enough, the increased head after a rainfall event EAC Meeting Agenda Item No, 170 November 9,2010 Page 67 of 373 Page 6 of 10 forces the water through the pit walls and back into the aquifer and the excavation may never discharge. With a hydraulic dredge, the depth of excavation is limited by the character of the material. The plan calls for excavation down to the confining layer, which varies. Environmental: Site DescriDtion: The property site contains 897.90 acres of which 13.3 acres remains as native vegetation on site according to the definition in the GMP and LDC. On site native vegetation communities include Willow (5.6 oJ:acres) and wet prairie (7.7 oJ: acres). The rest of the property consists mostly of pasture lands, disturbed lands, row crops, and citrus groves as shown on the FLUCCS map in the EIS (Exhibit 2). The property was cleared some time prior to 1975. Wetlands: The project site contains five isolated wetlands that comprise approximately 15.6 acres of jurisdictional wetlands. These five wetlands are identified as W- I through W-5 as shown on the FLUCCS map in the EIS (Exhibit 2). Wetland W-I is 7.7 acres located in the southwest comer of the mine property. It is primarily a wet prairie composed of a mix of ruderal and grassy vegetation. Wetland W-2 is 1.2 acres located in the south/central portion of the property and is dominated by Brazillian pepper and primrose willow. Wetland W-3 is 5.6 acres located in the east central portion of the property. This man- made wetland due to the surrounding berms is dominated by Brazilian pepper. Wetlands W-4 and W-5 is 1.1 acres located in the northeastern portion of the property. These two wetlands, which may be described as dug out watering holes for cattle, are also man-made. Hydrological manipulations occur on this site whereas, the water table and water levels are controlled, managed, and altered as needed through the use of wells in conjunction with throw out pumps at various locations. The proposed control elevation for the project lake (35.5 feet NA VD 88) will be such that the on-site water management system will not adversely impact natural hydro periods in preserved and off-site wetlands. This elevation was considered to mimic the area's seasonal high water table (SHWT) in a manner similar to current conditions, to reflect SHWT elevations allowed to occur in the mine property's row crop fields (based on various on-site indicators in addition to the wetland estimates), and to be sufficiently high that it would not result in any lowering of the average high water levels that naturally occur in the preserved on-site and nearby off-site wetlands. Final design and the control elevation may be adjusted if required by the South Florida Water Management EAC Meeting Agenda Item No, 170 November 9. 2010 Page 68 of 373 Page 7 of 10 District (SFWMD) during the Environmental Resource Permitting (ERP) process. Mine reclamation as required by FDEP may include either sod or native littoral plantings for bank stabilization. Development of the proposed project will completely impact two of the existing wetlands on site (W-2 and W-4 totaling approximately 1.2 acres) and partially impact W-5 (approximately 0.2 acres of impacts) (EIS Exhibit 7). The Uniform Mitigation Assessment Method (UMAM) scores for the five on- site wetlands range from 0.27 to 0.43. The proposed mitigation program includes preservation of 5,6 acres of existing wetlands within the project boundary and restoringlcreating an additional 14 to 15 acres of wetlands in the mitigation area that presently does not exist. Additionally, another 8.6 acres will be retained on the property, 0.9 acres within the proposed wildlife corridor and the 7.7 acres contained within W -1. Proposed mitigation for the wetland impacts also includes the enhancement of uplands within the mine property. The wetland mitigation areas total approximately 20.5 acres (ElS Exhibit 9). Preservation Reauirements: The property site contains 897.90 acres of which 13.3 acres remains as native vegetation on site. The native vegetation preservation requirement for this project in the Rural Lands Stewardship Area (RLSA) utilizing baseline standards is 40% since listed species' were observed on site. The project shall preserve 5.6 acres or 42% of the native vegetation on site. W-l in the southwest comer of the property which contains the 7.7 acres of wet prairie will be retained but is not included in the proposed on-site preserve since possible future expansion of State Road 82 may result in impacts to those wetlands. Listed Species: During July, August, and September 2008, listed species survey (LSS) was conducted on the project site (ElS Appendix B). The listed animal species observed on the project site included the American Alligator, alligator snapping turtle, tricolored heron, sandhill crane, and crested caracara. Other than some alligators and a snapping turtle, none of the other observed listed species reside or nest on the project site. No listed plant species were found on site. Minimization of impacts to wading birds includes minimal impacts to existing wetlands, restoration, creation, and enhancement of wetlands on-site, and taking appropriate protective measures during project construction and operations. EAC Meeting Agenda Item No. 170 November 9,2010 Page 69 of 373 Page 8 of 10 Florida Panther The project area is within a secondary panther zone as discussed in Appendix B and illustrated in Exhibit 13 in the EIS. Although no Florida panthers (Felis conca/or cory) have been documented on the project site and there is limited panther habitat value, the mine will impact these zones, It is anticipated that mitigation will be required by the United States Fish and Wildlife Service (USFWS) for the proposed impacts during future Section 7 consultation process. A Section 404 permit will be required by the United States Army Corps of Engineers (USACE) to conduct mitigation activities in the project's on-site mitigation areas. Probable mitigation requirements may include protecting and managing privately owned lands located within the primary habitat zone for Ihe panther. The project will comply with all future required permitting and mitigation requirements for panther habitat impacts. Florida Black Bear During the LSS, no Florida black bears (Ursus americanus jloridanus) or signs or tracks were found on the project site. Although the bears may occasionally roam or cross the project site, there is very limited foraging on the project site and the likelihood of possible future dens is anticipated to be very low, VII. RECOMMENDATIONS: Staff recommends approval of Conditional Use - CU-2008 AR- 14078 and Excavation Permit-EXP-2008 AR-14079 with the following conditions: Stormwater: None. Environmental: I. The applicant shall submit an updated listed specIes survey prior to issuance of the excavation permit. EAC Meeting Agenda Item No. 170 November 9,2010 Page 70 of 373 Page 9 of 10 PREPARED BY: }< .>-X, /'0 tATIfl STAN CHRZANOWS I P.E. ENGINEERING REVI MANAGER ~~' CHRIS D'ARCO ENVIRONMENTAL SPECIALIST ;J /// ( . C-e-77_ 5//'/ /;0 DATE ~ .l}Mo~ KA D ELEM PRINCIPAL PLANNER 5/d;o DATE EAC Meeting Page 10 aflO REVIEWED BY: -" ~~~ SUSAN MA N PRINCIP AL ENVIRONMENTAL SPECIALIST 9/!.. ~~ Oi;, LLIAM D. LO NZ, Jr., P.E. DIRECTOR OF ENGINEERING, ENVIRONMENTAL, COMPREHENSIVE PLANNING AND ZONING At=.- 7. W'QJ STEVE WILLIAMS ASSISTANT C01JNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY APPROVED BY: N~LA~~~ DEPUTY ADMINISTRATOR-PLANNING AND REGULATION GROWTH MANAGEMENT DIVISION Agenda Item No. 170 November 9,2010 Page 71 of 373 5-1'-/-/0 DATE o 5"- d.~ ?.DIO DATE O-S--Itf-Id DATE ~~i~~ DaM I'-~I'- ~OM N_ o ~o ZO". ~~ , - > "'!::"" := co ctIg!o.. "'0 aiz "" <{ Z o w- >-'< 0;0 o ~ ~~ .. .~ ~~ .. .~ a. <( 2 C> z z o N _ N ~ "' "- ~ ~~ 0 z 60 ;! ~ .. 0 x. <~ u .. " a: ~ ~ <0 ~ W << 0 =: z w 0 "' I U 0 0 N 3l'o':ISalUlN / ~ ::l - U " Z 0 >- " >- ~ W I-Z "- 00 w- ~ ,'< ~ 00 ICO . "-~ a. <( . 2 . " " Z 0 0 - 1 I- <( 0 0 -l " " 1<;;6 .~.:> Z 8 8 . ~ ~ " , 0>00 .' "," ^. " ~~ 5~ - ~- ~~ .. " .~ o . . i! COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET .Ci) Agenda Item No, 170 November 9, 2010 Page 73 of 373 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239)252-2400 FAX (239) 643-6968 _"_...".._"__-.-___-..,-----r-....,,-~-~....,...-~ ... APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER CU~2008-AR-14078 REV: 4 !MMOKALEE SAND MINE Project: 20060100B7 Date: 3/23/10 DUE: 4/20/10 ABOVE TO BE COMPLETED BY STAFF APPLICANT INFORMATION NAME OF APPLlCANT(S) CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC ADDRESS 100 LEM CARNES ROAD CITY DAVENPORT STATE FL ZIP 33837 TELEPHONE # (863) 422-1171 CELL # FAX # (863) 422-8610 E-MAIL MMOUNCEY@CEMEXUSA.COM - MATT MOUNCEY NAME OF AGENT ROBERT J. MULHERE, AICP FIRM RWA, INC ADDRESS 6610 WILLOW PARK DRIVE, SUITE 200 CITY NAPLES STATE FL ZIP 34109 TELEPHONE # (239) 597-0575 CELL # FAX # (239) 597-0578 E-MAIL ADDRESSRJMULHERE@CONSULT-RWA.COM NAME OF CO-AGENT: GEORGE VARNADOE FIRM: CHEFFY, PASSIDOMO, WILSON & JOHNSON, LLC ADDRESS: 821 FIFTH AVENUE SOUTH CITY: NAPLES STATE FL ZIP 34102 "'-MAIL ADDRESS: GLVARNADOE@NAPLESLAWCOM Agenda Item No. 170 November 9, 2010 """ye ,,, 01 ~( BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. , ASSOCIATIONS Complete the following for all registered Association(s) that could be affected by this petition. Provide additional sheets if necessary. Information can be found on the Board of County Commissioner's website at http:t1www.collierQov.netllndex.aspx?paQe=774 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY STATE ZIP DISCLOSURE OF INTEREST INFORMATION a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership N/A Agenda Item No. 170 November 9,2010 Page 75 of 373 b. If the property is owned by a CORPORATION, list the officers and stockholders .and the- percentage of stock owned by each. Name and Address Percentage of Ownership c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership N/A d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership Please See Exhibit A Agenda Item No, 170 November 9,2010 Page 76 of 373 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership N/A Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address N/A g. Date subject property acquired IZI February 2, 2004 leased 0 Term of lease yrs./mos. If, Petitioner has option to buy, indicate the following: Date of option: Date option terminates: Anticipated closing date: , or Agenda Item No. 170 November 9,2010 Page 77 of 373 h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to. the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. PROPERTY LOCATION Detailed leQal description of the property covered bv the aoolication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre- application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. SectionlTownshiplRange 6 & 7rT46S/R29E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: 00063480007 and 00063360004 Metes & Bounds Description: See legal description, attached to this application SIZE OF PROPERTY: 5,168 ft. X 5,057 ft. = Total Sq. Ft. 39,116,932 SF Acres 898+/- ADDRESS/GENERAL LOCATION OF SUBJECT PROPERTY: Located north of SR 82 in rural Collier County, approximately 1.2 miles west of the intersection of SR 82 and SR 29. ADJACENT ZONING AND LAND USE Zoning land use N A-2 (Hendry Co) S A- MHO E A-MHO W A- MHO Vacant/Agriculture Vacant/Agriculture Vacant/Agriculture Vacant/Agriculture Agenda Item No, 170 November 9.2010 Page 78 of 373 Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). SectionlTownshiplRange 05/46S/29E Lot: Block: Subdivision: Plat Book Page #: Property 1.0.#: 00063320002 Metes & Bounds Description: All of Section 5, Township 46 Soutb, Range 29 East, excluding highway CONDITIONAL USE REQUEST DETAIL Tvpe of Conditional Use: This application is requesting a conditional use allowed per LDC Section 2.04.03 of the Aariculture zoning district for earthminina (type of use). Present Use of the Property: Active agriculture. Small areas (approximately 13.3 acres total) of native vegetation and wetlands also exist on site. EVALUATION CRITERIA J Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 10,08.00. of the Collier County Land Development Code, staffs recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): See attached narrative, Exhibit B. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: See attached narrative, Exhibit B. Agenda Item No. 170 November 9,2010 Page 79 of 373 c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: S~e attached narrative, E~hib.!.B~__ d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: See attached narrative, Exhibit B. e. Please provide any additional information which you may feel is relevant to this request. See attached narrative, Exhibit B. Deed Restrictions: The County is legally precluded from enforcing deed restrictions-, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? NIA Official Interpretations or Zonin!:! Verifications: To your knowledge, has there been an official interpretation or zoning verification rendered on this property within the last year? o Yes ~ No If so, please provide copies, Additional Submittal reauirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting, a. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8Y," x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing andlor proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], Agenda Item No, 170 November 9,2010 . locations of solid waste (refuse) containers and service function are~~?e 80 of 373 . required yar~s'd()p_en spa~~_!ind pr~se_rye areas, . proposed locations for utilities (as well as location of existing utility services to the site), . proposed and/or existing landscaping and buffering as may be required by the County, . location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological surveyor waiver application if properly is located within an area of historical or archaeological probability (as identified at pre-application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBLIC HEARING SIGN (S) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE ALL PUBLIC HEARING ADVERTISING SIGN{S) IMMEDIATELY. RECORDING OF DEVELOPER COMMITMENTS Within 30 days of adoption of the Ordinance, the owner or developer (specify name) at its expense shall record in the Public Records of Collier County 0 Memorandum of Understanding of Developer Commitments or Notice of Developer Commitments that contains the legal description of the property that is the subiect of the land use petition and contains each and every commitment of the owner or developer specified in the Ordinance. The Memorandum or Notice shall be in form acceptable to the County and shall comply with the recording requirements of Chapter 695, FS. A recorded copy of the Agenda Item No. 170 November 9, 2010 Memorandum or Notice shall be provided to the assigned Principal Planner, Collier c6J'M~ SZo'hl~J3 Department, within 15 days of recording of said Memorandum or Notice. (i) Agenda Item No. 170 November 9,2010 Page 82 of 373 STATEMENT OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUE;ST" APPLICANT INFORMATION NAME OF APPLlCANT(S) CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC. ADDRESS 100 LEM CARNES ROAD CITY DAVENPORT STATE FL ZIP 33624 TELEPHONE # (863) 422-1171 CELL # FAX # (863) 422-8610 E-MAIL ADDRESS:MMOUNCEY@CEMEXUSA.COM - MATT MOUNCEY ADDRESS OF SUBJECT PROPERTY (I,F AVAILABLE): LEGAL DESCRIPTION SectionlTownship/Range 6 & 71T46S/R29E Lot: Block: Subdivision: Plat Book Page #: Property 1.0.#: 00063480007 and 00063360004 Metes & Bounds Description: Please see legal descsription attached to this application. I TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGE TREATMENT PLANT 0 (GPO capacity) e. SEPTIC SYSTEM [gJ TYPE OF WATER SERVICE TO BE PROVIDED a. COUNTY UTILITY SYSTEM 0 b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PRIVATE SYSTEM (WELL) [gJ TOTAL POPULATION TO BE SERVED: 25 Employees PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 750 gpd AVERAGE DAILY 500 gpd B. SEWER-PEAK 650 gpd AVERAGE DAILY 500 gpd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM. PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED Agenda Item No, 170 November 9,2010 Page 83 of 373 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment precess to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County, If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or othelWise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Agenda Item No, 170 November 9, 2010 Page 84 of 373 CONDITIONAL USE (CU) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: Cover letter brieflv exolainina the oroiect 20 Rl 0 Application (completed & signed) (download from website for 20 ~ 0 current forml . Additional set if located in the Bayshore/Gateway Triangle 0 [gJ RedeveloDment Areal 1 Addressing Checklist signed by Addressing 1 [gj 0 Pre-Application meeting notes 20 15<1 0 Conceptual Site Plan 24" X 36" plus (one 8 Y, X 11 cooy) 20 ~ 0 Copies of Warranty Deed(s) 2 ~ 0 Completed Owner/Agent Affidavits, Notarized 1 [gj 0 Environmental Impact Statement (EIS), and digital/electronic [gj 0 copy of EIS or exemption justification 3 Aerial photographs (taken within the previous 12 months min. 5 scaled 1"=200'), showing FLUCCS Codes, Legend, and project ~ 0 boundarv Statement of utility provisions (with all required attachments & 1 [gj 0 sketches) Traffic Impact Statement (TIS), Dr waiver 7 [gj 0 Historical and Archeological Survey, or waiver 4 [gj 0 Copies of State andlor Federal Permits [SJ 0 Architectural Rendering of Proposed Structure(sf 4 0 [gJ Electronic copy of all documents and plans (CD ROM or 1 [SJ 0 Diskette) Boundary Survey 2 [SJ 0 Affordable Housing or Economic Development Council Proiects: o EDC "Fast Track" must sub,mit approved copy of official 2 application 0 [gJ o Affordable Housing "Expedited" must submit copy of signed Certificate of Aareement. OS/2. 008 23: 29 239-597-0578 05/20/2008 0a:~4 239-597-e578 RWA I NC RWA INC Agenda Item No, 170 Novell'lliGB' 9,roD1 0 ~~e ~2fd3373 COLLIER COUNTY GOVEFtNMENT ~.,"."~ ADCRe~SI!'t'.ll_QI:PARTh1~NT ."'.... ." ' -II' '" . , .. ; f ,~' ~' ~.:.. I ~OONORTHHOR$ESHOED~e NAPLES. FLORIDA 341 04 . __~ ___ _ . - - ~_ __ _ --r __~ _ -_---,-~ . - -~-- -- -::::~~ - - ~_~ -, , ' __ . _ _ . _ ___ . _ _ A _ _ -, PleBse complete the rollowing end fax to the Addl'O$!llng Department III 239-252.6'124 or submit in p8l'!lOl1 to the Addressing t>ePBrtment at the above address. Form must be slgnlld by AddN!$Sirtg personnel prior to pre-appllcallon meeting. Not all ftemll will apply 10 _ry project. I\$ms in bold typo lire requinld. Forme olckar lhan 6 f1'lOtllha will require addillcnal review and Approval by the Addressing Departmenl .. PETmON TYPE (check pslfflon type below, complete a aepll/'llw Addrf#l$lng Ch8oId/sl for lliIah PetllJon Type) o BL (Blasting Permit) D BO (Boat Dock Exmnsion) D CarniVallClrcuB PeITlllt 18I CU (CQndilionel Use) o EXP (Excavation Permit) D FP (FinlI1 Plat D UA (Lot Una AdjUSlmel'1t) o PIIlO (Prcjoct Name Chanse) o ?PL (l'lan8 & Pial Review) B PSP (PrelIminary SubdMsiCln Plat) PUD ite%Ol'l!! o RZ (standllltl Rez.-one) 8 SOP (Site Oevelopmlll'lt Plan) 50PA (SOP Amenmnent) 50PI Qnsubslllntial Change to SDP) B SIP {SltB Il1)plUYemE!f1t Plen) SIPI (IntUba18ntlal Char19S \0 SIP) D SNR (street Name Change) o SNC (street Name Chang. - Unplatted) o TOR (Transfer 01 Development Rights) o VA (Varia1lCle) o VRP (Vegetation Removal Permit) o VRSFP (Vegetetlon Removal & SltB Fill Permit) o OTHER . LEGAL DESCRIPTION of !lIlhject properly or properties (COPy of IMgthy desCription may be fltlffched) ALL OF SECTIONS 6 & 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST POl.to {Property Ill) HUMIilER(s) of above {Mtach to, or assor::iate with, /sgal description If more fhan one} SECTION 6: 00063360004, SECTION 7: 00063480007 STREET ADDRESS 01' APORESSES (as appflC8ble, if aJreMy assigned) SECTION 6: NO SITE ADDRESS, SECTION 7: 3535 SR 82 . LOCATION MAP must be B\teched showing elCact localion of project/aile in relation to nearest PUbl'lC roea right-of-way . SURVEY (oopy - needed only for unplatted properties) PROPOSED PROJECT NAMIO (if applloeble) IMMOKALEE SAND MINE NORTH _ '?rtJ?f~-l. rJ-...e... o..lo-l ~I>l'b\le..d 0..4 -+~ ~.f..,.. PROPOSED STREET NAMES (if appl~ble) NIA SITE DEVELOPMENT PLAN NUMBER (fOf exlBting proj&~ only) SOP orAR# CU_2008-AR-14078 REV: 1 IMMOKALEE SAND MINE Project: 2006010087 DUE' 1/26109 Date: 12/23108 . Page1of2 06/2 ~00e 23:29 86/26/2008 03:44 239-597-0578 239-597-8578 RWA INC RWA INC Agenda Item No. 170 NoveFlJlaEr 9.W1 0 p~ooe ~~!Hs'73 AODR5SS1NG CHIi!CKl.IST . PAGe 'TWO ProJeol or development names proposed for, or already appearing tn. condCll'ninium documanlG (If epprlOaUon; Indicate wllether ptOp08Qd or exlBllng) N1A Pleeta Chack One; l8'I Checklist is to be Faxed back o PMlOT1sl1y Picked Up APPLICANT NAME: SHANNON ORLANDINI PHONe 239.597.0575 FAX 239-597.0578 Signature on Addressing Checklist does not constilute Projed. and/or Street Name approval and is subject to further review by the Addressing Department - FOll STAFF, USE ONLY Primary. Numbe~ 3-<:6.3 AddtoM Numbol' ~ W Addre!l.l Numb"", .Address Mumh&l" APpruvedt1y;k.:oJ Updated by: /YLtii. a.. i'Y1 ,Datil: 0 Go - G:..3 - o~ Dats= IF OLDER THAN 6 MONTHS. FORM MUST BE UPDATED OR NEW FORM SUBMITTED ?age2of2 D\XZ^~<' Pil\lluil1): \'hU;~~'~I\~1 1 f J" ';1 I 11,(, r-J);~h"'~;"r ..&.. '- , T.J... JL.. ~~\.flr ~"",,,,"...-'-""""'~_-=""'__,_''''''='''_<a;.<.-==-<=='__, "'-',;. Immokalee Sand Mine Conditional Use Application Exhibit A Disclosure of Interest Agenda Item No, 170 November 9. 2010 Page 87 of 373 d. If the property is in the name of a GENERAL or UMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Beneficial owners of SR 82 Groves, LLP Barron Collier CorDoration.lnc Juliet C. Sproul Testamentary Trust Barron Collier III Lamar Gable Frances G. Villere Phyllis G. Alden Donna G. Keller Barron Collier PartnershiDs, LLLP Juliet C. Sproul Testamentary Trust Barron Collier III Lamar Gable Frances G. Villere Phyllis G. Alden Oonna G. Keller Percentaae of Ownership 0.1000% 25.0000% 25.0000% 12.5000% 12.5000% 12.5000% 12.5000% 99.9000% General Pa rtner .250000% .250000% .125000% .125000% .125000% .125000% Limited Partner 24.75000% 24.75000% 12.37500% 12.37500% 12.37500% 12.37500% CU_2DOB_AR.14078 REV: 4 IMMOKAlEE SAND MINE Project: 2006010087 Date:3!23/10 DUE:4j2D!lO \\Dfs.ftmyers\07-08\2008\OB009S,OO.OO Immokalee Sand Mine\0005 Conditional Use App Prep\Submitlal\Exhibit A.doc 1 Agenda Item No, 170 November 9,2010 CU.2008-AR-14078 R~~e 88 of 373 IMMOKALEE SAND MINE Project: 2006010087 Oat.: 3/23/10 DUE: 4/20/10 AFFIDA VIr I Bradlev A. Boaz. as authorized aeell! of Barron Collier Partnership, LLLP. beingfirst duly sworn, deposes and says that Barron Collier Partnership, LLLP is the property owner of the property described herein and which is the subject mailer 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 allached to and made a part of this application, are honest and true to the best of our knowledge and belief I understand that the information requested on this application must be complete and accurate and thaI 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 authorized agent of Barron Collier Partnership, LLLP.. I further authorize Cemex Construction Materials Florida, LLC, to act as Applicant for this Conditional Use petition, and authorize Robert 1. Mulhere of RWA, Inc., and George L. Varnadoe and John M Passidomo of Cheffy Passidomo. P.A. to act as my representatives in any matters regarding this Petition. Barron Collier Partnership, LLLP IIv#te-", '-e"J 4y".....,- Title E,..",,)/ey A. 6042- Typed or Printed Name A uthorized Agent J The foregoing instrument 1f~ acknowledged before me this~ day of March , 2010, by Brad A. Boaz as authorized afJent of Barron Collier Partnership. LLLP, who is personally known to me or has produced as identification. (J~-J a A1.~ State of Florida County of Collier (Signature of Notary Public - State of Florida) CAROLYN A, SHAW (Print, Type, or Stamp Commissioned Name of Notary Public) ,.,:;:~ CAROlYN ,~... '" A SHAW 1'(~:'1 MY COMMISSION' DD 678612 ~il"" ,/ EXPIRES: SGplember 25. 2011 .FIt,,,. Bondta'ThruNolalyPUbi::Ul1OIIl'Wlilart Agenda Item No. 170 November 9,2010 Page 89 of 373 Retn: COLLIER INSURANCE AGE~CY 2600 GoLDEN GkT! PIVY RkPm It 34105 4249502 OR: 4419 PG: 1393 RECORDED in the OFFICIAL RECORDS of COLLIER COU~TY, FL 01112/2009 at Oa:~2AK DVIGRT E. BROCI, CLIRl 16 3.0 0 15.00 REC FBI INDiIlNG ACTION BY UNANIMOUS CONSENT AND DESIGNATION OF AUTHORITY' OF BARRON COLLIER PARTNERSHIP, LLLP a Florida limited liability limited partnership (the "Partnership") Effective as-of November :<6'.2008 The undersigned, presently being all of the general and limited partners (collectively, the "Partners") of the Partnership who would be entitled to vote upon the actions hereinafter set forth at a meeting of the Partners of the Partnership, do hereby adopt and consent to the following actions to the same extent, and with the same force and effect, as if adopted at a meeting of all of the Partners of the Partnership: {M27S2179; I} I. The Partners hereby designate each of Juliet C. Sproul, Lamar Gable and Bradley Boaz as an authorized agent of the Partnership in accordance with the tenns hereof (each an "Agent" and collectively, the "Agents"). Each Agent shall serve in such capacity at the will of the Partners until his or her death or earlier resignation. The authority conferred upon each Agent herein may be tcnninated at any time by a vote of a majority in interest of the general partners (each, a "General Partner") of the Partnership. 2. Notwithstanding any contrary provisions in the partnership agreement of the Partnership, any two of the above three Agents acting together and without notice to or the consent or approval of any other Partners, or anyone of the above three Agents and one General Partner, acting together and without notice to or the consent or approval of any other Partners, are hereby authorized, for and on behalf of the Partnership, (i) to take any and all actions which the Partners could approve at a meeting of the Partners of the Partnership or which the Partners could approve by written consent in lieu of such meeting, and (ii) to execute and deliver any and all documents and instruments, and any amendments, modifications and supplements thereto, as they may deem, in their sole and absolute discretion, necessary, desirable or advisable to carry out the intent and purpose of the preceding sentence. Any such documents and instruments (and any amendments, modifications and supplements thereto) executed in accordance with the preceding sentence shall conclusively be deemed to have been specifically approved by all of the Partners in accordance with all applicable requirements of Florida law and shall be an act of, and be binding upon and enforceable against, the Partnership, 3. Without limiting the provisions of Section 2, each Agent, acting individually, is hereby authorized to take the following actions without the consent or approval of any of the Partners: BARRON COLL1ER CO FILE NUMBER. k? \ ?-., Agenda Item No, 170 November 9,2010 Page 90 of 373 OR: 4419 PG: 1394 (a) to procure and maintain with responsible companies such insurance as may be advisable in such amounts and covering such risks as appropriate; (b) to take and hold any assets of the Partnership in the Partnership's name, or in the name of a nominee of the Partnership; (c) to borrow or lend money on behalf of the Partnership; (d) to execute any mortgage, bond, lease or contract on behalf of the Partnership; (e) to assign, transfer, or pledge any debts due the Partnership or release any debts due; (I) to compromise any claim due the Partnership, or submit to arbitration, mediation or litigation any dispute or controversy involving the Partnership; (g) to execute and deliver on behalf of and in the name of the Partnership, or in the name of a nominee of the Partnership, all instruments necessary, desirable or incidental to the conduct ofthe Partnership's business; (h) to open, close, transfer or otherwise deal with any of the Partnership's bank or depository accounts in which all or any of the Partnership's funds or assets may be deposited and from which payments on behalf of the Partnership shall be made; and (i) to invest, reinvest, or otherwise deal with the Partnership's funds and working capital reserves. 4. Each Agent, acting individually, is hereby authorized to execute' and deliver any and all documents and instruments, and any amendments, modifications and supplements thereto, as he or she may deem, in his or her sole and absolute discretion, necessary, desirable or advisable to cany out the intent and purpose of Section 3. Any such documents and instruments (and any amendments, modifications and supplements thereto) executed by either Agent, shall conclusively be deemed to have been specifically approved by all of the Partners in accordance with 'all applicable requirements of Florida law and shall be an act of, and be binding upon and enforceable against, the Partnership. This Action by Unanimous Consent and Designation of Authority (this "Designation") shall remain in full force and effect until revoked in writing by a majority in interest of the General Partners. Unless and until it has received actual written notice of any such revocation, any party dealing with any Agent and one General Partner, or solely with any Agent, as the case may be, may rely upon the authority granted to such person or persons in this Designation, and the undersigned Partners hereby confinn, ratify and approve all such acts. A party dealing with any Agent and/or one General Partner may, but need not, require that such person execute an affidavit stating that there has been no revocation, partial or complete termination, amendment to (M27S2179;1) 2 BARRON COLLIER CO FILE NUMBER Agenda Item No, 170 November 9, 2010 Page 91 of 373 OR: 4419 PG: 1395, or suspension of this Designation. Absent actual written notice of revocation, a party may rely on said affidavit as to the authority of said person(s) to bind the Partnership with respect to all matters authorized by this Designation. This Designation hereby supersedes any and all designations of authority executed and adopted by the Partners on behalf of the Partnership prior to the date hereof (collectively, "Prior Designations") and the Partners hereby revoke any and all such Prior Designations. This Designation may be executed in any number of counterparts, each of which shall be deemed an original instrument, and said counterparts shall constitute but one and the same instrument which may be sufficiently evidenced by one counterpart. The undersigned Partners do hereby unanimously agree, consent and affirm that the actions authorized in this Designation shall have the same force and effect as if taken at a duly constituted meeting of the Partners of the Partnership, hereby waive all formal requirements, including the necessity of holding a formal or informal meeting, and any requirement that notice be given, and hereby direct that this Designation be filed with be made a part of the minutes of the Partnership. [Signatures on Following Pages] {M2752!.79;1} 3 BARRON COLLtER co FILE NUMBER Agenda Item No. 170 November 9,2010 Page 92 of 373 OR: 4419 PG: 1396 Signed, Sealed and Delivered in the Presence of: (! n~,J Ct Aicuv Witness Signat-ure ~' -~._w ~ m. 1Y.dV Wi e ,Signature L.eVeme M 'Webb Print Name . Katherine G. Sproul, as T stee of the Juliet C. Sproul Testamentary Trust, A General Partner and a Limited Partner STATEOFFL~ COUNTY OF ~ THE FOREGOING INSTRUMENT was acknowledged before me thisC:<5' day of ~ ,2008, by Katherine G. Sproul, who is p","on.l1y known to me or who has pro,:". Uid1.::~~ ....~~~. Notery Public $tate of Florida ~ ~ I~ $usanLt.JIsWfo N P bl' ;., ,j MyCommi..ionD0810666 otary u lC ~a,.\.d"- Expires 1011512012 . SUSAN L. MATURO (Type/Print Name of Notary) My Commission Expires Commission No [M2752I 79;J) 4 BARRON COLLIER co FILE NUMBER . Agenda Item No. 170 November 9,2010 Page 93 of 373 OR: 4419 PG: 1397 Sig[ied,Sealed anti Oci1ivered , I , in the Presence of: .'.~ 0. .u= Witness S,Ig,Jiaturc ' Print NUllle CAAOLYNA SHAW Ju I A. Sproul, as Truslee- of the Juliet C.Sproul Testamentary Ti'li~i, A6enci'tll pm1'ncrmiil'o Linlitco Parlner, LilVeme M. Webb . . . ..... , . , I STATE' OF FLORIDA CD,U.NTY OF WliPJ\.i ---=tlA THE~EG<?r~G INSTRUMENT wiis i1cknow)edged befqre'l11cthis.~6,ed~Y of !1:eJl.u , 2008, by' Juli'et, A. Sproul; who is persdilally knO\v.n 10' mc (ll'- lith0 has pr()duc~d as identjfi~a,iion. - ..,st ~~ Notary Public Slale of Florlda > ."~t~ SusanlMlllturo >;.., ; MyCommiss\onOOa10666 > "'?orr.'rI Expjres 10/15f2012 ~ ~ ~t~ Noliu'y Public SUSAN L. MATURO (Type/Pi'illt Nunit': 6fNolai'YJ , MY Con1l11issionExpil:es Commission, No BARRON COLLIER co FILE NUMBER < \ , '"' . I"') Agenda Item No, 170 November 9.2010 Page 94 of 373 OR: 4419 PG: 139B Signed, Sealed and Delivered 'int~Q-~~ Witness Signatlire Prin me CAROLYN A. !;I-lAW . ~~ e nifer . Sullivan, as Trustee o the Juliet C. Sproul Testamentary Trust, A General Partner-and a Limited Partner W~tn ss Signature 'l..e\leme M. Webb Pnnt Name STATE OF FL~RIDA COUNTY OF 'MlitJ-.J THE FOREGOING INSTRUMENT was acknowledged before me this J.:s'jl. day of 'fl./rl}fM.11-UJ , 2008, by Jennifer S. Sullivan, who 'is personally known to me or who has produced . as identification, ~~~ ,A "..",*- rtJ'I- \~i Notary Public: State of Florida Susan l Maturo My CommissiGn 00810566 Expires 1011512012 Notary Public SUSAN L. MATURO' " (Type/Print Name of Notary) ~~ My Commission Expires Commission No (M2752179;1) 6 BARRON COLLIER CO FILE NUMBER Agenda Item No, 170 November 9,2010 Page 95 of 373 OR: 4419 PG: 1399 Signcd, Scalcd and Dcl ivered in thc Presence of: , ~ O.Ai~ Witness Signat' rc ; Prin 1e CAROLYN A, SHAW /. ~ ~, ("A;4771 Barron G. Collier HI, A General Partner and a Lil11ilec;\ Partncl' lit '5S Signature PriJi( Namc ",,,,,,,,- M\fIIebt> STATE OF.FLORID"": COUNTY OF ~ : '1 ~ THE FOREG01NG INSTRUMENT was acknowlcdged before me this "",5 - dny of ~ , 2Q08, by Barron G. Collicr liT, who is pcrsonally known to me 01' whohos 1)I'oduced' as identification, ~"l\. \~j . or.... Notary PubliC Slale of Florida Susan l MatUro My Commlaslon DD810666 Ex~es 10/15(2012 . . ' 4*,~ Notary Public SUSAN L. MATURO: - v (Tyjle/Prin! Namc of Nolary) . , My Cqmmission Expi.,cs Commission No BARRON COLLIER CO FILE NUMBER IM2152179:I.l 7 I , "" . ...., Agenda Item No, 170 November 9. 2010 Page 96 of 373 OR: 4419 PG: 1400 Signed, Sealed and Delivered- . in the Presence of: w~, Print1;JameANOoCw {. /k:Uu,/,sfl?k Cl~ {j~wr-- Witnes~ Print Name CAROLYNA. SHAW ~Ii~ Bradley A. Boaz, a Trustee e L Gable Revocable Trust u/ald August 29, 2008, a General Partner and a Limited.Partner STATE OF FLORIDA COUNTY OF eel.:"" . ~~~ THE FOREGOING INSTRUMENT was acknowledged before me this ~ day of k~J-W , 2008, by Bradley A. Boaz, who? is personally known to me or who has produced as identificatIon. 'iIJ NotafY Public. State of Florida ~ . Susan L ~aluro .t ~ C ~.J My Commisalon Doe, 0686 "'0.v.P'" Explret 10115/2012 JUMAvf ~ Notary Public SUSAN L. MATURO T (TypelPrint Name of Notary) My Commission Expires Commission No {M2752 179; I ) ,8 BARRON COLUER co FILE. NUMBER Signed, Sealed and Delivered in the Presence of: a Witness Signature " Printl"rrne "8-rAd.le . .. t./ ll~ ()~~ Witness Signature Print Name CAROLYN A. SHAW Agenda Item No, 170 November 9,2010 Page 97 of 373 OR: 4419 PG: 1401 STATE OF FLORIDA COuNTY OF ~;~A.) Jk~EGOING INSTRUMENT was acknowledged before me this J.Svt. day of ,2008, by Andrew R. Meulenberg, who is personally known to me or who has produced as identification, ~~,~ Notary Public Slete of Florida 0( I~ ~ SU~i!.n L Maturo < ~ c .; My Commiss~n 0081 OBB6 YJ;OI~c,f Expires '0/15/2012 v My Commission Expires (M2752J79:1) . ~*.~ Notary Public SUSAN L. MATURO, (TypelPrint Name of Notary) Commission No 9 BARRON COLLIE:FI Qt:I FILE NUMBER Signed, Sealed and Delivered in the Presence 0 f: Agenda Item No. 170 November 9,2010 Page 98 of 373 OR: 4419 PG: 1402 STATE OF FLORIDA COUNTY OF D O~J0 . . ~ ~REGOING INSTRUMENT was acknowledged before me this;;2,5 - day of , 2008, by Douglas E. Baird, who is personally known to me or who has produced as identification. ~..~ Notary Public: Stete of FlOrida ~ ..~t 'f. SU$8t\ l. Maturo ~ ~c .; MyCommiaaionDDa106B6 ....... ~-~ Expires 10/1512012 ~ D'~~ ~ My Commission Expires {M2752179;I) ~f~ Notary Public SUSAN t, MATURO (TypeIPrint Name of Notary) Commission No BARRON COLLIER CO FILE NUMBeR 10 "S Agenda Item No. 170 November 9,2010 Page 99 of 373 OR: 4419 PG: 1403 Signed, Sealed and Delivered ill ;Pr Presencc of: l!-~ (JAi=- Witness Sign ure Print Name CAF<OLYN A. SfiA -t- f111rP,.<\ 9- V l~ .' Frances G. Villere, A Gcneral Partncr and a Limited Partner STATE OF FLORIDA. COUNTY OF rdt.w :-Ie. THE FOREGOING INSTRUMENT was acknowledged before me this ;).S day of ~ . 2008, by Frances G. Viii ere, who is personally known to me or who has produced as identification. - ~~.~ Notary Public S tale of Florica < ~ t'l; SusonlMaturo ;'c "MyCommisslOnODB10665 ~Ot".." Expire& 10/1512012 ~t.fhk Notary Public SUSAN 1. MATURO (Type/Print Name of Notary) My Commission Expires Commission No BARRON COLLIER co FILE NUMBER \ \ ...,. """2 I\.I""(",,.,f1.11 11 STATE OF FLORIDA. COUNTY OF f.l./ ja A.J ye THE FOREGOING INSTRUMENT was acknowledged before me this <<5 - day of ~ , 2008, by Phyllis G. Alden, who is personally known to me or who has produced as identification. ~t,fh4 Signed, Sealed and Delivered inU:~C.A1tt~ Witness Sign~tiire Prin~ '""""'" ,",' ,)A;Y??J.1( ~ Witnes Signature, ' Print Name 18Vllme M.Webb -. .""~"Jl.. Notary Pu'Ollc Slate of Flonda <t' ."If. Susan L Maturo ~ ;'.:: ,j My Commi!!lon 00a10666 'IIIj ""';o,,~..o"" ElCPlrefl1OJ1512012 ) My Commission Expires {M2752179;i) Agenda Item No. 170 November 9,2010 Page 100 of 373 OR: 4419 PG: 1404 Notary Public SUSAN L. MATURO (TypelPrint Name of Notary) Commission No BARRON N"yI . ls::.~ eo FILE NUMIBIER 12 "2 Agenda Item No, 170 November 9, 2010 P"IJP 101 of ~73 OR: 4419 PG: 1405 Signed, Sealed lind Delivered in the Pre~ence of: ~1 /7tu;~~ . . less igl12fcc' --r- Print Name otjG.e.. [Mrrrf::D., '-P~ bJ~ Witness Signature PrinlName l!JfI1HA k)f1J..J<uf QcM.QL ~~ ~OQJJ--,. DOllna G. Keller, A Generall'al1ner unu u Limited Partner STATE OF FL~. COUNTY OF ~ I - ~ THE FOREGOING INSTRUMENT was acknowledged beforc me this ;),6 day of ~~_, 2008, by Donna G. Keller, who is personally known to 111e or who Ims produced as iclcntitieallon. ;'f Il~ Notify publle Slate of Florida '~I~ supnLMaMO . ; MyCommisslonDDS'DS66 ) '\;' '.f EXW.' '01\512012 ~ ) ~'~ .... ~ _~r((,~ Notary Public SUSAN L, MATURO , (TYPc/Pl'int NumeofNolal'Y) My Commissioll Expircs Commission No BARRON COLLIER 00 FILE NUMBlaR \\2\3 tM~7!i2171):1 : 13. Signed, Sealed and Delivered ... in UPresence o~ "d1CW,/ Witne~re Print a Witness' ignature Print Name taVeme M Wphh Agenda Item No, 170 November 9, 2010 Page 102 of 373 OR: 4419 PG: 1406 STATE OF FLORIDA. COUNTY OF W.Jl~N ~OREGOING INSTRUMENT was acknowledged before me this 0l5"r2 day of , 2008, by Phyllis G, Alden, who is per,onallv known to me or who has produced as identification. r ~~ A~ ~v 'J4t.. Notary PubliC Stale or Florida R~. ~ Suaan L Maturo ;, c .; My Commission 00810666 ~ 'r:I E....,.,,;res 1011512012 a,ro; -I"" My Commission Expires {M2S83430;5 } > ~t~ Notary Public SUSAN L. MATURO' (Type/Print Name of Notary) Commission No 12 BARRON COLLIER CO FILE NUMBER _. .r-;, Signed, Scalcd and Delivered ill the Presence 0 I': ~~~ Print Name ~e- ~rn -6v~ ~~ lu~ Witness Signature Print Name P~inEL/J tu/lLKLlf Agenda Item No, 170 November 9. 2010 Page 103 of 373 OR: 4419 PG: 1407 ~J- g~_ Donna G. Kllllcr, General Partner and a Limilcd Partncr STA TE OF FLORIDA' COUNTY OF ~)V ~.THE FOREGOING INSTRUMENT was acknowledgcd before mc this ~ day of , 2008. by Donna G. Keller, who is personally known to me or who has I>roduccd as idcnlitication. ~ , o.,.,.~~- Notary Public Slate of Florida .t' I ~ Susan l Maturo .~, .; MyCommlssionOOBI0666 "'1-0,,,,11" Expires 10/15/2012 My Commission Expircs IM2~";34)U;5 : 4cf/lutJAV NOflll'y Public SUSAN L. MATURO (Type/Prin! Nmnc of Notnry) Commission No 13 BARRON COLLIER co FIl...E NUMBER \ I' ') I '\ Agenda Item No. 170 November 9, 2010 Page 104 of 373 OR: 4419 PG: 1408 Signed, Scaled and Delivered in the P!'l:scnce of: BGC III Enterprises ofNlIples, L TO., A Limitcd Partner By: BGC UI Holdings of Naples, LLC, its Gcncl1ll PlIrlncr wig~/1~ PI' 1t me CAROLYN A. SHAW ~ G. fl9; //1 By: Barron G. Collier III, MlInaging Member Witn s Signatur1.:eVemeM Print Name . Webb, STATE OF FLORIDA COUNTY OFf.dJ,;1J..L -y'/ _ THE} FOREGOING INSTRUMENT was acknowledged bcforc me this t(S-,(. day of V~ ,2008, by Barron G. Collier III, \~10 is pcrsonully known to me or who has produced as identificalion. --. 4 ".'1 ~~. Notary PubliC Stale of Flolida . ~~t~ SusanLMaturo ~ c .; My Commission 00610568 ... ~ E><pkes 10/1512012 O,f\: ...... 4C;\.~ Notary Public SUSAN L. MATURO (Typc/Print Name of Notary) My Comll1ission Expires Commission No 1 M?~HI34~(j:~ I 14 BARRON COLLIER co FILE NUMBER - . ,., Agenda Item No. 170 November 9, 2010 Page 105 of 373 OR: 4419 PG: 1409 Signed, Sealed and Delivered in the Presence of: LG Enterprises of Naples, LTD., A Limited Partner By: LG Holdings, LLC, its General Partner Witness Si at re Print Name ,u.{~ WitQ~ a -dta./ Print Name CAROLYN A. SHAW By: Bradley A. ~ t2~~ Witness Signa Print Name '6.r...dI.evA boa"Z (]~a~ Witness Signature Print Name CAROLYN A. SHAW ~~/-J.,1" Witness Sig atu e tm=, M 4,. 1JE.""6"'''' .~d~ Witness Signatu e PrintName '8/o...d/ev.4&4Z- / ager STATE OF FLORIDA . COUNTY OF G..uu....J : THE FOREGOING INSTRUMENT was acknowledged before me this 2:5'!1tday of iJo/}l.#,~t./l.. , 2008, by Bradley A. Boaz, v.:ho is personally known to m~who has produced as identification. --..... . 'it -,--.- J~ 't fIu.iww R SUlIn L Malo'O Notary Public ; ~ My Commission DDB10E\fi6 ,,>.,,:.1' Exp'"" '0115120'2 SUSAN L. MATURO ~ 1 I \ My Commission Expires (Type/Print Name of Notary) Commission No (M2583430;5) 15 BARRON COLL.IER co FILE NUMBER . Agenda Item No. 170 November 9, 2010 Page 106 of 373 OR: 4419 PG: 1410 ~ ,,~. t-!olery Public Stem of Florld8 i.~t ~ Sun'" llM.turO ~ c . i Mv ~",rrnsslon OOS108fi6 ~or,..d"- EXDlTes HJJ1Sf2012 l (Type/Print Name of Notary) My Commission Expires Commission No 8T A TE OF FLORIDA . COUNTY OF ~A.UJ D^ I 'jt.. ~GOING INSTRUMENT was acknowledged before me this !?5 day of , 2008, by Douglas E. Baird, wllo is personally known to me or ",:,ho has produced as identification. > >11"'" Nolary Public State of FlorldCl ~ ~ . SU$8I'll Maturo ~ c ,.J My Commission 00810666 > ~Df"'~ Expires. 10/1512012 . . ~f~ Notary Public SUSAN L.. MATURO (TypefPrint Name of Notary) My Commission Expires Commission No BARRON COLLIER CO FILE NUMBER . (M2583430;5} 16 'I""" .1'\ " Agenda Item No. 170 November 9, 2010 Page 107 of 373 *t* OR: 4419 PG: 1411 ttt Signed, Scaled and Dclivcred in the Presence of: FGY Enterprises of Naples, LTD., A Limited Partner By: FGV Holdings of Nil pIes, LLC, its GencraI Partner ~4~ Itness Ignaturc PriJ t me CAROLYN A SHAW' I t~~~ 8- Vt(ff!r; By: Frances G. V Here, Managmg Member Wit 'ss Signature Prillt Name laVerne M. Webb STATE OFF~IDA, COUNTY OF J...JJ.~N '\A ,THE ,FOREGOING INSTRUMENT WIIS acknowledged before me this~ day of 1 ~ /I , 2008, by Frances G. Yillere, who is personally known \0 me or who has p,,',oed .'id"~_!l~ ~ 1) t.totarypunlieS\ilIteo1florida ~ 'r~ ~ ~~~~::DD8'0666 Not/try Public \'",;J' expire' 10/1512012 ~ SUSAN L. MATURO (Type/Print Name of Notary) My COlllmission Expires Commission No BARRON COLLiER co FILE NUMBER \,.... ~ www.sunbiz.org - Department of State '"h":-~ ~ .. ~ '~--"-:,::~ ~,,-:-:~~~,;';;::":;;::~- ~::;::: >:~,l,::-:."t',.i.":''( ,,:,_~~~\:.;, . :FLOR1DA"DEPARTMENTOF STAn DmSIONOf CORPORATIONS ,- - .. Home Contact Us E-Fi1Ing Services Previous on List Next on List Return To List ~ Name History Detail by Entity Name Florida Limited Partnership BARRON COLLIER PARTNERSHiP, LLLP Filing Information Document Number A04000001471 FEIIEIN Number 650247894 Date Filed 09/1012004 State FL Status ACTIVE Last Event LP AMENDMENT Event Date Flied 04/0712009 Event Effective Date NONE Principal Address 2600 GOLDEN GATE PARIWVAY NAPLES FL 34105 Mailing Address 2600 GOLDEN GATE PARKWAY NAPLES FL 34105 Registered Agent Name & Address BOAZ, BRADLEY A 2600 GOLDEN GATE PAR'r0IVAY NAPLES FL 34105 US Name Changed: 05/01/2008 General Partner Detail Name & Address Document Number COLLIER, BARRON G III 2600 GOLDEN GATE PARKWAY NAPLES FL 34105 Document Number BAIRD, DOUGLAS E TRUSTEE 2600 GOLDEN GATE PARIWVAY NAPLES FL 34105 Document Number VILLERE. FRANCIS G 2600 GOLDEN GATE PARKWAY NAPLES FL 34105 ""';',~ . 5!1nb~ .' ~ Document Searches Agenda Item No, 170 November 9. 2.010 Pa!i'8Igead1tl:13 '.:'I.....~.i*"..'I;';,..... . ...'.:::.' .....;.....~~:.~.~<.".". ; . ..... ....'~~.~~.... ' ,: ;:....',,'i!I~~i,i '. .', ,.t.:- -iE:~~~~ :-~, %'.'. - ~~::tt;:. __ ,:",~7:iY Forms Hetp Entity Name Search I Submit I www.sunbiz.org - Department of State Document Number ALDEN, PHYLLIS G 2600 GOLDEN GATE PARI0NAY NAPLES FL34105 Document Number KELLER, DONNA G 2600 GOLDEN GATE PARKWAY NAPLES FL 34105 Document Number JULIET A, SPROUL. KATHERINE G. SPROUL AND 2600 GOLDEN GATE PARI0NAY NAPLES FL 34105 Document Number BOAl, BRADLEY A TRUSTEE 2600 GOLDEN GATE PARI0NAY NAPLES FL 34105 Document Number MEULENBERG, ANDREW R TRUSTEE 2600 GOLDEN GATE PARKWAY NAPLES FL 34105 Annual Reports Report Year Filed Date 2007 0312912007 200B 051011200B 2009 0412112009 Document Images 0412112009 ANNUAL REPORT I 0411i7Jf.009"", L1" A/TleD_oment I J.21~oI2Q.QIi.:oGEN,CDBJ0-eLgeL I 051011200B -- ANNUAL REPORT [ o,3Lf9!20_QZ=J\NN,UALBEEQRT I 0412412006 ANNUAL REPORT I Q4~~2QQ~=ANNUALBE~QRTI o3IQaI20o.5,,:::J'1i,m\LCJloDRe ( 0212412005 CORAPSTQJ.J..L [ Q,9!lQL2Q(M-'oJ~gme~ji!<.Le [ View image in PDF format ] View image in PDF format ) View image in PDF format J View image in PDF format ] View image in PDF format ] View image in PDF format j View image in PDF format J View image in PDF forma1 I View image in PDF format I View image in PDF format J Note: This is not official record, See documents if question or conflict. I Previous on List Next on List E:ve.nY! Name History Return To List I Heme I Contact us ! Document Searches 1 E.Filir~9 Services I Forms I Help I Copyright and Privacy Policies Copyright tt) 2007 State 01 Florida, Depilrtmenl of St<>.te. Agenda Item No, 170 Nov\l,'I'!2er 9, ~01 0 P~ib3 ~jq3 Entity Name Search [ Submit I Agenda Item No, 170 November 9,2010 Page 110 of 373 Cemex, Inc. CU-2008-AR-14078 REV:-1 IMMOKALEE SAND MINE Project: 2006010087 Date: 12/23108 DUE: 1/26/09 1 Illll8 REC'D NOV Z. AFFIDA VIT I, Peter C. Lyons; Vice President of Cemex Construction Mat-erialsFlorida, LLC. being first duly sworn, depose and say that Cemex Construction Materials Florida, LLC., is the petitioner for the conditional use petition 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 I 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 significantly altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As petitioner, and Vice President of Cemex Construction Materials Florida, LLC. I further authorize Robert J. Mulhere of RWA, Inc., and John M. Passidomo ofCheffy, Passidomo, Wilson & Johnson to act as my representative in any matters regarding this Petition. ~-'V~ C-. ~~S Typed or Printed Na f Property Owner The foregoing instrument was acknowledged before me this 4th day of August. 2008. by Peter C. Lvons who is(i?ersonally known to me)Jr has produced to me as identification. State of Florida COUJlty of Collier gnature of Notary Public. State of lorida) JANET BENNe, , --, _ - ... of Flori.. . lire:.. I 1, '&l*e&Mar31,20,. /i,fJPned Agenda Item No, 170 November 9, 2010 Page 111 of 373 AFFIDA VIT I, Peter Lvons, VICe President of Cemex Construction Materials Florida. UC being first duly sworn, depose and say that Cemex Construction Maierials Florida, LLC is the petitioner for the conditional use petition which is the subject matter of the proposeahearing; 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. I understaruLthat the iriformation 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 significantly altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. . As Vice President of petitioner, Cemex Construction Materials Florida, LLC, 1 further authorize Will J. Dempsey of Cheffy Passidomo, P.A., to act as Cemex Construction Materials Florida, LLC's representative in any matters regarding this Petition. Vice President Title 76'1 J;. :R LieNS Typed or Printed Name Theforegoillg instrum. ent was acknowledged ~efo. r. e me this 1!tzay of. i&!:cz 2010, byfeA'~r htql')( . . Wh~.lS.... onallyknownlo'~TIt:;'3IIrhasp duced . as ldentifica. . State of Florida County of Palm Beach ~Mtftfj~ '" ~$iary pu6f/11:ar;;o/ Florida) "'''''''''' "~'It l' "" ~.. .....~I...,..tf.~'~ ....0 "0 t1I ~ ~ . # i f lfl'" ': ~ (Print, Type, or Stamp Commissioned ; \ ~ i ~ Name a/Notary Public) ~ 00 .0 ~ '~. .0':- ~ ....~... ,'" '" - " ".... " "'"111''' Agenda Item No. 170 November 9,2010 CU.200B.AR.1407B ~~,~ 112 of 373 IMMOl<AlEE SANO MINE Project: 2006010087 Oate: 3/23/10 OUE: 4/20/10 AFFIDAVIT ,,""-~. ", I, Karl H. Watson, Manaf!er of Cemex Constructioll Materials Florida. LLC being first duly sworn, depose and say that Cemex Constructioll Materials Florida, LLC is the petitioner for the conditional use petition which is the subject matter of the proposed hearing; that aU 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 our knowledge and belief I understand that the information requested on this application must be complete and accurate and that the content of tm-s form, whether computer generated, or County printed shaUnot be altered. Public hearings wiUnot be advertised until this application is deemed complete, and all required information has been submitted. As, petitioner, and Manager of Cemex Construction Materials Florida, LLC. I further authorize Matt Mouncey, Environmental Director of Cemex Materials Florida, LLC, Robert J. Mulhere of RWA, Inc, and George L. Varnadoe, John Passidomo of Cheffy, Passidomo, PA to act as my representative in any matters regarding this Petition to act as my representative and Applicant for this Conditional Use petition. Cemex Construction Materials Florida, LLC Sign~Ifn~~ Manaf!er Title Karl H. Watson Typed or Printed Name Authorized Agent The foregoing instrument was acknowledged before me this..2J!: day of February , 2010, by Karl H. Watson as a 'd a ent Cemex Construction Florida, LLC. who is ersonally known to me or has as identification. Materials produced State of Florida County of Collier \\111""'" \ " ~~. 1(LM. ""S'" $' ........... " '11>. '." ,. ..'" .. ...0.......', :. : : _"IO'it . ... : . ....-: : - ~ ~ : .: -:. ". IIllaJC : ~ ~ .... ..'.:- ~,".A..:........:A,'... "-'7't0lt~\\' ""...,'\\' s www.sunbiz.org - Department of State .>,.,. ~-.;-: ,,_;-.:,,~~:z_*,_-,,~..>:-c,.:;.. -"-.-:~'''~ ',-, - ,',-, . FLORlDADEPART-MENT OF SUrE DIVISION OF CORPORATIONS Home Contact Us E~Fi1ing Services Previous on List Next on List Return To List Events. No Name History Detail by Entity Name Foreign Limited Liability Company I CEMEX CONSTRUCTION MATERIALS FLORIDA. LLC Filing Information Oocumant Number MOB00000375B FEIIEIN Number 26306806B Date Filed OBI131200B State DE Status ACTIVE Last Event MERGER Event Date Filed 1212B12009 Event Effective Date 1213112009 Principal Address 1501 BELVEDERE ROAD TAX DEPT WEST PALM BEACH FL 33406 US Changed 0612512009 Mailing Address 1501 BELVEDERE ROAD TAX DEPT WEST PALM BEACH FL 33406 US Changed 0612512009 Registered Agent Name & Address CORPORATE CREATIONS NETWORK, INC, 113BO PROSPERITY FARMS ROAD #221 E PALM BEACH GARDENS FL 33410 US Manager/Member Detail Name & Address Title MGR PEREZ. GILBERTO 920 MEMORIAL CITY WAY, STE, 100 HOUSTON 1)( 77024 Title MGR ANGELLE, FRANK 920 MEMORIAL CiTY WAY, STE, 100 HOUSTON TX 77024 Title MGR ''')..:-:'_,:,;;:n,......,.j.,:;.,~.,-.-,~,- "'.~ .~~ .7l1nbf,Z _____2'--- Document Searches Agenda Item No, 170 N~~~ !81~~ 'l';"~ ~;1IJJJ_:S-~ .~"..'..i.':..1!" ..r..~;....'.;,:l ... .; . . ";>;.-J~"1c" ,'''' 'J.... ""~l!~ " r. .' '."" ~'I'~]'1'~~~, ~. .:., .-, ". . ,-. ll'".~'" "" ,.- -'~" ,~ -L~4i ~~ ~-;:;Uj_. Forms Help Entity Name Search I Submit I www.sunbiz.org - Department of State Agenda Item No, 170 N~~tglfJ~?~ WHITE, LESLIE S 920 MEMORIAL CITY WAY, STE. 100 HOUSTON TX 77024 Title MGR WATSON, KARL H JR. 920 MEMORIAL CITY WAY, STE, 100 HOUSTON TX 77024 Annual Reports Report Year Flied Date 2009 04/24/2009 2009 06/25/2009 Document Images :1212812009 -- Merger I View image in PDF format) olli22IZQ.Ojl..:,,-&N):,!!)AL REPORT [ , View image in PDF format) 041,-4l2.Q9Jl..=-6tllil.L6J...EEEORT I View Image In PDF formet ] lQ!Q.1L2illlJL:::...M.e.rQ.eJ: [View image in PDF format I O_81J.~IZjt01L:o.E.Qf~gnJ.JJ]11~ I View image in PDF format I I Note: This is not official record, See documents if question or conflict.] Preyio\!.!'..Q.ryJJ.".t !'Ijtxt <m.1jg Return To List !:'.Y!!D.t!; No Name History Entity Name Search I Submit I 1 Home I Contact us I Document Stoan:lles ) E .Fil1ng Servicl':S I Forms I Help I (Opyri~lflt and Privacy Policies Copyrigl1t I~) 2007 Stllte of Flololda, Department of State, ,\genda Item No, 170 November 9, 2010 CU-2008-AR-14bj~e 115 ~~V11 IMMOKALEE SAND MINE LETTER OF AUTHORIZATION Project: 2006010087 Date: 12/23/08 DUE: 1/26/09 TO WHOM IT MAY CONCERN: Douglas E. Baird, Vice President $R82 Groves. LLP Print Nnme of Owner Date 51' A TE OF FLORIDA, COUNTY OF Collier The foregoing Leller of Authorization was acknowledged before me Ihis ~L. NOI/E/I)(3E:.12... 2008, by Dou~las E, Bain.!, who is person nIlI' known 10 me. or has produced ______.._......_..__ .... ____.. .s identification and who did (did not) lake an oath. .,4.::;;'~~1 DtANE L V1GNER1 i'(~\:l MY COMMISSION I DO 798494 ~'~H EXPIRES:Ju\y13,2012 "~,1i:;:f,,'''' BondedThnJNtaIYPllbic~ _~1~" Sillllal",.. aINa/aT:!' PI/hlie ~ Public.:Se.al _.__QL~?..~.J4~){e;e;' Prillfnf Name of NOlll/)' PubUc , Mall MOllncey, Director of Environmental Aff.irs !:;ell1ex Construction Materials Florid.. L1.C Prillt Nama afOwner 's Agent / - )-t1:-r.../"IA L.~(L ..' ) ,. OI1'}wl. Agellt 's SignalllrY Dafe STATE OF FLORIDA, COUNTY OF Colliq The foregoing Letter of Authorization \l'as acknowledged before me this "'2...0--\\ day of _0_Q.o~br 2008, by Mall MounceI', \0Jo is ,cmonally known to-me or has produced . as idcnlification and who did ::: take an oath. G.L_';'" --<::..1 /L, n ... ~ .J ~ Jl'-' ~ l~tjll~~.. JMUiT6f.JlNE.ll ~ v~{j{j~f'VV~ Puulic Seat t\\ f4(lttfy Pl/tlllc. Steto or FlotldD [}tJ/alll/'C afNo/ar)' Pllblic :9 rtt~onE>/rf'MGy3',lOtl' , . C""ml"lon H 00 rmoo ! . ll<>'''''~ThI'''IlhNa:JontIlloleiy^,,,, I ~~~,~. Emilio J. Rob"", I',E, RWA. Inc, Prim Name of Agel/t Dale STATE OF FLORIDA, COUNTY OF hQ.ilkr The foregoing Letler of Aulhorizatilln was acknowledged before me Ihis 3 R...t;i day of 0[(' (:,:, lb.?/.?_ 2008, by Emilio J. RobAu, who is pel'sonalll' known 10 me, 01' has produced ______'" as idenlificalion anel who did (e1id nOI) take an oath, 4,.'.... '1(f'/L Jn~. {org/lafu]"!! of Notary Pliblic [-/.'5 f] P l'-lCd,,]? 7 ... Pdll(cd Name nfNorary Public .."'..-'''.--. Public S(~{[l ELSA MARTINEZ NOlary Public, Slale of Floricla My Comm. Expires Aug. 11. 200r.i No D04€075f.; Agenda Item No, 17D November 9,2010 SR 82 cfr8~~s; fi'l! 373 CU-2008-AR-14078 REV: 1 IMMOKALEE SAND MINE Project: 2006010087 Date: 12/23/08' DUE: 1/26/09 AFFlDA VIT L Douglas E. Baird , Vice President of SR 82 Groves, LLP, a Florida limited liability partnership, being first duly sworn, depose and say that SR 82 Groves, LLP., is the property 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 applicaiion, are honest and true to the best of my knowledge and belief I 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 significantly altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As Vice President of SR 82 Groves, LLP., I fUrther authorize Robert J Mulhere of RWA, Inc,. and John M. Passidomo of ChejJy, Passidomo, Wilson & Johnson to act as my representative in any matters regarding this Pe . 'on. By: DOUGLAS E, BAIRO Typed or Printed Name The foregoing instrument was acknowledged before me this /r day of ~8E;IL 2008, by /)tJuc.tA-S e, BI+/FJi who is personally ~ to me or has produced as identification. State of Florida County of Collier A9~'/~ (Signature of Notary blic - State of Florida) ,~&\;r~, DIANE!.. V1GNERI !" :" MY COMMISSION I DO 798494 'fi.. ~'D EXPIRES: July 13.2012 ?,f,.ff.~~J' BondedlhruNolatyPublleUnd8rwrilet5 . LJ/I9A/e L. V/C$Neel (Print, Type, or Stamp Commissioned Name of Notary Public) }") Vi CU-2008-AR-14078 REV: 1 IMMOKALEE SAND MINE Project: 2006010087 Date: 12/23/08 DUE: 1126/09 Agenda Item No. 170 November 9, 2010 3344817 OR: 350~a~t:1~!d93 RlCORDID in OffICIAL RJCORDS of COLLIIR CODIT!, lL 01/17/2001 at O!:IIAK DVlGBT I. BRocr, CLIR! COIS 3/77016.00 RlC fll 15.00 DOC-.70 12939.70 This instrument prepared by: lena E. Rissman. Esq. Kluger, Peretz, Kaplan & Berlin, P.L. 201 S. Biscayne Blvd., 17'" Floor Miami, FL 33131 Ratn: ILDGlR mm IT AI. 201 S BISCAY" BLVD 17!H fLl KIAHI lL 33131 1302 Property Tax Folio ID #: .' '00063480003 00063480007 00063480004 SPECIAL WARRANTY DEED TInS SPECIAL WARRANTY DEED is made this ;L day of February, 2004, by DA,VID C. BROWN III, DEBTOR-IN-POSSESSION, an individual, hereinafter the Grantor, and SR82 GROVES, LLP, a Florida limited liability partnership, whose post office address is 2600 Golden Gate Parkway, Naples, Florida 34105, he . e Grantee. ~R COt.J: (The designation "Granto @i rantee" as in shall include said parties, their heirs, successors and assigns include singular, pI I, sculine, feminine, or neuter as required by context). That the Grantor, fo ($10.()0) Dollars and other ed, hereby grants, bargains, tee, all that certain land situate Subject to conditions, restrictions, limitations and easements of record, if any, and any amendments thereto (without reimposing same); all applicable zoning ordinances and governmental regulations; taxes and assessments for the year 2004 and all subsequent years; and all matters which an accurate survey of the subject property would disclose. The Grantor does hereby covenant with Grantee that Grantor will defend the title to the said land against the lawful claims of all persons claiming by, through or under the Grantor, but none other. , No other covenants or warranties, express or implied, are given by this Special Warranty Deed. THE SUBJECT PROPERTY IS NOT NOW, NOR HAS IT EVER BEEN THE HOMESTEAD OF THE GRANTOR. GRANTOR RESIDES AT 424 NEW MARKET ROAD, IMMOKALEE, FL 34142. (W:\Banl<ruptl44961D002IM0ISI672 v. I; 2/4/2004 10:46 AM) Agenda Item No, 170 November 9,2010 *** OR: 3502 PG: 0f11J6'AiUof373 EXHIBIT "A" Legal Description Parcel I: The South 1/2 of Section 6, Township 46 South, Range 29. East and all that portion of-Section 7, Township 46 South, Range 29 East, lying North of State Road 82, all lying and being in Collier County, Florida. Parcel II: The North y,. of Section 6, Township 46 South. Range 29 East, Public Records of CoIlier County, Florida; LESS and EXCEPT the following Parcel: Beginning at the Northeast co er Easterly line of said Section fo , courses: North 87 degrees 5 1 ' described as follows: (W:\BanbupI\4496'1l002M0151672 v,l; 112/2004 OH6 PM} Agenda Item No. 170 November 9,2010 Page 119 of 373 Neighborhood Information Meeting Conditional Use Application CU-2008-AR-14078 lmmokalee Sand Mine Cemex Construction Materials Florida, LLC Immokalee Sand Mine CU-2007 -AR-14078 Submitted: 6/14/10 Date: Location: Time: May 6, 2010 Career and Service Centers of Southwest Florida, lmmokalee 5:30pm At 5:30, Kay Deselem, Principal Planner, opened the meeting briefly describing the project and . e>:plaining .the teview and public hearing process, Bob MuIhere, of MuIhere & Associates, representing the applicant introduced himself and the project team: Daniel Beatty, Cemex Tim Hall, Turell Hall and Associates Will Dempsey, Cheffy Passidomo Ron Talone, David Plummer Associates Emilio Robau, RWA Patrick Vanasse, RWA Bob MuIhere presented an overview of the applicant's request. The total size of the property consists of 898 + / - acres, The excavation area will consist of approximately 589 acres. Concurrent to the Conditional Use request, the applicant is also requesting and Excavation Permit that will go to public hearing at the same time as the CU application. Two members of the public were present - Alvin Block, Planner from Lee County, and Dan Barber. A few questions were asked regarding then depth of the excavation, the material that would be mined, the duration of the mine, truck traffic and estimated impacts, dewatering and hearing dates, The project team responded to questions explaining the following: . Requested depth 80 feet. . Confining layer below 80 feet . Duration of the mine 35 years . Material consists of course high quality sand used for manufacturing not fill . Truck traffic considered diminirnus, less than 1 % impact on roadway system, approximately 60% of the trips going north . Dewatering may be needed to remove top layer of clay . Hearing dates: EAC June 2nd, CCPC July 15th, BCC Sept 14th Tne meeting adjourned at approximately 5:50 p.m. Agenda Item No. 170 November 9,2010 Page 120 of 373 D'XTA'M ~ ' . ,,' I 1 ; r' I, ...8...'-, ,.I. A April 20, 20 I 0 h'I,v . JJ ..[ - , ^ .._-~.:..--'........---- Dear Property Owner; Please be advised that the petitioner has made a formal application to Collicr County lor a Conditional Use (CU) as follows: Proper!)' Description: The subject 898::i:-acre property is located in the north side of SRR2, approximately 1.2 miles west of the intersection with SR 29, in Section 6 and 7, Township 46 South, Range 29 East, Collier County, Florida. Petition Description: CU-2008-AR-14078 Cemex Construction Materials Florida, LLC, represented by Robert J. Mulhere, AICP of RWA, Inc. and George Varnadoe, Esquire ofCheffy Passidomo, P A., is requesting a Conditional Use to allow extraction or earth mining and related processing and production not incidental to the agricultural development of the property in the Agricultural (A) Zoning District, as specified in Section 2.03,01.A.1.c.l of the Collier County Land Development Code (LDC) for a project to be known as the Immokalee Sand Mine. In order to provide you an opportunity to become fully aware of our intention regarding the property, identified above, and to give you an opportunity to provide input, we are holding a Neighborhood Information Meeting on Thursday, May 6th beginning at 5:30PM, at the Career and Service Center, located at 750 South 5th Street, Immokalee, Florida 34142, At this meeting we will make every effort to illustrate how we intend to develop the property. Sincerely, o leCIE8V\5 n MAY 1 3 2.010 iU ~~- Robert], Mulherc cc: Kay Deselem. Principal Planner 6610 \/.!illo\'J Park Olive SUIte 200. !\Iaples. FIDflda 3(1109 . ~239) 597-0575. Fru: (239) ~97"057e wwwconsuh.r'l:acom Ea.y f'eelilllabels Use Avery'" Template 5160'" BARRON COlLIER INVESTMENTS L TO 2600 GOLDEN GATE PKWY sre 200 NAPLES,FL 34105...3227 BROWN. DOUGlAS G PO BOX 1005 ALVA.Fl 33920-~1905 CCW62 LLC 2150 LOGAN BLVD N NAPLES,FL 34119~..'411 PEACOCK TREE FARMS WEST LLC C/O BURELL & ASSOCIATES PO BOX 430340 MlAMl,Fl 33243--0340 TURNER GROVES CITRUS LTD PRTNR A TIN: RICH CHOMA CONSOLIDATED CITRUS LID PRTNR 4210 METRO PKWY STE 250 FORT MYERS,Fl 33916-_9409 Etiquettes faciles a peleT .....,..__ .'....'& ..".........6rl...........ro i I J ...- f~DPaper- Bend along line to : expose Pop-Up Edge ™ l BARRON COLLIER PARTNERSHIP 2600 GOLDEN GATE PKWY NAPLES,Fl 34 105-3227 CCW82 LlC 2170 lOGAN BLVD N NAPLES.Fl 34119-1411 CCWB2 LLC 2170 LOOAN BLVD N NAPlES.Fl 34i1g~1411 PEACOCK TREE FARMS WEST lLC C/O BURELL & ASSOCIATES PO BOX 430MO MIAMI.Fl 33243-..0340 '" 5 ens de R~p~i~z ~ la hach,u~e a~~ ~.~ 1 Agenda Item ~'O. 170 November 9,2010 @ FAv'elltrsf5'i~$l BARRON COLLIER PARTNERSHIP 2600 GOeDEN GATE PKWY NAPlES,Fl ::A 1 05-.3227 CCW82 LLC 2150 LOGAN BLVD N NAF'lES,Fl 34119--1411 MILLER, BETTYE Z ROBERT M=& SARAH B BEHR BEHR & NOlTE }NC PO BOX 728 LA8ELLE,Fl 33975.-0728 TURNER. GROVES CITRUS L TO PRTNR A TTN: RICH CHOMA CONSOLIDATED CITRUS LTD PRTNR 4210 METRO PKWY STE 250 FORT MYERS,FL 33916--9409 o ~@~OV~ n MAY 1 3 2010 U www.avery.com Agenda Item No. 170 November 9,2010 Page 122 of 373 Frangipani Agricultural Community Civic Association W eg Bower, President 5L ~ angipani Avenue Naples, Florida 34117 Mr. Douglas L Rankin Moorings Professional Building 2335 Tamiami Trail North, Suite 308 Naples, Florida 34]03 Golden Gate Estates Ovic Association Ms. Peggy Whitbeck PO Box 990596 Naples, Florida 34116 lnunokalee Civic Association Mr, Leo Rodgers 502 E. New Market Road lmmokalee. Florida 34142 Immokalee Rotary dub Mr. Richard Rice PWox 5274 I :alee, Florida 34143 hnmokalee Water and Sewer District Ms, Eva J. Dc:yo 1020 Sanitation Road lmmokalee, Florida 34142 Agenda Item No. 170 November 9, 2010 Page 123 of 373 AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant 10 Ordinance 2004.72, of the ColHer County Land Development Code, I did give notice by mail to the foHowing prope11Y owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a rezoning, PUD amendment, or conditional use, at least 10 days prior to the scheduled Neighborhood lnfomlation Meeting. For the purposes o.fthis requirement, the names and addresses of properlY owners shall be deemed /hose appearing on the latesr lax rolls of Collier County and any other persons or entities who have made aJormal requeSl of {he county fO be notified. The said notice contained the laymen's description of the site property of proposed change and the date, time and place of a Neighborhood Information Meeting. Per attached letters and OJ' property owner's list, which arc hereby made a part of this Affidavit of Compliance Jii!iz ~ ~~ State of Florida County of Collier Tlle foregoing Affidavit of Compliance was acknowledged before me this 22nd day of ADTiI, 20J 0 by Patrick Vanasse, who is personally known to me or who has produced as identification. _ROSA MY COMMISSION' DO 5ge004 EXPJReS:0c\ttJet13.2IJ10 kMod.~.~N:.lc~.-. CuOA..t--- (Signature of Notary Public) Anna Rosa (Print name ofNotalY Public) NOTARY PUBLlC NAPLES DAILY NEWS Publisbed Daily Naples, FL34 102 Affidavit of Pub] State of Florida Counties. of Collier and L Before the undersigned tbey serve; appeared Tracy Reeve, wbo on 08 as the Senior Accountant of the Na a daily newspaper publisbed at ~ Florida; distributed in Collier and the attached copy of the adverti,i PUBLIC NOTICE in the matter of PUBUC NOTIC was published in said newspaper on April 29, 2010 Affiant further says that the said Naples: published at Naples, in said Collier Coun newspaper has heretofore been continuo COw1ty, Florida: distributed in Collier and each day and has been entered as second c office in Naples, in said Collier County, yeaT next preceding the first publicalio advertisement:. and affiant further says th promised any person. firm or corporati commission or refund for the purpose of s publication in the said newspaper. Sworn to and subscribed before me' This 30th day of April, 2010 , ~ (Signature of notary public) \''''''''/, ~,"~I-"Y "'/..J'9;.~-.. KAROL E I ::!;. '.. f,'~ . ~.: 40' :. ~ Notary Puhllc . ~ %~ ~11.. r.J"'~; My Co.rnm. Expirf ....;;,~(I",.',.~~\.... CommrssiOl'lIl '''''''' Agenda Item No. 17D November 9,2010 Page 124 of 373 NEIGHBORHOOD INFORMATION M'EETING The public is invited to attend a Neighborhood Information Meeting held by Cemex Construction' Materials Florida, LLC reprE;lsented by Robert Mulhere of RWA, Inc. on: Thursday, May 6, 2010 at 5:30pm Career and Service Centers of Southwest FIQrida 750 South 5th Street,lmmokalee, Florida 34142 SUbject Properly: The subject property, consisting of approximately 898 acres, is located on the north side of SRIl2, approximately 1.2 miles west of the intersection with SR29, in Section 6 and 7, Township.46 South, Range 29 East, Coliier County, Florida, . 0 . .. ,. ., . o' . " . . . '. .J , \ . L_ .. - ",. i:;" . - . " 1', F .. The property owner is petitioning' C~lIier County'to allow for extraction or earth mining and related processing and production not incidental to the agri- cultlJral development of the property in the Agricultural (A) ZoninQ District, as specified in Section 2.03.01.A.1.c.1 of the Collier County Land D~velopment Code (LOG) fora' project to be kn?wn as Immokalee Sand Mine. WE VALUE YOUR iNPUT '. Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Col- 'lier County staff. If you are unable to attend this meeting: but have questions or comments, they can be directed by mail, phone, fax' or e-mail by June 6, 2010., Please reference Petition CU-2008-AR-14078 in your Inquiry. Kay Deselem, AICp, Principal Planner Division of Community Development and Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 239-252-2931 Fax: 239-252-6357 KayDeselem@colllergov.net No n'175490 Ann! ?9. ?n10 NAPLES DAlLY NEWS Published Daily Naples, FL 34J02 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Tracv Reeve, who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the adverti!dng, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on April 29,2010 time in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida: distributed in Collier and Lee coumie.<; or Florida. each day and has bet:rJ entered as second class mail maner a1 the post office in Naples, in said Collier County. Florida. for a period of 1 year nexl preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nOT promised any person, firm OT corporation any discount. rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me This 30th day of April, 20]0 , ~ (Signature of notary public) Agenda Item No. 17D November 9,2010 Page 125 of 373 ING II operations. A1; an MBA/CPA . ' JDsive sldllsin auditing govern- Meeting held by anjzations fora global accounting: Robert Mulhere ,rgia offers zero-based budgeting . r finanCial solutions to prevent tax'increases that threaten our future. . .rida .cent years, America has experi- ,142 ancial upheaval caused by Fannie ldie Mac, incompeten; largl; banks ,proximately 898 'ss federal !egulators. Opa<?o/, not 1.2 miles west of ncy ruled the day and precrpltated ' ,ad, personal financial distress. In South, Range 29 ounty, Hiller represents "financial " in her support of clerk of courts lty auditor, Dwight Brock, in his mllle against certain clmoty com- rs who champion "financial dark- I fearfully oppose the auditing of ," ~" accounts. is both dedicated and uniquely,. he will represent District 2 with "J and courage. No wonder her sup- ,pounds day by day.. -Ian McKeag Naples' " r skid stuff Daily News: 'e1y hope those folks clampring for >g in our Gulf are paying attention happening in Louisiana. eringthe cl~e rotation of the eIlts, ,we in'Southwe;t Florida will not to be scrap~ this piess off for ~xtraction'or hes - not. to mention ~ff our feet enlal to th '_ es a]a east-coast Flonda. . e agn , . I ming District, as - Jack IIah~g nd Development Naples line. ' l1at counts Daily N':Ws: . . , llcome to attend S on.the Idea of an actIve central government by some letters to leloper and ?ol- r demohstrate alaCk of knowledge t have questIons ,omous positive role the federal -mail by June 6, .ent has played. in the economic nquiry. Union forces officially took possessiont'IC lrleans. ' es ,iots broke out in Los Angeles after :e officers were acqilittad of beating ring. President Gaorge W. Bush and Vice t Dick Chaney met with tha 9/11 Com n.J;lasad hearinas. _ Aorll 29 2010 Agenda Item No, 17D November 9,2010 Page 126 of 373 Cemex Construction Materials Florida, LLC Conditional Use Awlication CU-2008-AR-14078 PUBLIC MEETING I Sign-in Sheet I Date: Time: Location: May 6, 2010 5 :30 p.m. Career and Service Centers of Southwest Florida Name Address Phone - ;:)/"'/ ~ 13/cd{ ISo 0 M 6rU (t....(J E" S T 0, t1fyer::. 2Yj'-S3J--832 Wg~'(A , 5~D?-~~"'L~~,R.. Cc> 4-:5 . :S~4-3 J ~. 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I ....... ----l -, . t 'i '0 6 ., . . 2 o E ~ Immokalee Sand Mine CU-2007-AR-14078 Submitted: 6/14/10 ~ co ..., e' - - ~ stt: TWP: RGt, STATE OF FLORIDA BUSINESS LICENSE NO. EB-0007663 ClIENT: CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC. TITLE IMMOKALEE SAND MINE CONCEPTUAL PHASING PLAN PROJeCT 080095 00 02 SHEET 1 1 filE 0800950002X02 NUMBER: .. NUMBER: OF NUMBER: ti610 Willow Park Drive., SUite 200 Naples,FIorida34109 Phonll:(23R)S97..0575 FAX: (239) 597-0578 RW.A., INC, D.o.TE: APRIL, 2010 SWE; 1"=1200' tm...IYNBY; M,S,J. OlfC!CtD ElY: J.J.S, DlXT ^~C:~=.non CONSULTING Civil En . . .A. ...., '.L .... Smveyin~ing _._--,.,.--.-,.~.- --- _ Ei ~.;..--;:;<-:::-_ "I l r_~ jl -"'__~... i ! ) ~ ) ~ ... !l [i ljlW ht ,! hi1n l~r I ~ ~', )' '\ tn \1 ~rJ ,}', : 1 )) > ~.. ) : ~~~~H 1.1'))'))J iFllll i jlH : ) , ~ ) , "" : ~ j j : 5 \5,1'1 ,:.lIW ': 'ilnl . 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I ~"i 1 h~ i~1)1: .~"Ij q ts" :~- ,~ " j!!l i i JIll ~ :! ~~ ~: p.~ o~ ~ i ~ i I ~ "' ~ i Iii h , II n ~ , a I 0 z , ! I i 0 . . . , I ~ i . 3 I 1 ! ~ ;; , 'j z , ~ , w I , I 5 ~ g i . j ~ ! ~ ~ ! z " g ~ ~ ~ ~ g ~ I 15 a H ;;i \ 0]000 :~-i 0 I ~ I, t ili w H! :: , ;.j " ~ 8 g ~ ~ II ,. , ----- Agenda Item No. 17D November 9, 2010 Page 130 of 373 Neighborhood Information Meeting Conditional Use Application C1J-2608-~-14078 Immokalee Sand Mine Cemex Construction Materials Florida, LLC Immokalee Sand Mine CU-2007-AR-14078 Submitted: 6114/10 Date: Location: Time: May 6, 2010 Career and Service Centers of Southwest Florida, Immokalee 5:30pm At 5:30, Kay Deselem, Principal Planner, opened the meeting briefly describing the project and explaining the review and public hearing process, Bob Mulhere, of Mulhere & Associates, representing the applicant introduced himself and the project team: Daniel Beatty, Cemex Tim Hall, Turell Hall and Associates Will Dempsey, Cheffy Passidomo Ron Talone, David Plummer Associates Emilio Robau, RWA Patrick Vanasse, RWA Bob Mulhere presented an overview of the applicant's request. The tou! size of the property consists of 898 + /. acres. The excavation area will consist of approximately 589 acres. Concurrent to the Conditional Use request, the applicant is also requesting and Excavation Permit that will go to public hearing at the same time as the CU application. Two members of the public were present - Alvin Block, Planner from Lee County, and Dan Barber. A few questions were asked regarding then depth of the excavation, the material that would be mined, the duration of the mine, truck traffic and estimated impacts, dewatering and hearing dates, The project team responded to questions explaining the following: . Requested depth 80 feet. . Confining layer below 80 feet . Duration of the mine 35 years . Material consists of course high quality sand used for manufacturing not fill . Truck traffic considered diminimus, less than I % impact on roadway system, approximately 60% of the trips going north . Dewatering may be needed to remove top layer of clay . Hearing dates: EAC June 2nd, CCPC July 15th, BCC Sept 14th The meeting adjourned at approximately 5:50 p.m. Agenda Item No. 17D November 9,2010 Page 131 of 373 DlXTA'M ! , . ',~ i i I' " .JL......'u...lI.. April 20, 20 I 0 Dear Property Owner: Please be advised that the petitioner has made a formal application to Collier County for a Conditional Use (CU) as follows: Property Description: The subject 898i:.acre property is located in the north side of SRR2, approximately 1.2 miles west of the intersection with SR 29, in Section 6 and 7, Township 46 South, Range 29 East, Collier County, Florida. Petition Description: CU-2008-AR-14078 Cemex Construction Materials Florida, LLC, represented by Robert ], Mulhere, AICP of RW A, Inc. and George Varnadoe, Esquire of Cheffy Passidomo, P A., is requesting a Conditional Use to allow extraction or earth mining and related processing and production not incidental to the agricultural development of the property in the Agricultural (A) Zoning District, as specified in Section 2.03,Ol.A.l.c,] of the Collier County Land Development Code (LDC) for a project to be known as the lmmokalee Sand Mine. 111 order to provide you an oppommity to become fully aware of our intention regarding the property, identified above, and to give you an opportunity to provide input, we are holding a Neighborhood Information Meeting on Thursday, May 6th beginning at 5:30PM, at the Career and Service Center, located at 750 South 5'h Street, lmmokalee, Florida 34142, At this meeting we will make every effort to illustrate how we intend to develop the property. Sincerely, o IECIE8V~ ~ MAY 1 3 2010lU /~ Robert 1. Mulhere cc: Kay Deselem, Principal Planner 5610 VI'illQW Par"- Dll\'€ SUlle 200. I~ap)~s. Flolld2: 3~l09 . (239) 59HiS7:.. Fa~ (239) 597-0578 '{,"'WI ccnsulHv:a com Ea.y Peel" Labels Use Averyf}) Template 5160@ ~ON CCUIER INVES'lMENTS L TO GOLDEN GATE PKWV STE 200 NAPL.ES,FL 34105-.-3227 BROWN. DOUGlAS G PO BOX 100. AlVA,FL 33920-1905 CCW82 LtC 2'150 LOGAN Bl..VD N NAPlES.FL 3011'9_1411 PEACOCK TREE FARMS WEST ue C/O BUREll & ASSOCIATES PO BOX 430340 M1AMI,FL 3324~0340 TURNER GROVES CITRUS L TD PRTNR ATTN: RICH CHOMA ..t:ONSOLlOATED CITRUS LID Pll'fNR o METRO PKWY STE 250 JRT MVERS.Fl 3391&--9409 Etiquettes fa~i1es 11 pele' . I I .. ",- Feea Paper - Bend along line to I expose Pop.Up Edge TN l BARRON COLLIER PARTNERSHIP 2600 GOLDEN GATE PKWY NAPLES,FL 34105-3227 CCW62 LLC 2170 l.OGAN BLVD N NAPLES.FL .34119-1411 CCW62 LlC 2170 lOGAN BLVD N NAPLES.FL 34119-141' PEACOCK TREE FARMS WEST LLC C/O BURELL & ASSOCIATES PO BOX 430340 M1AM1,Fl 33243--0340 A. Replie% a la hachure affn de 1 Cane: ~.. Agenda Item No, 17D November 9.2010 @ ~R'V~f s15~e 1 BARRON COlLIER PARTNERSHIP 2600 GOLDEN GATE PKWY NAPLES,FL 3.4105-.3227 CCW82 u.c 2150 LOGAN BLVD N NAPLES,FL 34119-1411 MILLER. BETTYE Z ROBERT M=-& SARAH B BEHR BEHR & NOLTE INC PO BOX 728 LABELLE.FL 33975--0728 TURNER GROVES CITRUS L TO PRTNR A TTN: RICH CHOMA CONSOLIDATED CITRUS LTO PRTNR 4210 METRO PKWY STE 250 FORT MYERS.FL 33916.-9409 D re@~uv~ n MAY 1 3 2010 U www.avery.com Agenda Item No. 17D November 9,2010 Page 133 of 373 Frangipani Agricultural Community Civic Association 'Mr. Greg Bower, President 512 F~angipani Avenue Naples, Florida 34117 Mr. Douglas L Rankin Moorings Professional Building 2335 Tamiami Trail North, Suite 308 Naples, Florida 34103 Golden Gate Estates Civic Association Ms. Peggy Whitbeck PO Box 990596 Naples. Florida 34116 lrnmokalee Civic Association Mr. Leo Rodgers 502 E New Marker Road lmmokalee, Florida 34142 lmmokalee Rotary Club Mr. Richard Rice PO Box 5274 lmmokalee, Florida 34143 Immokalee Water and Sewer District Ms. Eva J. Deyo 1020 Sanitation Road lmmokalee, Florida 34142 Agenda Item No. 170 November 9, 2010 Page 134 of 373 AFFIDA VII OF COMPLIANCE J hereby certify thal pUl.uantto Ordinance 2004-72, oflhe Collier County Land Development Code, I did give notice by mail to the following prope11Y owners and or condominium and civic associations whose members may be impacted by the proposed land use changes of an application request for a rezoning. PUD amendment. or conditional use, at least 10 days prior to the scheduled Neighborhood Information Meeting. For the purposes of this requirement, clu! names and addresses of properlY owners shall be deemed those appearing on the latest tax r,,1/s afCollier County and any other persons 0" entities who have made a formal requesl ofrhe county 10 be notified. The said nonce contained the laymen's description of the site property of proposed change and the date, time and place of a Neighborhood Information Meeting. Per attached letters and or property owner's list, which are hereby made a pa11 of this Affidavit of Compliance l~~ State of Florida County of Collier The foregoing Affidavit of Compliance was acknowledged before me this 22nd day of Auril, 2010 by Patrick Vanasse, who is norsonallv known to me or who has produced ,.-', .-; '; NAPLES DAILY NEWS Published Daily Naples, FL 341 02 Affidavit of Pub] State of Florida Counties of Collier and I Before the undersigned they serve i appeared Tracy Reeve, who on 0' as the Senior Accountant of the Na a daily newspaper publ;,hed at ~ Florida; distributed in Collier and the attached copy of the adverti,i PUBLIC NOTICE in the matter of PUBLIC NOTIC w"' published in said newspaper on April 29, 2010 Affiant further says that the said Naples published at Naples, in said Collier Coun newspaper has heretofore been continuo County, Florida: distributed in Collier and ~cn day and has been entered as second c office in Naples. in said Collier County, year next preceding: the: first publicatio adw:rrisemt:nt; and affianl further says th promis~ any person, firm or cOTJlorati commission or refund for the purpose of s publication in the said newspaper. Sworn to and subscribed before me- This 30th day of April, 2010 . f. (Signature of notary public) J(AROl E I Agenda Item No, 170 November 9, 2010 Page 135 of 373 NEIGHBORHOOD INFORMATION MEETING The public i,s invited to attend a Neighborhood Information Meeting held by Cemex Construction Materials Florida, LLC repr"sented by Robert Mulhere of RWA, Inc. on: Thursday, May 6, 2010 at 5:30pm Career_and Servioe Centers of Southwest FIQrida 750 South 5th Street, Immokalee, Florida 34142 Subject Property: The subject property, consisting of approximately 898 acres, is located on the north side of SR82, approximately 1.2 miles west of 'the intersection with SR29, in Section 6 and ?-, Township 46 South, Range 29 East, Collier County, Florida. . . , .," .... 1 _. .! ~.. .. .~ "L .. ;lIC" , , / -'-F- --=.-'" ,. The property owner is petitioning C!>/lier County to aliow for extraction or earth mining and related processing and production not incidental to the agri- cultural development of the property in the Agricuitural (A) Zoning District, as specified in Section 2.03.01.A.1.c. 1 of the Collier County Land Oevelopment Code (LOG) for a' project to be kn?wn as Immokalee Sand Mine. ' WE VALUE YOUR INPUT " Business and property owners, residents and visitors are welcome to attend the presentation and discuss the project with the owner/developer and Col- 'iier County staff. If you are unable to attend this meeting: but have questions or comments, they can be directed by mail, phone, fax' or e-mail by June 6, 2010. Please reference Petition CU-2008-AR-14078 in your Inquiry. Kay Oeselem, AICP, Principal Planner Oivision of Community Oevelopment and Environmental Services 2800 North Horseshoe Orive Naples, Florida 34104 239-252-2931 Fax: 239-252-6357 KayOeselem@coliiergov.net No. 231175490 Anri1 29 201 n NAPLES DAILY NEWS Published Daily Naples, FL 34 J 02 Affidavit of Publication State of Florida Counties of Collier and Lee Before the undersigned they serve as the authority, personally appeared Trncv Reeve, who on oath says that she serves as the Senior Accountant of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advenising. being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said newspaper on April 29,2010 time in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples. in said Collia County, Florida. and thai. the said newspaper has heretofore bero continuously published in said Collier County. Florida: distributed in Collier and Lee counties of Aorida. each day and has been entered as second class mail matter at the post office in Naplcs, in said Collier County, Florida. for a period of J year nexl preceding the first. publication of the attached copy of advertisement; and affiant further says fuat he has neither paid nor promisecl any person, firm or corporation any discount. rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed before me This 30th day Of{riI, 2010 (Signature of notary public) "......" "";1-1''1' "1.1;";, KAROL E KANGAS $+0. '~/0~ ~.: . :. ~ Notary Public. Stale of Florioa ~"). ~\ .. so"r: My Camm. Expires Ju129. 2013 "':::'~(", r"\,~"", Commission;; DD 912237 ,,,,,II Agenda Item No. 170 November 9,2010 Page 136 of 373 ING 11 operations, As an MEA/CPA , . lDsive skills in auditing. govern- Meeting held by anjzationsforaglobillaccounting: Robert Mulhere 'rgia offers zero-based budgeting . r financial solutions to prevent tax' increases that threaten our future." lricla lcent years, America has experi- .142 ancial upheaval caused by Fannie ldieMac, incompetent~ banks 'Proximately 898 $S federal ~tors, Opac;lty. not 1,2 miles west of ncyruled the day and pteClpltated 'ad, personal financial distress, In South, Range 29 ounty, Hiller represents "financial . " in her support of clerk of courts tty auditor, Dwight Brock; In his ,attle against certain C\>unty com- rs who champion "financial dark- i fearfully oppose the auditing of ~I accounts. is both dedicated and uniquely,' he.will represent District 2 with and cournge. No wonder her sup- 'pounds day by day,. - ran McKeag Naples ., r skid stuff ! Daily News: . 'ely hope those folks clampring for ig in our.Gulf are paying attention . happening in Louisiana. eling the ciock:yvise rotation of the ents,'we inSouthwe"t Florida will not tp be scrap~ this piess off for ~x:tractlori or hes - not to mention .dff our reet ental to th '_ es, a la 'east-coast Florida. . 0' 7 agn I )mng Istnct, as -:- Jedr Bebllug nd Oe;veiopment Naples line, l1at counts Daily N<:ws;' . . . llcome to attend S on.the ,dea of an actIve central governIIjent by some letters to ,eloper and ~Ol- , demoDstrate a laCk ofloiowledge t have questions lormous positive roie.the feder3l -mail by June 6, .ent has played in the economic nquiry, Union forces officially took possession"t 1Ile8DS, . , ces ,lots broke out in Los Angeles after . :e officers were acqUitted of beating illig, ' President GBOIge W. Bush and VICe .t Dick Cheney met with the 9/11 Com n.cias.edhearinas._ Aorll2.9 2010 Agenda Item No. 170 November 9, 2010 Page 137 of 373 Cemex Construction Materials Florida. LLC Conditional Use AJlPlication CU-2008-AR-14078 PUBLIC MEETING I Sign-in Sheet I Date: Time: Location: May 6, 2010 5:30 p.m. Career and Service Centers of Southwest Florida Name Address Phone J)/VIN VjCkI\" /Soo M CJrU !L.(3 EST: o .l1yet.:. .2 '3 "1 -J:i--'3 '3- 8- 32 wg~~ , :;';;'D0 ~~~Lp.:Jf....~,\='L Co 4-:? . :s 'S 4-~.3 .---. ) Agenda Item No. 170 November 9, 2010 Page 138 of 373 DlXT ^ D<C ~~:lil- CONSULTING Engineerinc ..... ""' '.L. ..L SUTVe)'ing Immokalee Sand Mine Conditional Use Application Exhibit B Narrative and Response to Evaluation Criteria CU-2008-AR-14078 REV: 1 IMMOKALEE SAND MINE Project: 2006010087 Date: 12/23/08 DUE: 1/26/09 Project Overview The subject property encompasses approximately 898:1: acres In Eastem Collier County. The subject property, called the Immokalee Sand Mine (ISM), is located on the-north side of SR 82, approximately one mile west of the intersection of SR 82 and SR 29. The current use of the property is agriculture, specifically citrus groves and row crops. The proposed use is a sand quarry with ancillary facilities. Crop fields and agricultural activities will be gradually phased out as the subject property is mined. Reclamation of the mine will be conducted in accordance with Chapter 62C-39 of the Florida Administrative Code. The sand material which will be mined from the subject property is unique to this location and is not found ubiquitously throughout Collier County - sand, like other mined resources is site- specific. The sand available at this site is particularly valuable for two reasons. First, it is of a coarse gradation, which is more desirable and has many applications, including road construction, concrete manufacturing, and the making of glass. Second, the depth of the sand deposit is rare in Florida. Preliminary estimates indicate the sand resource runs deep at this location. This operation will produce high quality material within Collier County, minimizing the hauling distance to deliver such material to both private development and planned public sector improvements in the region. Additionally, the ISM is located on a collector road (SR 82), close to the intersection with and a major arterial (SR 29). Because of this connectivity to the regional transportation network, the resource will be easliy distributed throughout the region and will supply demand in eastern Collier, southern Lee, and western Hendry Counties. The sand mine is an permitted conditional use within the agricultural zoning district and "open" designation of the RLSA. There are few, if any, other locations in Collier County that can yield similar material, to such depth, where earthmining is a permitted use. The project site has been impacted by agriculture for decades and is still in active agricultural use. The proposed sand mine is compatible with surrounding properties, which are also currently use for agriculture production. There is no development nearby. No substantive habitat or wetlands exist on site, with only 1.5 percent of the site covered by native vegetation. The ISM will be developed in full compliance with federal, state, and local regulations and will obtain all necessary permits. Due to the unique qualities of the sand resource, its depth and limited distribution in Collier County, the lack of significant environmental features on site, the compatibility of the sand mine with surrounding properties, and the consistency of the proposed use with Collier County policies and regulations, the sand mine is an appropriate and desirable use for the subject site. For further discussion, see the specific responses to the evaluation criteria, below. 1 5:\2008\080095.00.00 Immokalee Sand Mine\0006 Conditional Use App Prep\2008.10-17 ISM CU App Narrative(PV).doc D\XT.A"'C. Planllillog Vl5ualiUlliOll CONSULTING Engi~ril'l& ...L. "" '.I.. .... Surveyinl Agenda Item No. 170 November 9, 2010 Page 139 of 373 Exhibit B Evaluation Criteria a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): The future land use designation of the site is Agriculture, Rural Mixed Use. It is also located within the Rural Lands Stewardship Area (RLSA) Overlay, and is designated as "open" lands on the RLSA o.vertay Map. The zoning-is Agriculture (A) within the Mobile Home..overlay (MHO). Surrounding properties are similarly zoned and are also used for agriculture. The northern boundary of the subject site coincides with the boundary between Collier and Hendry Counties. This application is submitted in compliance with the Agriculture zoning and baseline standards, not as part of the RLSA program. The proposed earthmining use is permitted as a conditional use. The maximum extent of proposed excavation wilt be approximately 589 acres. The estimated life of the mine is 35 years. Phasing of excavation is shown on the conditional use site plan submitted with this application, and includes ten phases. For specifics regarding mine operation and impacts to environmental features, please consult the Environmental Impact Statement (ElS), included with this application (Exhibit H). For specifics regarding the transportation impacts of the project, please consult the Traffic Impact Statement (TIS), also included with this application (Exhibit K). The proposed use is consistent with the Goals, Objectives, and Policies of Growth Management Plan and with the Land Development Code. Specifically, it is consistent with the following provisions: Consistencv with the Future Land Use Element (FLUE) The proposed sand mine/earthmining operation is consistent the Future Land Use Element and its Goals, Objectives, and Policies, as detailed in the following table. Policv Consistencv IComoliance II. FLUE The Agricultural/Rural Land Use Designation The subject site is designated as is for those areas that are remote from the Agricultural/Rural Land and the proposed use existing development pattern, lack public is permitted per the future land use facilities and services, are environmentally designation of the property. sensitive or are in agricultural production. ... The following uses and densities are generally permitted under this Oesignation .., j n' i. Earthmining, oil extraction and related processing; 2 S:\2008\080095.00.00 lmmokalee Sand Mine\0006 Conditional Use App Prep\2008-10-17 JSM CU App Narrative(PV).doc D\11 ^'NC.~~\i~iOn CONSULTING En1tincerina ..&.. '" '.L ..L Surveyinl Agenda Item No. 170 November 9, 2010 Page 140 of 373 Exhibit B Evaluation Criteria Policy Consistency I ComDliance Policv 5.4, FLUE New developments shall be compatible with The proposed use is compatible and and complementary to the surrounding land complementary to surrounding uses, which are uses, as set forth in the LEmd Development agricultural. The sand mine is of a similar Code (Ordinance 04-41. adopted June 22, intensity to agriculture, Both operations utilize 2004 and effective October 18,2004, as heavy machinery and generate truck traffic. amended). Noise levels and.hours of operation are similar. Residential developments are not adjacent to the site, with only one residence within one- half mile of the site. Mining best management oractices will be utilized. Policv 7.1., FLUE The County shall encourage developers and Access to the subject site is from SR 82, which property owners to connect their properties is a minor arterial road. Access to the site will to fronting collector and arterial roads, comply with intersection spacing requirements except where no such connection can be of the LDC, FDOT and the Corridor Access made without violating intersection spacing Management Plan for SR 82 (2007). requirements of the Land Development Code. PoliCV 7.2, FLUE The County shall encourage internal Only one access point onto SR 82 is proposed, accesses or loop roads in an effort to help with all traffic accessing the site via one reduce vehicle congestion on nearby entrance. This will reduce traffic congestion on collector and arterial roads and minimize the SR 82 and minimize the need for traffic need for traffic siqnals. sianals. Policv 7.3, FLUE All new and existing developments shall be No other development adjoins the subject site, encouraged to connect their local streets and interconnections with adjacent sites would and th'eir interconnection points with be inappropriate, given the nature of the adjoining neighborhoods or other proposed use. develooments reaardless of land use tvoe. Policv 4.1., FLUE, RLSA Overlay Collier County will encourage and facilitate The proposed use will encourage economic uses that enable economic prosperity and prosperity and diversity by providing a viable diversification of the economic base of the commercial enterprise. RLSA. ... Policv 5.5, FLUE, RLSA Overlav For those lands that are not voluntarily The subject property is not within a Habitat included in the Rural Lands Stewardship Stewardship Area, Flowway Stewardship Area, program, non-agricultural development, or Water Retention Area as depicted on the excluding individual single family residences, Rural Lands Overlay Map. The ISM complies shall be directed awav from the listed with this oolicv bv orovidina a wildlife survev 3 5:\2008\080095.00.00 lmmokalee Sand Mine\0006 Conditional Use App Prep\2008-JO-17 15M CU App Narrative(PV).doc D\XT.A'NC. Phumillg Vir.ullll:tlltlon,. CONSULTING En~incerin8 ..a.. '-, ".L .1 Snrveyinl: Agenda Item No. 170 November 9. 2010 Page 141 of 373 Exhibit B Evaluation Criteria Policv Consistency I Comoliance species and their habitats... and wildlife management plans, as required, to - .__.....-_.~- -~._-'-- ._-- ensure that development is directed away from listed species and their habitats. The needs of wildlife are addressed through inclusion of a :l:600'-wide wildlife corridor along the north property line, which will enable wildlife to safelv traverse the site. iii. When listed species are directly observed The proposed project preserves existing native on site or indicated by evidence, such as vegetation on the property in accordance with denning, foraging, or other indications, a the minimum standards specified in Policy minimum of 40% of native vegetation on 5.5.2.a.iii of the RLSA Overlay portion of the site shall be retained, with the exception of FLUE. The proposed on-site preserve will clearing for agricultural purposes. protect and preserve 42% (5.6 acres) of the existing native vegetation areas currently present on the property. An additional 14.3 acres within this preserve currently do not classify as native vegetation. These areas will I be enhanced and restored (via eradication of I exotics, regrading, and planting of native I species), such that they will also classify as . native vegetation upon completion of the I enhancement and restoration activities. In ! addition, approximately 7.7 acres of native wet ! prairie at the southern edge of the property . i will also be retained. This area was not included in the native habitat preserve due to the isolation that will occur between the mine and the road and because of unknown impacts that will likely occur to this area when I imDrovement are done to State Road 82. I Policv 5.6. FLUE. RLSA Overlav For those lands that are not voluntarily None of the wetlands to be impacted has a included in the Rural Lands Stewardship UMAM score of 0.65 or greater. Their current program, Collier County shall direct non- UMAM functional scores range from 0.27 to agricultural land uses away from high I 0.43. None of these wetlands serve as functioning wetlands by limiting direct I corridors for listed species movement and they impacts within wetlands. A direct impact is are not part of larger wetland f10wways (all are hereby defined as the dredging or filling of isolated). The affected wetlands are not a wetland or adversely changing the utilized by any listed wading birds to a hydroperiod of a wetland. significant degree and certainly do not represent critical habitats for any listed species. (The proposed stormwater management system is discussed in the EIS, . Exhibit H.) 4 5:\2008\080095.00.00 Immokalee Sand Mine\0006 Conditional Use App Prep\2008-!D-17ISM CU App Narrative(PV).doc D\XT^n<C~=~iOO CONSULrn.NO EnBineerlnz ..L "-, 'Ji.. .L Surveying Agenda Item No. 170 November 9,2010 Page 142 of 373 Exhibit B Evaluation Criteria Policv Consistencvl ComDIiance Policv 5. 6.3. e.. FLUE. RLSA Overlav The County shall separate preserved The wetlands retained and preserved on the wetlands from other land uses with mine property will be appropriately buffered appropriate buffering requirements. The from the development activities. These buffers County shall require a minimum 50-foot or setbacks are at least 25 feet wide (distance vegetated upiand buffer abutting a natural from limits of construction/development to water body, and for other wetlands a wetland limits), which is appropriate according minimum 25-foot vegetated upiand buffer to County and state requirements. abutting the wetland. A structural buffer may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required abutting wetlandswhere direct imoacts are allows.... Policy 5. 6. 3. f., FLUE, RLSA Overlav Mitigation shall be required for direct On-Site mitigation will be provided to address impacts to wetland in order to result in no wetland impacts of the project. The mitigation net loss of wetiand functions. program will take place in the areas designated as on-site mitigation areas that total about 20.3 acres, 5.6 acres of which are existing wetlands. Wetland enhancement, restoration, and creation activities, as well as upland enhancement activities in the mitigation areas, will expand the extent of wetlands to approximately 20.5 acres and will substantially improve the wetland functional values. The UMAM assessment performed for the project indicates the increase in wetland functions resulting from the on-site mitigation program will exceed the wetland functions lost through the project's wetland impacts. Hence, the project will result in no net loss of wetland functions. Instead, there will be a net gain in wetland functions derived from mitiaation. 5 5:\2008\080095.00.00 Immokalee Sand Mine\0006 Conditional Use App Prep\2008-10-17 ISM CU App Narratlve(PV).doc D'XT.A"'C. Plnnning Vi.~ull.Il1.ation CONS UL 1'lNG Engineennfl ..... ....., '.L .L SIITYl'yil1.1 Agenda Item No. 17D November 9,2010 Page 143 of 373 Exhibit B Evaluation Criteria Consistency with the Conservation and Coastal Management Element (CCME) Policv Consistency / Compliance Policv 6.1.4 Prohibited invasive exotic vegetation Prohibited exotic vegetation will be eradicated shall be removed from all new from areas to be developed in accordance with developments. LDC Section 3:05.08. Specifics of the eradication/ removal program and exotic vegetation maintenance plan will be addressed at the time of Site Development Plan approval for the project. Both Category 1 and 2 invasive exotics identified in the Florida Exotic Pest Plant Council's (EPPC) "List of Invasive Species" will be eradicated and controlled in. the proposed on-site preserve, in general accordance with LDC Section 3.05.07.H.1.o.ii. Policy 6.2.1 As required by Aorida Administrative Code The limits (boundaries) of existing wetlands 9J5-5.006(1)(b), wetlands identified by the present on the project lands were delineated in 1994-95SFWMD land use and land cover the field by qualified Turrell, Hall & Associates, inventory are mapped on the Future Land Inc. ecologists using the appropriate wetland Use Map series. These areas shall be delineation methodologies (see EIS Section verified by a jurisdictional field delineation, E.i). Following completion of this jurisdictional subject to Policy 6.2.2 of this element, at field delineation, the wetland flag locations the time of project permitting to determine used to delineate the wetland boundaries were the exact location of jurisdictional wetland survey-located by RWA, Inc. As delineated, boundaries. there are 5 isolated wetlands, 3 other surface waters (man-made ponds), and severai ditches present on the Mine property. The wetlands encompass a total of approximately 15.5 acres while the OSW and ditches encompass 2.6 acres and 30.1 acres respectively. FDEP will be the agency responsible for processing the Mine project's ERP application. FDEP will "verify" the wetland limits delineated by Turrell, Hall & Associates, Inc. during the ERP review process. Any minor revisions to the wetland limits required by FDEP will be reflected in materials submitted to the County as part of this project's SDP approval application. It is not anticipated that any substantive changes to the wetland limits deoicted in the EIS exhibits will be necessarv. 6 5:\2008\080095.00.00 Immokalee Sand Mine\0006 Conditional Use App Prep\2008-10-17 ISM CU App Narrative(PV).doc D\XT^'NC\i,~~t.. CONSUI~TINO Engineeril'la ..&.. '-, 'L .A.. SurveYIng Agenda Item No. 170 November 9, 2010 Page 144 of 373 Exhibit B Evaluation Criteria -.--.- '.. . .. - . - Policy .. - Consistency/Compliance Policy 7.1..3 . _. ~'.', '"F ".. .F'"'.=_'....,~-="...................'r.'.."...... ~. - -. ... ___.n ,.~, "-"--"--..~ ----" .", --....,..,.~ For the County's Rural Lands Stewardship Pursuant to RLSA policies, impacts to listed Area (RLSA) Overlay, as designated on the species are being addressed through FLUM, listed species shall [be] protected completion of wildlife surveys, the creation of pursuant to the RLSA policies found in the wildlife management plans, and the Future Land UseEiement. preservation of a :I:600'-wide wildlife corridor to allow wildlife to safely traverse the site. Policy 7.1..4 All development shall comply with Development of the proposed project will applicable federal and state permitting require an Environmental Resource Permit requiremen~ regarding listed species (ERP) from FDEP and a Section 404 permit protection. from the US Army Corps of Engineers (USACE). Coordination with the Florida Fish and Wildlife Conservation Service (FWC) concerning state listed species will occur during the ERP permitting process while coordination with the US Fish and Wildlife Service (FWS) concerning federal listed species will occur during the USACE permitting process. The applicant will cornpiy with the specific listed species protection and habitat management requirements required by the ERP and USACE permits, induding any FWS take permit reauirements if aDDlicable. 7 5:\2008\080095.00.00 lmmokalee 5and Mine\0006 Conditional Use App Prep\2008-10-1715M CU App NarraUve(PV).doc D" T.AlNc. Pb.nfl\/lf Visu:l.liUllion CONSULTING En&inwin! ..... '-, l.L ~ Surve)'inll Consistency with the Transportation Element Policv Policv 5.1: The County Commission shali review ali rezone petitions, SRA designation applications, conditional use petitions, and proposed amendments to the Future Land Use Eiement (FLUE) affecting the overali countywide density or intensity of permissibie development, with consideration of their impact on the overali County transportation system, and shali not approve any petition or application that would directly access a deficient roadway segment or if it impacts an adjacent roadway segment that is deficient, or which significantly impacts a roadway segment or adjacent roadway segment that is currently operating and/or is projected to operate below an adopted Level of Service Standard within the five year planning period, unless specific mitigating stipulations are also approved. ... Agenda Item No. 170 November 9,2010 Page 145 of 373 Exhibit B Evaluation Criteria Compliancel Consistency . .. -- .- - The proposed sand mine will generate six hundred (600) roundtrip truck trips per day on the subject site. This translates to 86 truck trips in the PM peak hour of the adjacent street. Based on the ITE Trip Generation Manual, the 86 Peak Hour truck trips (PM) are the equivalent of 146 peak hour (PM) passenger car trips. After accounting for empioyee and vendor traffic, the subject site will generate the equivalent of approximately 154 passenger car trips in the PM peak hour. Access to the site is proposed to be provided to SR 82 via a full median opening (ID #54 in the SR 82 Corridor Access Management Plan). The TIS concludes that, given existing conditions and planned improvements, the project does not adversely impact SR 82. Turn lanes to serve the project will be required. Based upon the findings of the TIS, the proposed conditional use is consistent with the applicable Goals, Polices and Objectives of the Transportation Element of I the GMP, particularly Policy 5.1, as it relates to concurrency. Further, the site development plan review will provide greater construction level detail, demonstrating compliance with the applicable GMP and LDC reo u I remen ts. S:\2008\080095.00.00 lmmokalee Sand Mine\0006 Conditional Use App Prep\2008-10-17 ISM CU App Narrative(PV).doc 8 DlXT^"'~~~:~"on . CONSULTING ~iuccriI1& .&.. '-, , .L JL. SllIve.yinl Consistency with the Economic Element Poll OBJECTIVE 3 (New and Existing Industries : Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base. Agenda Item No, 170 November 9,2010 Page 146 of 373 Exhibit B Evaluation Criteria The proposed sand mine is a viable economic enterprise that will further the intent of this policy, The proposed use will provide employment to Collier County residents and will provide secondary economic benefits by providing a local source of material used in numerous construction roducts. 5:\2008\080095.00.00 Immokalee Sand Mine\0006 Conditional Use App Prep\2008-10-17 15M CU App Narrative(PV).doc 9 D\XT.AINC Planning ViF.Ullliulion CONSUL TINO ?nginllCrin8 ..&.. "'" '.L ..a... Surveymg Agenda Item No. 170 November 9.2010 Page 147 of 373 Exhibit B Evaluation Criteria Consistency with the Public Facilities Element Natural Groundwater Aquifer Recharge Sub-Element -'----- .---.---- Poli Policy 2.2: Non-agricultural developments requiring an Environmental Resources Permit from the South Florida Water Management District (SFWMD) shall preselVe groundwater recharge character/sties as required by the SFWMD and as set forth in the SFWMD's Basis for Review, dated JanuaT}' 2004 and as regularly updated. Ground water recharge shall also be protected through the application of the retention/detention requirements and allowable off-site discharge rates for non- agricultural developments specified in Policies 6.2 and 6.3 in the Draina e Sub-Element. Com The applicant intends to fully comply with this policy and is preparing an ERP application that will be submitted to the SFWMD in the near future. The ERP will address both groundwater recharge and off- site stormwater discharge, in accordance with SFVVMO regulations and this policy. 5:120081080095.00.00 lmmokalee Sand Minel0006 Conditional Use App PrepI2008-10-17ISM CU App Narrative(PV).doc 10 D\XZA"'C' Plllfmina VuliJ.:llinn CONSULTING Enginecrinll ..&.. "" ,.I.. ..a.. SUl'Yc)'ing Agenda Item No. 170 November 9,2010 Page 148 of 373 Exhibit 8 Evaluation Criteria Consistency with the Land Development Code (LDC) The proposed use is permitted in the agriculture zoning district as a conditional use per LDC Section 2,04.03, Table of Land Uses in Each Zoning District. Native vegetation and wetlands will be preserved and impacts to wetlands have been mitigated in accordance with Section 4.08.05, Baseline Standards, of the Land Oevelopment Code. 4.0B.tJ5 Baseline Standards J. Standards applicable outside the ACSC. Except to the extent superseded by L. or M, See the Environmental Impact Statement below, the following standards shall apply to (EIS), prepared by Turrell, Hall, & Associates, all development within those areas of the for further discussion of the project's RLSA District that are outside of the ACSC, compliance with these regulations. other than agricultural operations that fall within the scope of sections 163.3162 (4) and 823.14 (6), F.S., and single family residential dwellings, unless or until such lands are subject to transmittal or receipt of Stewardship Credits: 1. A wildlife survey, as set forth in Chapter A thorough survey for listed plant and animal 10, shall be required for all parcels when species as well as for other wildlife was listed species are known to inhabit biological conducted by Turrell, Hall & Associates, Inc. communities similar to those existing on site This survey is discussed in Appendix B of the or where listed species are directly observed EIS. The listed species observed by Turrell, on the site. Hall & Associates, Inc. on the project lands included wading birds (little blue heron, snowy egret, tricolored heron, wood stork), alligators, crested caracara, and Florida. sandhill cranes. A specific-purpose survey for crested caracaras and their nests will need to be performed during the proper survey season (January through March). See the EIS for additional information regarding listed species. 2. If listed species are directly observed on The proposed project preserves existing the site of the project or are indicated by native vegetation on the Mine property in evidence, such as denning, foraging, or other accordance with the minimum standards indications, first priority shall be given to specified in Policy 5.5.2.a.iii of the RLSA preserving the habitat of such listed species a Overlay portion of the FLUE. This policy minimum of 40% of native vegetation on site requires at least 40% of the existing native shall be retained, with the exception of vegetation to be retained. The proposed on- clearing for incidental purposes. site preserve will protect and preserve 42% (5.6 acres) of the existing native vegetation areas currently present on the Mine property. An additional 14.3 acres within this oreserve 11 5:\2008\080095.00.00 Immokalee 5and Mine\0006 Conditional Use App Prep\2008-10-17 ISM CU App Narrative(PV).doc D\XT.A""C l'lalll'lilll Vi~uali1.11tion CONSULTING Engineering ..&. ...., '.L .1 SUNeying .Agenda Item No 170 November 9,2010 Page 149 of 373 Exhibit B Evaluation Criteria currently do not classify as native vegetation. These areas will be enhanced/restored (via --.--- ._~-_. . . eradication of' exotics" regrading,_and_planting of native species) such that they will also classify as native vegetation following completion of the proposed enhancement/restoration activities. 3. If the wildlife survey indicates that listed A wildlife management plan has been species are utilizing the site, or the site is submitted as part of the EIS. Please see the capable of supporting and is likely to support EIS for the wildlife habitat management plans. listed species, a wildlife habitat management I plan shall be prepared and submitted to the Countv. . M. Standards applicable to wetlands outside of FSAs, HSAs, WRAs, and the ACSC. Wetlands located outside of FSAs, HSAs, WRAs, and the ACSC shall be preserved in accord with the following criteria: 1. The vegetative preservation None of the wetlands to be impacted has a requirement set forth in ).2. above shall first UMAM score of 0.65 or greater. Their current be met through preservation of wetlands , UMAM functional scores range from 0.2.7 to having a functionality assessment score of 0.43. See the EIS for additional discussion of 0.65 or greater. Applicants shall establish the the quality and size of preserved wetlands. wetland functionality score of wetlands using I the South Florida Water Management District's Unified Wetland Mitigation I Assessment Method, FAC. 62-345. Upland vegetative communities may be utilized to ! meet the vegetative, open space, and site i preservation requirements when the wetland i I functional assessment score of on-site wetlands is less than 0.65. 2. Wetlands utilized by listed species or None of the wetlands serve as corridors for serving as corridors for the movement of listed species movement and they are not part listed species shall be preserved on site. of larger wetland f10wways (all are isolated). Wetlands on site are isolated. See the EIS for additional discussion. 3. Wetland flowway functions through None of the wetlands serve as corridors for the project shall be maintained. listed species movement and they are not part of larger wetland f10wways (all are isolated). See the EIS for additional discussion. J 12. 5:\2008\080095,00.00 Immokalee Sand Mine\0006 Conditional Use App Prep\2008-1O-17 ISM CU App Narratlve(PV).doc D'XT.AlNC. P1Mnins Vbualwlion CONSULTU~O Enllineerill& ..L 'trr.. , 'L .s.. Sllrvc)'inl 4. Ground water table drawdowns or diversions shall not adversely change the hydroperiod of preserved wetlands on or off- site and detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order . to meet these' requirements, projects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review Januarv 2001. 5. All direct impacts shall be mitigated for as required by applicable federal or state agencies and in the same manner as set forth in section 4.06.04 of this Code. .,. 7. Appropriate buffering shall be provided to separate preserved wetlands from other land uses. A minimum 50-foot vegetated upland buffer is required adjacent to a natural water body and for other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. A structural buffer, consisting of a stem-wall, a berm, or a vegetative hedge with suitable fencing, may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width by 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allowed. ... Agenda Item No. 170 November 9,2010 Page 150 of 373 Exhibit B Evaluation Criteria The location of preserved wetlands was designed to ensure that the hydroperiod of these wetlands would not be adversely impacted. The proposed stormwater management system for the project is designed in accordance with Sections 4.2.2.4, 6.11, and 6.12 of SFWMD's BOR, and thus will not create water table drawdowns-in off-site wetlands or otherwise degrade the natural hydroperiod of off-site wetlands. See the EIS for additional discussion. Development of the proposed project will impact two of the existing wetlands on the property; hence three wetland areas will be preserved or retained on-site. The completely impacted wetlands total approximately 1.2 acres and an additional 0.2 acres of W-5 will be impacted as part of the mitigation. The proposed mitigation program for the Mine project will include preservation and enhancement of 5.6 acres of existing wetlands within the mine boundaries, and the retention of another 7.7 acres on the property. This program also includes restoring/creating an additional 14 to 15 acres of wetlands in the mitigation area that presently do not exist. Thus, following completion of mitigation, a total of approximately 20,5 acres of wetlands wiil be preserved in the preserve area and another 7.7 acres will be retained on the property. See the EIS for additional discussion. Vegetation buffers are provided at a minimum width of 25 feet, as shown on the site plan and as discussed in the EIS. 5:\2008\080095.00.00 Immokalee 5and Mine\0006 Conditional Use App Prep\2008-10-17 15M CU App Narrative(PV).doc 13 D'X~^!NC. Plannin. Vj5Ulllw.tioll CONSULTING En,iflccrini ...L. '-, 'L ...... S\rrveyinl 8. Mitigation Requirements. Mitigation shall be required for direct impacts to wetlands, such that the wetland functional score of the mitigation equals or exceeds the wetland functional score of the impacted wetlands. Agenda Item No. 170 November 9,2010 Page 151 of 373 Exhibit B Evaluation Criteria The UMAM assessment indicates that the UMAM score for the five on-site wetlands ranges from 0.27 to 0.43 and that the total functional value of the 1.4 acres of wetlands to be impacted is 0.51. Since a portion of wetlands W-1 and W-5 will be secondarily impacted, the value of the total wetland functional loss that will occur as a result of the project's wetland impacts is slightly higher at 0.77. The UMAM assessment further indicates that the net functional gain, or "lift", that will result from conducting the proposed mitigation activities is projected to be at least 11.06. Since the net increase in wetland functional values derived from the mitigation program (11.06) far exceeds the wetland functional values that will be lost as a result of the project's wetland impacts (0.77), the proposed project wetland mitigation program will fully compensate for the proposed project wetland impacts. S:\2008\080095.00.00 Immokalee Sand Mine\0006 Conditional Use App Prep\2008.10.17 ISM CU App Narrative(PV).doc 14 D'l~^1NC. PlMminl Vlcua1l7.1llion CONSULTlNG EnJline.erillJ ..... '-, '.L .L SUl'Vt)'in, Agenda Item No. 170 November 9,2010 Page 152 of 373 Exhibit B Evaluation Criteria b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and controll and access in case of fire and catastrophe: The subject site is located approximately one mile west of the intersection of SR 29 and SR 82 in Eastern Collier County. The site will be accessed off of SR 82 via a fuil median opening per tl1e SR 82 Corridor Access Management Plan. Right and left turn lanes will be constructed to serve the project and the length and overall design of the turn lanes will be determined by the Transportation Services Division. No other intersection or right-of-way improvements are necessary based upon the trip generation of the project. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glarel economic impact and odor: The subject property is in a remote rural area of the county and surrounded by agricultural lands (both zoned and used for agriculture), As a result, there will be no negative effects on neighboring properties associated with noise, glare, economic impact, or odor, as the proposed earthmining operation is not incompatible with agricultural uses. Additionally, some of the surrounding lands are owned by the same landowner or affiliated companies. d. Describe the site's and proposed use's compatibility with adjacent properties and other properties in the district: Again, the site is located in a remote rural area in eastern Collier County, and is surrounded by agricultural lands. The proposed earthmining use is compatible with surrounding agricultural lands. Given the location of the site, it is unlikely that there is a more appropriate location for this type of use. e. Please provide any additional information which you may feel is relevant to the request: The sand available at this site is unique for two reasons -- the gradation, which is of a larger, more desirable type, and the depth of the resource in this location, which is estimated to be approximately 100'. This type of sand is used in road construction and concrete manufacturing, among other applications. This operation will produce high quality material within Collier County, minimizing the hauling distance to deliver such material to both private development and planned public sector improvements. There are few, if any, other locations that can yield similar material, to such depth, where earth mining is a permitted use. 15 5:\2008\080095.00.00 Immokalee Sand Mine\0006 Conditional Use App Prep\2008-10-17 ISM CU App Narrative(pv).doc CU-2008-AR-14078 REV 4 IMMOKALEE SAND MINE ., .a'~'. Project: 2006010087 Date: 3/23/1 Ou [j DUE: 4/20/10 Agenda Item No. 170 November 9, 2010 Page 153 of 373 December 15, 2009 ~--,..n--puIledyour application after March 16th; and after March 16th, it wontt -- the fee won't kick in until you pull your excavation permit, which could be two years later from a conditional use. COMMISSIONER HENNING: Did the consultant talk to the industry and address their concerns? MR. CASALANGUIDA: The consultant spoke with staff, and then staff met with the industry, and their primary concerns was how they pay. They wanted to pay per truck instead of like the rest ofthe categories. COMMISSIONER HENNING: We were hearing arguments about the calculation of the fee. MR. CASALANGUIDA: The trip length was one issue that they discussed, and we talked about that. And the other was the cost-per-road factor that they brought up, our cost basis, and we said that will be clarified as part of our indexing as well, too. e COMMISSIONER HENNING: Mr. Klatzkow, does this buck a truck sound like affordable housing donations? MR. KLA TZKOW: The buck a truck program needs to stop. COMMISSIONER HENNING: Right. MR. CASALANGUIDA: We agree, We'll do a pavement-wear analysis and you'll get that number to look at, and it could be 20 cents, it could be $20, and the board can decide what they want to apply. COMMISSIONER HENNING: I think that's going to be very problematic too, myself. It almost sounds like contract zoning, just like the impact fee for affordable housing. Until the board adopts -- until there's a study and until the board adopts a fee, I don't see how staff can do exactions out of people that are petitioning their government for action. MR. CASALANGUIDA: Sir, I agree with you. COMMISSIONER HENNING: Okay. Well, that's fine. I mean, as long as we -- as long as we consider an analysis on a fee and staff is not trying to apply that fee, I'm okay it. Page] 38 ~ COLLIER COUNTY GOVERNMENT DFPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLIERGOV.NET 6968 Agenda Item No. 170 November 9, 2010 Page 154 of 373 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403.2400 FAX (239) 643. Cj> CU-2008.AR-14078 REV: 1 IMMOKALEE SAND MINE Project: 2006010087 Date: 12/23/08 DUE: 1/26/09 I CONDITIONAL USE PETITION PRE-APPLICA nON MEETING NOTES & SUBMITTAL CHECKLIST Date: 7J{o/O~ ..Time: 2-:3D Planner: II!) MAsS Project Name: {. J ~ ,'\M-J- ~.~ Project Addr/Location: (\' In of 7/ " tj' S j t. d- '1 '6 Applicant Name: f",t1Jd Ai ~~J 6f v1,. Phone: Firm: iZ (,.iff{ Current Zoning: A - Mjj-O Owner Name: Sf. ~ 1- -f, rN't $ I I ~ L P Owner Address: 10 &0 ~'t I~ .~J..L ~ne: Meeting Attendees: (attach Sign In Sheet) NOTES: !!CJI1?- AiJ,-Rtl.vt--rvllA-C- "":])63I(;./.hI-17c;AJ" A-J?l>Re-sS tt-I1P FL.vtr ~/(!.~IZ> / / 7./ ~ 7.1/ .t?Ir'>.V P7~PM=n;/-PA-JIJIJhn(- P.r..-A-,u /lloe~ (I.ofl2/D~~ ,... W':'J-pJ-/F", ~s Sr,ul'.... -/ S' "-"Iq;" . j' Iflt r(lfo - J~" I flr-d"".. fN.."(t"\, f!",ol'- v",.{..', c;>:i' $.t);; 1 Agenda Item No. 170 November 9, 2010 Page 155 of 373 CONDITIONAL USE (CU) APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET IN THE EXACT ORDER LISTED BELOW W/COVER SHEETS ATTACHED TO EACH SECTION. NOTE: INCOMPLETE SUMBITTALS WILL NOT BE ACCEPTED. #OF NOT REQUIREMENTS COPIES REQUIRED REQUIRED STANDARD REQUIREMENTS: , Cover letter briefly explaining the project ~I 20 .X:: Application (completed & signed) ./ 20 .)(" (download fram website for current form) *Additianal set if located in the Bayshore/Gateway Triangle .~ Redevelopment Area) 1 Addressing Checklist signed by Addressing 1 X- Pre-Application meeting notes " 20 ...... Conceptual Site Plan 24" X 36" plus (one 8 V, X 11 copy) - 20 )(-' Copies of Warranty Deed(s) ..; 2 X- Completed Owner/Agent Affidavits, Notarized " 1 X Environmental Impact Statement (EIS) * or exemption justification .,j 2 X Digital/electronic copy of EIS J I X Aerial photographs (taken within the previous 12 months min. scaled 5 X- l "=200'), showing FLUCCS Codes, Legend, cnd project boundary " Statement of utility provisions (with all required attachments & sketchesi 1 .X: Traffic Impact Statement (TIS), or waiver V 7 X Copy of Traffic Impact Statement (TIS) on CDROM 3 Historical end Archeological Survey, or waiver .J 4 X Copies of Slate and/or Federal Permits .J .x- Architectural Rendering of Proposed Structure{s) 4 .x Electronic copy of 011 documenls and plans (CDROM or Diskette) oJ / 1 X Boundary Survey ~ 2 ..x AffQ'f?Qbli{H,C)y:si~g-:9r.~co'np:mic-'Developtr)EmtCound,1 ,ProieclSJ ).( ." ' ' , 0 EDC "Fast Track" must submit approved copy of official application 2 K: 0 Affordable Housing "Expedited" must submit copy of signed Certificate of Agreement. PLANNER MARK IF NEEDED TO BE ROUTED TO REVIEWERS BELOW: Comments should be forwarded to the Planner prior 10 the due date SCHOOL DISTRICT (1) PARKS & REC - Murdo Smith (1) SUPERVISOR OF ELECTIONS (I) 0/ UTILITIES ENGINEERING - Zamira Deltoro (1) COMMUNITY PLANNING BAYSHORE/GATEWAY TRIANGLE COORDINATOR - Linda Bedlelyon (1) REDEVELOPMENT Executive Directar (1) Communications Towers Only: MOSQUITO CONTROL NAPLES AIRPORT AUTHORITY (1) COLLIER CO. AIRPORT AUTHORITY (1) CITY OF NAPLES, Robin Singer, Plannin 2 FEES: ~ .e:( I j( o Agenda Item No. 170 November 9, 2010 Page 156 of 373 Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the lost pre-app meeting shall not be credited towards application fees and a new pre- application meeting will be required.) Application Fee / $1 500 if filed in conjunction with a rezone petition Fire Code Review Comprehensive Pianning Consistency Review Estimated Legal Advertising Fee - CCPC Meeting Estimated Legal Advertising Fee - BCe Meeting (any over- or under-payment will be reconciled upon receipt of Invoice from Naples Doily News). $2,500.00 EIS Review, if required $1000.00 Listed or Protected Species survey review fee [when an EIS is not required) $4,000.00 $1 50.00 $300.00 $760.00 $363.00 ~nsportotion Fees, if required: K..J'-$500.00 Methodology Review Fee, if required o $750.00 Minor Study Review Fee, if required o $1,500.00 Major Study Review Fee, if r~quired ~J:f~~ ~ c,if-L ~ ~il~l4wn ['-"6 -B:::: ttlVWl " :'1J f8{ , !) \rrfruv~ o o Applicant/Agent Signature Dote 3 Conditional Use & Development of Regional Impact Agenda Item No. 170 November 9,2010 Page 157 of 373 I. Provide a map of all overlays, districts and zoning on the subject site and the surrounding properties. (i.e. CON, ST, PUD, RLSA designation, RFMU district, etc.) (LDC 2:03.05- 2.03.08; 4.08,00) 'A Comply with specific requirements per SSA stewardship easement or SRA development .' document/master plan. (LDC 10.02.13; 2.03.06; 4.08.06) 3. Submit a current aerial photograph and clearly delineate the subject-site boundary lines. If the site is vegetated, provide FLUCFCS overlay or vegetation inventory identifying upland, wetland and exotic vegetation. (LDC 10.02.03.B.l.d - e) 4. Clearly identify the location of all preserves and label each as "Preserve" on all plans. (LOC 3.05.07.A.2). 5. Provide calculations on site plan showing the appropriate acreage of native vegetation to be retained, the max. amount and ratios permitted to be created on-site or mitigated off- site. Exclude vegetation located within utility and drainage easements from the preserve calculations (LDC 3.05.07.B-D; 3 .05.07.F; 3.05.07.H.l.d-e). 6. Wetland line shall be approved by SFWMD and delineated on the site plan. (LDC 3.05.07.F; 1O.02.03.B.lj.) 7. Provide a wildlife survey and include the species specific wildlife habitat management plan on the site plan. The management plan shall include a monitoring program for sites larger than 10 acres. (LDC 3.04.00) 8. Provide a complete and sufficient EIS (and the review fee) identifying author credentials, consistency determination with the GMPs, off-site preserves, seasonal and historic high water levels, and analysis of water quality. For land previously used for farm fields or golf course, provide soil sampling/groundwater monitoring reports identifying any site contamination. (LDC ] 0.02.02) 9. Retained preservation areas shall be selected based on the criteria defined in LDC 3.05.07.A.3, include all 3 strata, be in the largest contiguous area possible and shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. (LDC 3.05.07.A.4) 10. Informational: Principle structures shall be located a minimum of 25' from the boundary of the preserve boundary. No accessory structures and other site alterations, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within 10' of the boundary unless it can be shown that it will not affect the integrity of the preserve (i.e. stem wall or berm around wetland preserve). Provide cross-sections for each preserve boundary identifying all site alterations within 25'. (LDC 3.05.07.H.3; 6.01.02.C.) 11. Provide the location, maintenance plan, and type of habitat of any proposed off-site preservatiOn/mitigation. (LDC 3.0S.07.F) -.- ',<. Wetlands within the RFMU District and the Urban Designated Area Lake Trafford/Camp " Keais wetland system shall provide an assessment of the value and function of the onsite wetlands (WRAP score). Direct impacts of development shall be directed away from high b:l) ~ .'~ - ~. ~ ~ =- o -:e ail u = ~ .....:. ,... -< f d) , ~. ~ s: r:J"J Z. i"'"l Z ~ 1?;0o(. ""', "'.J. :E u. o W I- <( Q ,~ ~ i w :E <( Z I- U W ... o ..: c... ~ 'S: CIl '" - C CIl E c.. o CIl > CIl a "'C c C .... - CIl C -> o III ... .!\! o ~ u Ill~ .: "" c 0 o E N "'C ..... .:;: o c - "'C C C CIl ~ .E .5!. .. C III c.. III CIl CIl a -T; VI "'C III <I: o :E '0 "'C :E ':;: JJ C a I c ~ to.. o M ~ N "t N lI'l N Ii! w Z Z < .... a.. a w z ~ Vi In <I: .... c ';: 0.. CIl a l!l 0:: '.. ..... In In'-' .. W '" a a <.. .... <I: :E I W .,. t.?J '" w $) co :E ;:) ~ I:"- Z V .j., w 0 <-,y'" Z l\J 0 '" r; ::t: Y-, N a.. \.r> (\J III \,'J .... a.. w a -- z Q:E VI'" :;:u:: Q .. >- 0 .... Z :::l o U fl ;j \$ J .. " z >~ {" ;: ," '- ';' ~ w !- CIl :E "ii .Q <I: E z "", ::l Z CIl C 0 ~ a.. j ... !2 '" N a; :> ~ N !2 l!! cc ii (l) '" 'S; ~ " o '0 ,.: W W I (f) ~ z CJ Ui Iii '" o ~ c: ~ '5 ~ <3 ... ;;L ~ -~ 9t -] -0 i'.l ~ ~ }- ~ '1 ~ ~ Q I r- ~ .::~ ~ ~ \ <( -'-1 r ~ -~jl ~~ ^'.d , j ()-. ffi \'- co N~~ ~ 'f~~ ~ N ~ I g VI r.~ a.. NN -i -:1 \:i 1) ~ ~ ~--- (] G ': "" (j i j ~ \jJ \ cD r\- 01 I I I- I a.. I~ -=~ ~~ ! ~ ~ 0 Q ~I~ ~ tl ~..:t r<( cl: 8 ~~-~J Ai~ r AL - I' IJ 1 11; ~ ~' ~ ~ :E ~ ~ ~F"'~ ~ c( \.., I I-:::,,j z '~Ji i ) (' ~f' - ~ .~ .LL':: \-- ~ 1 .. I I I 1 I 1 1 -. .. I I I I 1 I t I I I I I I , I , I J I I ... a ;;; aJ ,; ~ N e ~ co " <1l <J> ." ~ 1 u o " tJj uJ I (f) ?;; z l'J ~ <J> o ~ c: ~ :; s< o Agenda Item No. 170 November 9,2010 Page 160 of 373 PUBLIC PARTICIPATION REQUIREMENTS LOC 10.03.05 F. Applicant must conduct at least one Neighborhood Informational Meeting (NIM) after initial stoff review and comment on the application. and before the Public Hearing is scheduled with the Planning Commission. Written notice of the meeting sholl be sent to all properly owners who are required to receive legal notification from the County pursuant to Section 10.03.05.B.8. Notification sholl also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use change and who hove formally requested the County to be notified. A copy of the list of all parties noticed, and the date, time, and location of the meeting, must be furnished to the Zoning Oepartment and the Office of the Board of County Commissioners no less than ten (10) days prior to the scheduled dote of the NIM. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must place on advertisement of the meeting in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The display advertisement must be one.fourth page, in type no smaller than 12 point and must be placed within a newspaper of general circulation in the County at least seven (7) days prior to, but no sooner than five (5) days before, the NIM. The Collier County staff planner assigned to the project must attend the NIM and shall serve as the facilitator of the meeting; however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and provide a copy to the Zoning Deportment. As 0 result of mandated meetings with the public, any commitments made by the applicant shall be reduced to writing and made a port of the record of the proceedings provided to the Zoning Oepartment. These written commitments will be made a part of the staff report of the County's review and approval bodies and made a part of the consideration for inclusion in the conditions of approval. 4 I\genda Item No. 170 CU-2008-AR~~er 9 ~1iiY: 1 IMMOKALEE S1l1ttDWIl~E373 Project: 2006010087 Date: 12/23/08 DUE: 1/26/09 -~8 SOUTH FLORIDA W1l.TER MlWAGEMENT DISTRICT WATER USE PERMIT NO, RE-ISSUE 11-00036-W ( NON - ASSIGNABLE ) FORM IIOUt ~v."'J Date Issued: 12-APR-2006 Expiration Date: SEE LIMITING CONDITION NO. 1 Authorizing: THE CONTINUATION OF AN EXISTING USE-OF GROUNDWATER FROM THE LOWER TAMIAMI AQUIFER AND SANDSTONE AQUIFER FOR AGRICULTURAL IRRIGATION USE SERVING 710 ACRES WITH AN ANNUAL ALLOCATION OF 629.54 MILLION GALLON S . Located In: Collier County/ S6/7/T46S/R29E Issued To: SR 82 GROVES LLP (COW SLOUGH GROVE) 1320 N 15TH STREET IMMOKALEE, FL 34142 This Permit is Issued pursuant to Application No. 051003.24 I dated. October 3,2002, for the Use of Water as specified above and subject to the Special Conditions set forth below. Permittee agrees to hold and s.ave the South Florida Water Management District and its successors harmless from any end an dama.ges, claims or liabilities which ma.y arise by reason of the construction, maintenance or use of actlYities authorized by this permit. Sai~ application, including all plan and specifications attached thereto, is by reference made a. part hereof. Upon written notice to the permittee, this permit may be temporarily modified, or restricted under a. Declaration of Water Shortage or a Declaration of Emergency due to Water Shortage in accordance with provisions of Chapter 373, Fla.. Statutes, and applicable rules and regulations of the South Florida Water Management District. 1'11i! Pennit may be permanently or temporarily revoked, in whole or in part, for the violation ofthe conditions of the permit or for the violation of any provision of the Water Resources Act and regulations thereunder. nus Permit does not convey to the permittee any property right8 nor any privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation, or requirement affecting the rights of other bodies or agencies. Limiting Conditions are SEE PAGES 2 - 7 OF 7 as follows: (19 LIMITING CONDITIONS) . South Florida Water Management District, by its Governing Board On ORIGINAL SIGNED BY: By ELIZABETH VEGUILLA DEPUTY CLERK PAGE 1 OF 5 PERMIT PAGE Agenda Item No. 170 :0 :oN?1?~1~p~n LIMITING CONDITIONS 1 This permit shall expire on April 12, 2026. 2 Application for a permit modification may be made at any time. 3 Water use classification: Agricultural Irrigation 4. Source classification is: Ground Water from: Lower Tamiami Aquifer sandstone Aquifer ' 5. Total annual allocation is 630 MG. Total maximum monthly allocation is 104.3567 MG. These allocations represent the amount of water required to meet the water demands as a result of rainfall deficit during a drought with the probability of recurring one year in ten. The Permittee shall not exceed these allocations in hydrologic conditions less than a 1 in 10 year drought event. If the ra~nfall deficit is more severe than that expected to recur once every ten years, the withdrawals shall not exceed that amount necessary to continue to meet the reasonable- beneficial demands under such conditions, provided no harm to the water resources occur and: (a) All other conditions of the permit are met; and (b) The withdrawal is otherwise consistent with applicable declared Water Shortage Orders in effect pursuant to Chapter 40E-21, F.A.C. 6. Pursuant to Rule 40E-l.6l05, F.A.C., Notification of Transfer of Interest in Real Property, within 30 days of any transfer of interest or control of the real property at which any permitted facility, system, consumptive use, or activity is located, the permittee must notify the District, in writing, of the transfer giving the name and address of the new owner or person in control and providing a copy of the instrument effectuating the transfer, as set forth in Rule 40E- 1.6107, F.A.C. Pursuant to Rule 40E-l.6l07 (4), until transfer is approved by the District, the permittee shall be liable for compliance with the permit. The permittee transferring the permit shall remain liable for all actions that are required as well as all violations of the permit which occurred prior to the transfer of the permit. Failure to comply with this or any other condition of this permit constitutes a violation and pursuant to Rule 40E-I.609, Suspension, Revocation and Modification of Permits, the District may suspend or revoke the permit. This Permit is issued to: S.R. 82 Groves L.L.P. 7. WithdrawaRI facilities: Ground Water - Existing: 1 - 10. X 140' X 800 GPM Well Cased To 90 Feet 1 - 10" X 260' X 1100 GPM Well Cased To 185 Feet PERMIT PAGE Agenda Item No. 170 ~o :o~~~~~~~of~~ 1 - 10" X 270' X 900 GPM Well Cased To 145 Feet 1 - 12" X 120' X 600 GPM Well Cased To 120 Feet 1 - 12" X 248' X 1500 GPM Well Cased To 183 Feet 1 - 6" X 120' X 300 GPM Well Cased To 80 Feet 1 - 6" X 120' X 450 GPM Well Cased To BO Feet 1 - 6" X 120 I X 500 GPM Well Cased To B 0 Feet 1 - 6" X 120' X 525 GPM Well Cased To BO Feet B. Permittee shall mitigate interference with existing legal uses that was caused in whole or in part by the permittee's withdrawals, consistent with the approved mitigation plan. As necessary to offset the interference, mitigation will include pumpage reduction, replacement of the impacted individual's equipment, relocation of wells, change in withdrawal source, or other means. Interference to an existing legal use is defined as an impact that occurs under hydrologic conditions equal to or less severe than a 1 in 10 year drought event that results in the: (1) Inability to withdraw water consistent with prov~s~ons of the permit, such as when remedial structural or operational actions not materially authorized by existing permits must be taken to address the interference; or (2) Change in the quality of water pursuant to primary state Drinking Water Standards to the extent that the water can no longer be used for its authorized purpose, or such change is imminent. 9. Permittee shall mitigate harm to existing off-site land uses caused by the permittee'S withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm as determined through reference to the conditions for permit issuance, includes: (1) Significant reduction in water levels on the property to the extent that the designed function of the water body and related surface water management improvements are damaged, not including aesthetic values. The designed function of a water body is identified in the original permit or other governmental authorization issued for the construction of the water body. In cases where a permit was not required, the designed function shall be determined based on the purpose for the original construction of the water body le.g. fill for construction, mining, drainage canal, etc.) (2) Damage to agriculture, including damage resulting from reduction in soil moisture resulting from consumptive use; or (3) Land collapse or subsidence caused by reduction in water levels associated with consumptive use. 10. Permittee shall mitigate harm to the natural resources caused by the permittee's withdrawals, as determined through reference to the conditions for permit issuance. When harm occurs, or is imminent, the District will require the permittee to modify withdrawal rates or mitigate the harm. Harm, as determined through reference to the conditions for permit issuance includes! (1) Reduction in ground or sUrfac~ water levels that results in harmful lateral movement of the fresh water/salt water interface, Agenda Item No. 170 PERMIT N6':~ve~~f!fsfll~Rw PAGE 4 ofg 5 6 0 3 (2) Reduction in water levels that harm the hydroperiod of wetlands, (3) Significant reduction in water levels or hydroperiod in a naturally occurring water body such as a lake or pond, (4) Harmful movement of contaminants in violation of state water quality standards, or (5) Harm to the natural system including damage to habitat for rare or endangered species. 11. If any condition of the permit is violated, the permit shall be subject to review and possible modification, enforcement action, or revocation. 12. Authorized representatives of the District shall be permitted to enter, inspect, and observe the permitted system to determine compliance with special conditions. 13. The Permittee is advised that this permit does not relieve any person from the requirement to obtain all necessary federal, state, local and special district authorizations. 14. The permit does not convey any property right to the Permittee, nor any rights and privileges other than those specified in the Permit and Chapter 40E-2, Florida Administrative Code. 15. Permittee shall submit all data as required by the implementation schedule for each of the limiting conditions to: S.F.W.M.D., Supervising Hydrogeologist - post-Permit Compliance, Water Use Regulation Dept. (4320), P.O. Box 24680, West Palm Beach, FL 33416- 4680. 16. In the event of a declared water shortage, water withdrawal reductions will be ordered by the District in accordance with the Water Shortage Plan, Chapter 40B-2l, F.A.C. The Permittee is advised that during a water shortage, pumpage reports shall be submitted as required by Chapter 40E-21, F.A.C. 17. Prior to the use of any proposed water withdrawal facility authorized under this permit, unless otherwise specified, the Permittee shall equip each facility with a District-approved operating water use accounting system and submit a report of calibration to the District, pursuant to Section 4.1, Basis of Review for Water Use Permit Applications. In addition, the Permittee shall submit a report of recalibration for the water use accounting system for each water withdrawal facility (existing and proposed) authorized under this permit every five years from each previous calibration, continuing at five-year increments. 18. Monthly withdrawals for each withdrawal facility shall be submitted to the District quarterly. The water accounting method and means of calibration shall be stated on each report. 19. Every five years from the date of permit issuance the permittee shall submit a water use compliance report for review and approval by District Staff, which addresses the following: . 1. The results of an on-site irrigation efficiency evaluation that estimates the efficient use of water on the project site, based on the method of irrigation that was permitted. Based on the evaluation, the permittee shall identify and implement specific actions to achieve the efficient use of water for the duration of the permit. In the event that based on the onsite irrigation efficiency evaluation an additional Agenda Item No. 170 PERMIT N~~Vaeg~~~W PAGE 5 OF 5 water allocation may be necessary, the permittee shall apply for a modification of the permit if the permittee intends to utilize an additional allocation, or modify its operation to comply with the existing conditions of the permit. .. 2. A comparison of the permitted allocation and the allocation that would apply to the project based on current District allocation rules. In the event the permit allocation is greater than the allocation provided for under District rule, the permittee shall apply for a letter modification to reduce the allocation consistent with District rules. In the event that the permit allocation is less than allowable under District rule, the permittee shall apply for a modification of the permit to increase the allocation if the permitee intends to utilize an additional allocation, or modify its operation to comply with the existing conditions of the permit. '::;:'.,'; , .......' :"".".. , ,.:. .-,.. .. '. . ~ " ",;:: > '. . .'. . c. '.. d' . ' . ~ ;.\;:~\'~...:~..:'i .' . .;::~,:>:.:>. '.,.'\. .'~ . ,:~!,';~i.!~~] e'tl..j~;".\j i=1-~ ~'.1.,~;' \;...;;:,t _.- :1" :i! 'f ~ I ,.., S01UTH FLOlFUDA.VVA'TER fvnANAGEMENT DISTnlCT '" () I ~} ..., --J - ! C) ~'- 0<..." . -----...........--...---- -..~.._.._~__'O---. BEG'$ 1)ER1VIIT NlJMBER: ",::', ,. '/J- 000 ..) <; - S r-...--.u:.:. _ _ _~~............-.. API>>L!CATIOl\l NUMBER: o o o .....,..-"" ... .... a- i ~ I I I ~ "., ",,~'.l ,:,~' ,I ,,<I 'Tl~ '}";.' ,. :':1 !j:~I.:. '~;;}f', ~~.~;,.:, \';;.~. ''',,','. i ' .~ \.f~'~ Jil ~1 .,,\1 ~\\r~ lirj' '<-::~ ~i;~, .., .~ -"-;~- :!~~ {~~~J 8~', 1).~ :;"j',' \" :~.~t ;'~" ;{.~ ',.' .... '. :i,:\: ,-;-. 'i~ ~;.. ..... ,~,jl' i.: ~~ :,f,'j:' .\ !1 .~l ','," ", ,'." .,~;l ;;', "1 .. "'f. . ..:..~~rt~~~~.!}I~r:..~:t~,; .:~ t;.~_.,., ',..,,_ " .~..,~,,' . .,1-... ,.: ';:\, I'~ ,"'-." Agenda Item No.+i'f v.".. " " . ",Nov@mQ!'lF)l,},ZC\lo.,,,o",,,::;.,']f Page 167 of 373 G !'''\ ('-. sou~ ,'FLOIiIDA WA'l'lm l>1I'.NAGEI1F.N'l' " .:THICT ENVIRONME~'l'AL RESOURCE PER!UT 110DIl?'ICI'.'l'lOz,J NO, 11-00036-S l)ATE ISSUED: JULY 11, 2002 ....", .'..', 'ERMITTEE: DAVID C UflQWN f ARI.iS IIMI.IQIVlI.f.ffARI,I} 26[1, OAK AIDGE CT. FOI~r MYHlS. ,l 33;,,1 ORIGINAL PERMITlSSUED: MAY II, 1978 ORIGINAL PROJECr DESCRIP'nUN: OPERATION OF AWA TER MAf.l"GEMEN1. SYb T::M SERVING fi2S ACRES OF AORICUL TURAL LANDS BY 1.4V' CI.!P lllSCHARGING llifO COW SLOUGH, AN EINIRONMWTAL ReSOURCE PERMIT MODIFICATION TO AUTHORIZE THE CONSTRUCTION AND C:PEHATlON OF A SURFACE WA rm IMNAGFt~ENl H\'BTEM SERVING 474.8 AcnES OF CITRUS ClROVES AND ROVl ~Rors AND ^ SYSTEM SERVING 427 ACReS OF EXISTING CITRUS GROVES WITHIN A 929 ACRE SITE. COLLIER COUNl\ , SECTION f>.1 TY~> 40S ROE 29E Sou Spacinl Cundition No, 1. Sea allncltod Rule 40E.4.321, Florldn hlminislralivQ Codo, APPROVED MO~IFICATION: PROJEC'( l~iCATJON: PERMIT DURA nON:' 11\Ht P('111111 ~,;l()!ljflt';:'ltml It! nppru\I~"II)\II-'ojlJ;j"l 10 '\Pll\; 't\{!U!1 NIl. OOIZ22.1, (Iillt'd Dt'('!'mh,'l' I fI, ~OO{), Pt'lmH1l'l' ~\'trc('tl If) holt I mJ(l $il\'t: n,(' 1~l\llh Florlt!l\ W'lh'f MlII\.tiWlllt'nt UI.~(Ill'J Hlltl It" SllcC't'S:Jonl hilnnll'l'>s [1'0111 :lllY ilnd ,,1) cl;ullng('~I. rlal111s or liabilities U'Jlldl lIlil}' nr1sf' t)~; rt';H.rlll 01 II\(' !'ull<;ln1rtlon, Opt'mliml. lllRlnlt'wlf!rC or U~l' of nny nct/vIUl'S llllthon7.t't\ by. Ufl~ PermIt. '1t1li P('null If> IssUNJ under Ihr provlMmui of ('Il.lflll.'r 3'/3, PMt IV floJ"lda St:UU((:s\l".S,), and the Op('rilUn~ J\r..rC'f'lUrnl Cont'C'rnln~ .Hc~uLltlon Undrr. P.nr'{ IV, Cl.aIllt'r ,3'1:1 F,S. !lI'l\wrm 8<.JQ\l,1 VlorH1n W;\lc:: M,1lJ:1p';'lJlI'nl fJlstrlt'( nnd till' n~!';):rtm{"lll of I';m'lrollln< :)1<11 f~rb\t't.t1()n, InsunnC'c of 111111 T'('nnll {'OlI:;tlllllc'~ l'c'rh(wfltlUn or ("ompHIUl('I' t~1I11 ~t.ill' Willn qllnllly sl:Ul/lnl'd~ \\'Iwn.' IIl'CC'SSi'll)' p\lnlllilHt 10 $(t{'~loJ1 -101, 1"tlb!it'Law :I';..rOf), ;t\ use ;.)t'cUnll I~H I \ ll,llt'Sll tlll!; I'r:IIIlII Is IS!-i'H'(11)\Ir~\ml1l to Illr 1\('( lmpnWf'IlW1\( prO\'lsIOll.<j tlf Sulmt't:UOIl:i :17.1A l'1{lllll), V.S" f)[' ll~ tJ!lll'rw(ht' 1'lWlt'cl hl~n'I!I. TIlI:,I','rmlt Modlr:l',rllnn 1I\:l)' 1Ji' It'\'Cll(c'd, :;\j'ilWmINI. ur IlUlt!IIU'c!nl allY IlIlll' PIH'!I\1'lllt to IIlI.' apprnlHllllf' pro\'l!llnns of ChapIN 37:L F.:;.. lillt! ~kc.'1I(l1l.!J'401'~"J.:)lilln, l:il, nllrl Hl. Vlorltlll AdUlIHlstI':JI!\".' Cllfh' lI".A,C.J, '11l!:-I Pr:-rnllt htrl1hflt'illlf1ll1llllY 1>(' lrtU1SfcT!"r:-r! purStl.ult w lhr ;lllpl'DJlrlllh' pl'UVI~llflllH I/f C:hnplrr ~rl~l. I~',S,. ultcl ~t'('lIrJl1~ '101~., I.n l071l1 ;111(1 (21. ilIltl 'l~m"I.:I!j Ill). !21, nnd (,t), F,A,C. All spt'clfkatlol1!; ;'\nd sJlt'c:llll flnrlllu1JllllJ.Vnmc'ml COlldltlO1'S nlltnd;lllt If) tht' urlAlrmll'('l"llllt.lllllt.!,s Spl'cllknJly resclndC'd by IhlS or ;..'t'\'I{)u~ Il\(l(llrlcnllotl!-i. n'Ul;'\ln In t'frt:ct, Tills '~rmll ModlfH'i111oll shnl1 he subJc{:t to lIll' Gt'I1Cfal ('olldtllollS sf'l forlh III HilII;' tlOE,.1.38 I , r.A.C., unIl',"5 Willvcd or modifier! hy U\(> GO\,(,fl\.!Il/-'. Ofl<l.rcl. Thr Aj.lpllr.;l!lon, itn:f ElwlronmrntnJ Ut'!'.U1lfCC Jl~nnH !-)In!T HN'lew SUlIlll1ar; of thl:' AppllcilU~n. IllCl\ldlf1~ ll1l (:uudll\oll .Ind ;'11 plan~ :\.Ild Sp~'('lfltntlons Incnrporah>(J h)' fl.'l!'r{'ll('(', Me iI Imrl Jf (bis PI'rlllll /I.'lorllflc.111nll. ^I\ ilCtlVIUe~ Oluthom:cd by lhls PC'rmll ~1!xliflt'nUo!l sh;11l hr Implt'flIC'ntl~cl ilH ,<;f"t forth 11\ \l1t' plans, ~pf'(:Hlcn!l{)ll!I, :md p...rfonllrllH'l' l'z1tl'rl:l ns Ht't forth nncllllCOr)/onucd In tht" I~nVll'Ol\lll('l1(1I1 llcfoillllrcC' PertuIt ~tnrr f(t'vh~w SUI111llary. Wlthlll 30 dur~ nnt'r COlllpll'llnll tlf Ctltl5trucllon of tilt' p('nTlHlln~ ncU\'Uy. lhf~ PI.'fUlltkt. !ih:\1I ~;Hb1\l1l n wrltl>:'1l ~I:ltrlllt'nt n(CHltIjl!t'UOI1 [lml Cl'rtlflc:IIIOII ">' II 1t',~lslf'rrd prof{'s!;hmill ('})~llll't'rOr utllC'r npprOlmOltt' IndiVIdual. pllrsllt\lll 10 H,t! npl1ropolltc pro\'lrloll~ of Ch"l'l<'f :17:J, 1~.5. ollll St'l'llCJlls '1O'~.4.:~a J m,d ~Og.,'l.ak 1. F.A,C, In Illt, t'Wlll tilt' J,ropcrly 11> sold or t.lUI~'r'Whlt. tIHWl')'cd. lhr I'mlllttN' \.'.'111 ft'l1\i'llll Hublt. for ':olllpltnnt't:' wJ!ll thIs lJl'mlllllntfllruu!\f('r is. appro\'t,'d hy the Dlstrlcl Pur!\UOlllt to Rille ,IOE'l.n:C7, ::,A.C. SPt:CIAL AND GENERAL CONDITIONS ARE AS FOLLJWr, SEE PAGES 2 4 OF 7 (18 SPECIAL CONDITIONS), SEE PAGES 5. 7 OF 7 (19 GENERAL COt>lDITIONS), PERMIT MODIFICATION ~.PPROVED BY THE ClOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT' FILEOWiTfi THE ClERK Of THE SOUTH FLORIDA WATEffMANAOEM!:I/T DISTRICT ON Of1lGINAL SIGNED BY: -JEmTrFF.R:RflUIVlCAOF---' 8Y.. ORIGINAL SIGNED BY: BY -GllBBE.LWAl..LACE.JR__ ASSISTANT S,CRETARY DLPUTY C'.ERK PAGE I OF 7 " '-", , (;Ly... ,~,[? '7/ , :/. /1' cD ,"., !c.l:.~""" ~'~l'')'T.~t.,.",,,;.I''''''~ .""," 'l~~, .....,.. '-...~."'" "__I"T' .... ..... .,;..... ::~':~~'fi~~~:l~i.~:~t... 4,'. I .... -~.~ ~,_.. ,,' .' .,.....~\\~:... _'~ ...t,;, ".~~" Age~da Hem ~o. 1,70 .. "~~November-g;'201'O.'" -' Page 168 of 373 .,.~".\~ " , ::. '. ~f '(.'. .'1' ", J" !'~ " .,1. ',!, 1\{' ,.~y ~~ , ~f5 '}lJ t."l a;~ _(;l "AJ ")1 ;:;;;. :h~ "fE" ,. ,-,:, ~r~. ~-~~. ?{'~ ~:;; '.~i 1i5 ,\fr;~ .~~" .-,1<.1.. H"ti .~~;) '~/') .vf.t ....',;} 'W,';,> '~~1; \qn \i:f :\~f~' i:j$'J ~:~ 'ig~ 'J"" :;~~ '1'"1;1 :;~ lB. ,j:',-r- .n*~;.. pt~;;"l. _",t~~Y:~ ll~' i,gf:.J' <..,~~. .W.!".., ;};~, ~.:. '''~'i1' .;<iI;," ~~'~. ~~~ ;': ',<} f.;, ~t .,..'.....v....: .r........ "' ....,;/ G!IE!~:.::.; ;:',. '. P/-.'.:E II!' I ~ .; ~ (~ ~; l~(l elLI. dl'llp \Ill'.ll ',"'il.l: t'l.~nt ~Il. clr~'/, 'If).~'\' Hr.:'.'ll. !.iO {,'" of :: di". COHI'.LIi;/\Ti'::1 !'lET!'.!. l'rPI~ c~IIV(Ht.. HIJr:~~;.'Ji!l" be/fly: 1,)1-:':1 fijlf)\'I: I. VI'i.:,:;) Conl rrJl ciev ';'1 I '.'l,t :.:tND, I 1'1 FEI.:'r I~O'JIJ DHY [jI':h!j<)IL fll;1.'\h'I.Ul'(l: 1\ l.t\ din. drnp tlllt:' with 1.:1'1::11. l.tt ol.eV. 4(),~J' HtiV!L ~iO f.11 at t1. diu, COll.J\lJ(il\'rt':I) !-1l';'!'AIJ PtPB c\~lvt:~rt. .- , ' 'HcceivitlCl body : NEI,'1 GROVg l,'l;>lEI/D Cnnl:l'nl c1.cv ; ,,]:1 fool' !.K:V:"l., I:.'FFW~'I' NOVO DRY :~l::l\SO'~. .'.1 ,".. illlR Ill: IIE!J1mVO I H' 1 B Structure': 1 1-1.~ dia, drop inlet. '-'lith crew:. ot elcv. ]9.5' NOVU. 80 t,t: of 1.5 din. COHRlJONrlW Hlrr.\tJ PIt'S culvert. H<.~coivln(J bt)/.\y : NW' GHOVI': I' FlElID Cuntrol uli.!v 3 (, . \; fl:uL NOVI). i'l r,. ~ I'I,:~'I' NOVl> lJHY rmM;ON, St.ruc.;turc: :~ 1-2.'15 \; :< ,5 II HECTIINGUr.,IIR ORlFICE "lith invert at "lev. 36.5' N(;VP. 50 !,F of 1. 5 elia. CORRUGA1'r:D l'lETAI, PIPE culvert. Receiving body: COW SL.OUGlI Cont,rol clev 36.5 feet NGVD. /36.5 FEET NGVD DRY Sf:ASON. 4. 'rho perm1tl:':~c: nnnll bf') reuponaibto for tho corroct.lon of llny ol'ouion, ohoaling or w;itor qllfl}it:y }>J'oblmnn thl\t rC:lull~ troln thl.;~. conntl~uct1on or opcrlltion of the :l\H'f(\CI~ watcH' manDU0mont UYAtem. 5. Measures shall bl~ tD-ken dUl'intl conDt: fllctioll to inuure thilt Hedlmentat ion and/or turbidity v'i.olations do not occur i~, tho ~cceivin9 \'later. 6. The Oi5tr~ct reserves the right to require that additionai water quality treatment methods be inc9rporatfl<.\ -into the .drainage system i [ such measures arc sholtm to be necessary. 7. Facilities other than those nti:ltec\ j',oxl?:in sholl not be constructed \.,ithout an app["ovcd JO.edification of thi~ permit. 8. 1\ r.,table. pc,rmanei'\t and accessible 01fNnt.icl1 reference sha11 be established on or within one hundred (lOO) feet of all permittRd di.schnrge structurcft 110 later than the submission of tho certif lcatior. report.. The locat.ion of the elevElt ion .refere.nce must be noted on or \olith the certification report. 9. 'l'ht-1 pcrl1d.t.tce~!:il'wll ,i~,rbv~de' rou'tinG muint1.1nilnCe o( idl o[ t.ile c:ornpl..ll~Cl1t!i of the ''';. . ,.. ~. . - .... . -_..-....-....,",...~-::-.\~....."''''':';'.'';}*-m..~ . ;'.'"' ,.:,' .:.. ,,~', . ".\, .~t..:',t~,~~~.....~ ", .-'.'N"'''':' ~" ," ....'.-~ :1''/''"''.''1 "h. .' ..,... Agenda ItemNb<t)'fl}.'.X'.."''';'.,. ..... .'. ..... "'. .-.-. ..... Novemb'e!rlg;.2trrtr~'''~'''''.>i r,PE!>::;': J;lj, .~~;~~~9;6f373 If1 (\I-" r~ . -" Jli\r.j:~ 4 ") .' :;llI(,'WI,; ~..'~llnr Ht<lTlfIUC.It;r:)I",f. :;Y:;1.1'1ll ill ()J'l.\t:>f II) remolfr} l;J.ll traf..pr..'rl f;r~rJj~:lI::H~;;d~uI'J~, /\11 !lIulcriil,lH'r.lvlll bl! 1.I:(}P~~t:'{ dlnpQ~r~d t'f !.l~ requirr1r1 iJy ill',I, !"i'lilll!'C tlJ pnqwl"ly mrlil1trlin t'llt~ ::,':'.l:-!Hl \(~d'l r':!,1l1c in edvr...nw floocHnr: r:oncliti(':H.l. 1J. 1.~1ncf W;'.1 \<Jit:h\ll t:Jh1 Ilf:'lmiL-l.ud f/lf.:i lil:io.; i~l iJrJl'iC:lllt~lrill. 1\1\'/ Pl'opvGt1d dwr.Cjp. in lell)!! lWL' JUdY rmflllru r~I(J(Jirl(:dti{}n of thito I>onnit ami r:lunt be rnpot"ted t.o the Djr,trlcl; l:tJr it d0.t(Hlldfltlljcm (')l PPrt;'lll l'oC[uiremcmts. .....).L.. .I}puii' c.:ompletiol. of constl'I:Cl.inn'" and on.nn llnnuCll ba:'ii9 (!'~(~rc:h .of e':\c.:b yearl the.- rmrmCttnn sha'll conduct irwpC'c:t. j,Q;ll'~. to detei."~lnc: tho Btf\Jctu(al auequ;:I(':Y of 'the porll'littcu imp0lWdntOI-)l.. Th'H n'1l"$oI'UJ nhall irwlutla tcchnlt'i11 in(n'rmation and II !;chQ(1111~ for rep(1ir of :;iny (h'fit~icnc10g noted.'- The report. ahnll be signod and cCrJlod by d j.'l"oridll. rcgir:;u}[()d professional 0ngln\"cr and mnintninecl- on site. 'I'he reports shall i\150 b~ aVCli1ablc-.! tc> Di::;tri<:t staft duril1g regular buninesu hours for l.nGpoctj~IL ill f J ~l ~',\ ~ [" t( ,. f~ ~J l~. f1.ny pt'oj)Ducd c:h"nuo in lilllcl UDe or crop type mny n..quiro modif.icotion or this pormit llor,'louot be rqpo\"tccl to the.! Di!;trlr:t: l3. ^] I nDQcii.ll concli t iOI1:1 i'lfnl OOO)6~~ ramain in effect modificD.cion. cxhibitr.: pre.....iously ntip\llar.cd by permit numbel' 11- unleou ot'hen,l.:30 revised m,d shall apply to thi~ 11'\, Prtor to the cornmencerocnt'. 'of 'constructi.on, the perimc;tC!I:" of the vJctlnnd rJ.reflS nbal.l be fenced to provenl: cncroclchmerlt:. into .the protected arellS. The. permit:t-ee 51w11 notify th0 Dlstt'ir.:t.'!j Envi.ronmontnl Resource Compliunce sta(f in \-lritinq U[H.m c:omplct:.~i)n of fencing l:tlld 9chadulo an innpection of this wory.. The fencing DhtJll 'be subject to Di!lt.rict ~tutf approvlIl. Tho permit'.e~ n:ho.11 modify the: fcnr;ing if Di!Jtrlct staff determines. tt,at;. it~ is insutfi':icnt or is not in c(".nfonnance \dt:.h the intent of this p6rrnit. Fancino shall r';~main in place until all aJjacent constructJ.on r!1ctivities arc cI>rnplcte. lS, The Distn.ct n~fierve5 the right to require remedinl lTlei1(lUres to be taken by the permittee if monitori~Q or other information demdhstrates tha'; ~dv~rse impacts to ornate or offsitt:t wetl~l1')c19, uplo.nd cooucrvlltion .!ll:'CHlS or buffers, or other surfac:~ wat8rc have occurred clue to project reli1tc~ nctivities. . 16. A ~.,etl.;ln0 monltoring progrum shall be implemented in accordnncc ,.Jith Exhibit No.fl. 'fh(:\ lOQnitol.'iw:f proqrt,m !Jlk11t extend EOl' (1 period of 5 yal.'lrs ~".'.th annunl reportr; !Jllblni.tt(~d to District ~)t{\ff. 1."1, If monitoring ,reportB Dr other i.nforrnation shm'l the pre~erved wetltlnds have been negatively aE(ected by the permitted development in D manner that is irreversible {such as impounding the '1letland and drowning tne existi:ig vegetation or a reduction in the nydropc'dod resulting in the transitio!l of wetlands into upland/transid.onal habitat}, tne permittee shall be required to submit a remedi..,tion 'plan \<,'ithin 30 days of notification by the District's Environmental Resource Compliance staff of such conditions. 1'he cemediation plan lTIay include C!nsite. or offsitQ mitigation n.s necessary tl") :'.ddress any deficiences. 18: i\ctiviUes asr.ocinted with the imple[Jl(~ntfllion of th~ mi.tigal:ion, monitoring" and roD. tnr.ennnco plan (j) )'. Bha.l L bj:; ,coml' lett:u in f.lccord.J.ncc t'Ji th the' \\'ork. schedule attached as Exhibit No. ,'6', t\ny doviation [rom th0SQ tirMl frDmes will require pri.or approval [rom th~ Dist:o:ict's Environmental RI:'.!source Compliance ntaff. Such reques ts mus t be made in \'Jl-i t i ng and shall include (1 J reilson f or th~ change. (2) proposf-,d start/finish and/or cornpleti.:m cl~tes; und (3) proqress; report on tr.e stf.'ltus of the project 'developmer'.L or mitigatlon ('tfort. ....~- .........~..." ~.,.","':,.,..!.,.,; "," '".....,',~..,-. .'.'i'- ..-. ..;-" :....., ....;. ,., ..~.".....<..\........,.,.", .....,._-,~,~..- ,.,-".,.~._...~.-J . :-:-,-' . -.. . ,. ,.... .",~-,"O::''';l~~':':,:'l:: ,,,."'" Agenda1temNo: 170 , November9,~2MOt' :::;,: ~;;. . Page- no Bf.37;;:' " ""'''' .....,,'.\'.. ,.' ,;.,'... '.\"" . . . . I' .,.:~:'. ....\:I~_~t t:,: '!':~";"" . ~:. \,;\ '-'i' ,'.i'. ...~. ,'~" \", ::'i:~~ ."~ ,)'"... ',.llt , \i' ;.1. t;< (i'; '.t' ('I ", .::i ~ ;~1 ~f:.~ 'i.'t 1,1 I ;i:; .' ",:-, '/i , ~:~. 4~ .,:', {t, :!;'. }.~ Jj :J~ 1,~';I' .,:, ,,"'. "'~ ~{. ,,:~ ::r; Il~ ~. " .' '.1' :f '1', t ,I, .~ ,ft :', I:' :~; '.'1. " !.l~ ' ~~ ~~ .ft f , .~: t; ;1 A ;~1 " .- ':] ;l~l ~~ "1) ~'1' " 't ; , :.,"," . .'.. ") .--.. 1,1.",11,'1'" "Il' f l;.... .... !l tJ(l{J')(, !' '.' Pl~(;i': t, f.JF f GENEIU\L CONDITIONS I., ',"1 dl:'tlvll:it':11 ill.d.hl.H':ii',U1111';'l'.htll pl'l:nif :;/1,'1]1 hI'.' jmplr.::\II,!llu~{l {w :wt fort:!).in t.!:t'. L-ililnn, ttpr}cifJl:dL!,"lll:l rlOd pl'!rlr,l~I!hllH:'! crll.t,!t'j.'l.llnclppttJW:-({ 'by L.htu pcrmi.t. . hny-', davial ion f.rom,.)~II('! f!l'~'mit,.t.nd ~IGLi:.:ilr~l IHHI th(! conditionn for undertaking th.:il ilr:r.ivit.y Eihl\ll cmmt1"hllC! II \':io]/n.lon ("If thin p~rlllit fllId Port. IV, ChaptC!r 37), V.S, ?. 'l'hi.u pormit OJ' a. copy thcte'Ji., cl)j(\pll!t.... with all conditi.onH, atti.lchUlcHlt:-;. exhibit!;. and U\odUici'l.tionr. l~hi11J be ~cpt Ht tho work nltl) of the permittf':c1 nctivit.,y. The c:ouiplctc pnrmit t:>hall hu avnill.lblH' {or t'ov1c:w tlt tho \'J0rk Hitn up0n r.ct")\lust. by IHnt["jcl :::lcl(f, 'I'he pennltt.u(J nhnll toquir.a the contractor" to l-evic\ol the complete pfJl"lIlir. prior .;t> comrmmC(:!I\t:mt o[ thC:l t1ctivi ty l.1tlthorized by this p~nt\it.o 3. .^\.t~viti0Ii 'npprovl.1ld by this permi t shall bo conducted in a ml1nner "'Jhlch doeu not Cl1ur,e v'LolC\tionn of State \<Jatar q\lllJity standards. 't'he pnnnitteo [..:hall"implePlont best manllgement prllctic'cls for ero.oion and pollution control to prevent violation of Stnte water quality Dtandardn, 'rmnpornry f!!rol::iion control shall be implemented priol- to and during convtruction. and t>c:rmancnt control mCD.nures shall be t:ornp)et~d vlithln 7 d,!lY~ of i)ny cOn!~truction activity, 1'\lrbidity bilrriors EJhall bo '..ns.tollr::d Wid Ilk1.tnt.JinnQ ilt illl .ltlcCltionn v;hcro the posnibility of traos.(el:l:incr sunpcnded soUdD into tho rccc:livinu \'hltorbody exiotr. duo to tho permitte.d \'Jork. TU1."bidity bnrrtcrs nhall remain in place at ill! ]oct1tions until coru:n:ruct.ion is t:Otnplctf~d and soil!; ()TO st'lhilized ilnu vugotat.lon hutJ been established, All pr,oQt fcus Ghall bo in l1CC(n-dilnCo 'tilth the l)uidollllGf' i,lfld specif ications c.1csc:ribcd in Chaptor G of t!:ho f'lorida band Oevnlopmant r~llnulll; ^ GuidlJ: to Sound Land and ~'ll\ter t4anagenll.:mt (Department of Environm.l..mtal _Regulation. 1988). incorporat.ed hy reference in r.ule 408-4.091. P,A.C, unleno B project-specific erosion and sediment control plan in tlpproved as part of the parmit. Therea.fter the permittee nhill1 be rcr.oponsibl~ for the removal uf tho barrier-g, The permittee ~;hall correct any erosion or shoaling thtlt caunon lldverso tmpuc:t.s to tho '1lUter rC!Jotlrce.s. fj _ The permittee shall notify t.he District of the anticipa.ted com;truction start date within 30'days of the date that this permit is issued. At least 48 hours ~rior to conunanC::lment of accivity'authoFiz.'ed by this perrott, the permittee sh<111 submit to the Dit-tric.t an Environmental Resourca Ft:'!rmit Construction Commencement Notice Perm Number 0960 indicating t.he actual utart date and the expected construction con'plet: ion date, S. When th~ duration of construction \.1ill ~xceC:.'d Otl(~ year, t;hc permittee shall suhmit construction etl1tHs reporl:u t.o tho Di(ltric:t on an c')nnual bosis ut:llizino !:m lInnual status.report form, ~;tlltlJa r.HPOl."t fonos sho1) he ~mbmitted tho following Juno o( . each year' '. .- 6. \'1ithin 30 'days after ~comple~iol1' of construction of the permitted actIvity, ,the" permitee sha!} "'su'bmit;."a wr-ltten starOlllent of completion and certification by a registered professional engineer or other appropriate individual as authorized by law1 \Jtj l1zing' the supplied Environmental Resourco Permit Construction Complet.ion/Certification Form Numbor 0831_ 1'ha statement ot completion and certificat.ion shall. be baFied on onsitc observation of construction or rcvie\'1 of as-built drawings for the purpose cf dcteu:rrdning if the work \-Jas completed in c.ompliancc with permitted pl....ms and sepci(ication9. This submittal shall serve to notif.y the District that r.he system in ready for lTwpection. Additionillly, if clevU.ltillt'l from the appt"t'''/cd drm'iinqs i.n discovered during tr.~ ce:...tlOr:ntion process, the <.:ert i f 1C(\t ion tnunt be aCC01{lp~Q led by a copy of the ilpp r'....d.ld permi t drf.l\oJings with dF.!vi~t.ion~ notC:ld, aoth tba oI:iginul and rr~'Ji~~ed !;p{'!:cifLntiom.i mur.t r~"'''~'' ." .~ ,',~. .1f~ 'I" ,.(i; :'i;i ,'\0::. '*;j ~t\i: "~1. ~,':' .:~~:~ f .~!;'! :~~ ._,) .~,~':t.~ "](,'1 <:,~:. ':1;::~~.1~7~f::1?;1;,': J;.i2i:.17;?;;.~:.:ITKi 3~ ~\ ", :i: " 1': Ii' ',! ~,~~ ..-~ :\~ " \'! 's i.t; I:' ,c."'. .., :J .;. :..1:. ;~i:, .!." :.E ;f ;~'J :~ij ;f,~ ,iJ:. :"~ ';J~ .~t ~- _"." ",".Of..'" ,,-~~_,......' '","',' ,,';. '~'.. ., .' .,.. ,.~.. 'l';gGMa.t1erTrNti':Ti'U" _._,.,- November 9, 2010 :;", P'lfJe.JlI,h'f,Q73 ') r PE.(/;':l";" p:'\(j~: 6 (li.' ., IH' ell':tl:Y l:!lCMIl. Tl\~ plr1nh. 1l1U::t lJ9 cli..':'lr!y ld.bcllxl ':It; "^s-hullt" ur "flCCf):d~ di'il'.'.'iwJ. 1111 :.Ilf'....eyr)(\ :\inl(!rt~liQr::; and 0l(~'Ii'ltiollS shal1 be ct;:rtificd 'by i.I J"0qi ~;u~n.'d IHUVl:WQr. " '. "i'lIe Clpnrrilion pt\a!)c 01. r.hj:J fJ'~rrnit !;llr1J 1 r.ut lmt'r.:mn (!ffoGt.i.ve: unt.il tho rH~rmlttec htlli cOlllplind \'lith tho requirementn ()( c.'Qlldition (Gl flhovc, aml !;ubmitted D. request !'Jr convr:rHleHI t)f, Cnvirnnrncl1ttll Rr:uour(;:e 1>c:r:nit from COltntruction PhaGO to Opm:,tli'"'n' PhM;O, Fe,am Ho. 0020: the Diutric.t clt't:r~rlfllncm tho I;iyst.l'rn .to be in cOlflpl iilncl~ "/ich tho [>oI"fnil:tC':'d p!;I!)$ and !-:per:ificat:.lonn; .;IItU tho entity, t1pproved by Lila niGtric.:t in nccordu:1co 'rtit~l S'l~ctior.n 9,0" 011,1 10,,0 at t.he fillSrS of Review for Environmental Resource Pr:>rmit Applico.tions within the South Florida l'1ater '.lanagemenL Di~tric:t, accepL~ renpnn9ihility for operation and maintenance of the SystCfl'. The permit shall riot b~ tnm!iferrcd to r.uch approved opert\cion and :1Iai.nt.Cfwncc, entity until the operation phase of the permit bec(...."les effective. FollOW!llrJ tm.:pecU.otl und approvr.d uf thB permitted Dyntem by the District, the ncrmltLC13 Ilhll11 initiu.t.,~ tr.1n'S[8r l'lf tlHJ~" PQrmtL t.o the Clpprovl,d rcsporwiblc ot>c:';ltinq entity if dUforul1t i'rolll the pr~rmittr:>e, Until the parmit: is trl\llfiferred pur~llllnl to ~cctio,\ ~OR-l,G101, F.^,C" tI,e pOflnlttao ol)oJl be liable for cotnpll.nnc.:c \oil th l.:lw tcnn~1 ot tho penni t. B. gt1ch phnm3 ot" indepondent portion of tho permi t ted system Illunt be completed i.n accordance \\I'tt.h t.he permitt.ee', plons llnd permit. cond5.t.ions prior to the initlatinn of the permittod une of site ~nfr-astr\.lcturc locD.ted within the l1rea served by that pOl:tion or phaoe e;! the t1YGtem. EllCh phase or inacpenderlt portion of the Dy.stem must be completed in accord;:mce ...lith the permitu;!d plans and permit conditions prio~: to trn/wEar of reaporwibil i.ty for: opfJrati"on and ma.lntennnce of the phage or portion of the ny'stem to u local uovurnment or "ather rel:>ponnible entity. 9. For those'DyntGJn!:l thtJ.t \.lill be operotGd Ot" i1t~linta:).nccl by an entity thll.t \'Iill req1.'irt~ nn. (?:e\sement or c1€H:;!O restriction in order to enable that entity \:.0 operate or maintain the systehl in contonnence ",ith lhis permit, such ea5>ement or deed restriction must be recorded in the public rtlcurds and submittt"~d to the District along \'Ji'th flny other final oper<1tion anq ml1intenance documents requirecl by Sr~ctions 9,0 tlnd 10.0 o't the 'Bf1sis DE J1eviC\ll for Environmental Resource permit aptJlicatioIl,!J within the South Flori.dA. \'Jatcr 1.1ar.ogerrll?nt District, prior to lot or units zale9 or priDr to the compl~tion or the liYGtcm, whichever comes first. Other documents COl\cp.t'oing the cst(1blishmcnt i1ncl nutr.orit,/ of the operating entity muot be filed with tho, Sccretllry of .state, coun~.y or municipal entities, Final oper.llt ion and ma inteormce documentrJ (Huot be recei ved by the Di9t.L" let \'Jhen maintt-'lnaricEl und openl.l.:ion of the syntem is i\ccepced by the local government entity. F'D.ilurc to r.uumit the appropriate: f.innl docu:1l0nts VJill reoult in the permittee remaining 1 iabla Cor carrying out maintenance i.lllcl operation of the permitted' ~Jyst.(.'m and nny other permit condici.ona. 10, ShO'Jld any otlw<. permittee shall' implementat ion HO is required, rcC]ul'utory. ugancy requlrc not''ify 'the"' District in that a deternlination can cl'Qnge~ to thQ permitted vystom., the Vlr i t: ing 0 f the changes pr ior to be made whether a permit modification 11. 'I'hi::'. permit does not eliminate the necessity to obtaill any required federal. state, local and special di!.Jtrict Bllthorizations prior to the start of any activit.y 'approved by this permit. This per-roit docs !,ot convey to the pcnnittee or crente in the permittee ar.y property right, or any interest in real property, nor does it authorir.c any entrance upon or activities on property 1J1hic:h i9 not o...med or controlled by Lho permitteo, or c;onvoy ("lny right5 or privileges other than those Dpeclfiect in the permit Blld Chuptcr 10E-~ or C])apter ~OE-~Of l~.^.C., 17.. Thn panllittco ,ir: l1erC!l'Y';Hl\'.i~H~(l t!w,t Scctiofi ~~J.'rJ. r,~;, !,;.tM:f:l..; thilt <I 'r")(nnC'11 lllilY :/'~"~;' "'_:~77~"7,';'(~~:~'~h~\"~~~,,w:"'"'r'~'7''':''Tr.".."",,~,.'~~~:~~~~':~-----;'''-:-'~'~'''''7':T::~7'~~'::~:~;~?J;~:;;~~''~~~~,~:1:j'~. I. ,I . ,~~':'''''')''''''~~'\!ili'''".....;...'._. :,' .' .". ". ;. J M~'~I.':h,...'... I" '.~...': , !. .. "I .',~. ".' A9~g:e~b~Y~;21~g,..,.., <,"" Page 172 of 373 ,- " '") '.~:j. ,"" !1:\liE 'j .:IF' ',' r.J'i.;g;';;j'!;IJ.:.. ; l. (J u,t) ~" .:: IIt)1 C'OIlU:II.'lIc."U tiny L!..:<~c1V"Jt i.ou, C;('ollnl.ruI.'l'.i'.JIl. ..r (.Ut&:'1' .u:t 1"Jlt"1 ::l\'n!villl) the 'j~;'J o! IH.wen,j<j1l fo)J lll.h<'t lm\dn (Jf the tHlllu. t.}l'~ litld in the BOiJrJ or 'rnWL(I::fl l)f thn lnterllal 1 rrql1'()'1 c-mrm I TllJnt f"\Jnd \':ltI:Ollt obtllinill9 tho r.equirGd lO~I:'~. ljr"cww, (!,'t!Htl:lOnt. or f\thor Corm I.'f C'on::mtl. WJllJOri;'.lnn thn propr.>:lCct tWe. '!'tWl'Ul.l1r:n, t.ho pnrllll 1'1 11t"1 in I (':J[1orw.ibl't for ubt;Jinillff (.lilY JHY:r.:U:'I~\I'I ttul.hc.ICJl":l,ti.C'Jfi:l frl.IIII 1:11',' Ikllll'c1 QE 'l'rUlJI'oc':J j)I'Jor Lr) !.'()lIummt:ill(J IWt ivll.'1 01\ :HJVo)"(...'irJnty It'mt3a ur nt.hor :;t.ll r~ t'Mrwr.l lllluln. 13. '!'t.n ponutl.l.~u UlU:;l. obluln t1 Itlt.'\l..llt thilJ permit. /It'lf)! tt.1 t..'OIlCI;F'lWLlon dm'lUtt!riru,J, Ilnlt.!l)u tho vmrk qUllllfloa {Ol'. fI ~llmOrit1 pr)rtnll: pUt'r.Uill\t to Subr~oC'tVm 40g. /.0.J02(1j), r~.^.C:,. nlnu Kr\ovlO'nn tho "Nt') Notice.!ll Hule. 14, The pertl\ittcn tJhllll hold and. rWVQ tho Diotric'. harmlp.t;s f:rom any and all diUtlilgCH., claim!:, or ti;,l1)iliti.en which may ari:ic by re{1Ul..i~ of the comtt;ruction, altoration, opor.Dt.jcm, ma ll1tcmnnco, tptl\OVitl. nbMldc,Hunfmt or urJrl o( ,'\ny lJyut<.~m l1uthori zed by t.h('~ D<!l'lttit. 15. ^IlY dol'trlLl!; 1011 of tile n~lcnt-'-ot: fl wutlutld ot' oth<H" tl\lrf.oco \'Jnter nuhmittcd liS pnrt or. I,h" purmit applJcc,tion, includin(/ plnrw or nth,,;:, lJupporltng <loclJrnentdt.t"n. shil11 not bEl cCJnoldorcc.l binrJtng, unlc.tFJU a 9pecific cl)ndil.lon of. this pormiL or 6 f'1)r1nfll dutormlnntion undcl.' S~ctioTl 313.421(2), f',n., provldC:'c otherwioo. 16. The ~\crmitt.ce ahal1 notify the District in ~'1l"itinu \.,rithin 30 dt,yE. of any sule, c:onveynnco. or other transfer of o\lmership or control or a permitted system or the renl property on VJhlch the permitted system is. locl\ted. All transfers :,f o\tmon~hip or l:ri:ms(crn of (I pernlit arc subject to the requirements or Rules -IjOE- 1.6105 <Hal :4DE-1.6107, fo-.A.C.. 'fhe pcrmi,ttce ,tn:msfcn.-ing the permit ~jhal1 remain liable for correct.ive actCono tHat' 'mo.y be required aEJ a rczult or any violt'ltionr. pt'iOl' to the pale, conveyance or other transfer of ':.he systcrr.. 17, Upon reasonable notice tq the parmlttee, District <luthori2ed utaff with proper identification nhllll havo permission to enter. imJpcct, ~ilmple nnd test the system to insure c.onformity ~V'ith the plans and specifications approved by the porm!.t. 113. If. historical or archaeological ,1rtifncts are discovered at any time on the p'rojcct site, the pCf"}ittee sh1111 immediately notify the appropriate District scrvlce cent~l.'. 19, The permitteo sh;{~' irrunod'iat"~lY "notify the DiscI'ict in writing of any previously submitted informat-ion that is later discovered to he inaccurate. 7'r.;!;,:;r~?'~';~:/',-",- '-;:.'i:::i'..',:.'" . :. '--~~'-'".''~~-;:''''''~,~"(o';.-r~.l'":'''''''~'l'}',~''''''''' " ~"":;':'\"""'~/;~:'""""rl.""l';:"""~~_"~"""''''< ":,.'.""""' "- .'-~.,. '..,. '.' . - ...,-.,..~" -..... '.....:~ "'-"""~-"""::1~.~.~ ,. ;~~~':\:' ~~~:~:1B~~,~~~'},~::'bS>1 ;~~ :,~':':~?:::;.:'~:~::~~:l ,~;-,~... ",_ .~' " :~':\':. .':1 " ,r" I '",,"" ~li .,'i"tJft,. I ~~,..' '~t~ ;-'~,~, :}XWf 'V~.~:;:;.l '~~~~ "'1",1, '1,,"".1. """~' :., ~ '~, . "',:d,^, ~\ i:':J~~W i}h~. b~~. LW~} ~~i~~~ "r,;r.,,:" '~iBr~ ;'~~~7:~ "ii~-;S~ ?J:l~~~{ .:~f.& ".,:}I,'~J}', :~~~!J}~. ,Jtf",! .W/h)' I.}~'.V~;; :{g~%gi .-!'I)';:,i;' ~i~\ ~i!.~~;;~l f\."~~~~;;J \J~/'"\l~ '",:,:-":'Vil ~(~:'r~j < !.. ~j ~ii.~~f. .,.""j"'J "~~iiltr\:'i)j :~:f~fgl '1..:1_.,;"1.;.:"", ~'t~ (') " " .' . , .. .',.)",: ":aI"""'~1t~~""_<''''''''A''!P'' "'~ '.,', ."'",,~\ 1. ''''''''/ r,' ,'.,. :::r';.:;..' .. ''L\:-'.h,~~..~~~,4""_-,, , " , 'I',. . "'''''..''' . --"":;'''I'\j~embef'~:'~-u-ttr'.' ::"'~'_ . Pag~ .173 of 373 19 '~l.\~1 NOTICE OF RIGHT~ Section 120,569(1), Fla. Stat. (1997), reqUIres that 'cach Hotice sl'nlllnfonn the reCIpient of any adminislmlive hearing or judlciRI rovlcw Ihat Is nvailabfe lIndor this SO Chon s, \20.57, O'!, \20,68; Mtall indle.ale the procedure which muSI be followed 10 ebtaln lite honnng or judic.al review, nnd shall sl.le I~O limo lim.ts whlcl1 apply: Please ll'le Ihaltllis Notice of Rights IS' not Intended 10 provide legal adVice. Not all t"e legal' proceodJr'gs delallcd t>etow may be en applicable or appropriate remedy. You mny WISII 10 conslllt nn nltoll'"y regarding yOllr fegalnghts Pelitlon for Administrative Proceedings 1. A parson whose subslanlial interesls ale alfo,ied by the Souln Florida Water M<JnagOnlelll District's (SFWMD) action has the dghl 10 request an administrative hearing on that action. The offecled person may reQuesl ellhur a fonnal or Iln Inform at haadng, as sel fort.h below. A point of entry Into admlnlstmllve proceedings is govomod by Rules 26-106,111 end 40E.1.511, ria. Admin. Code, (also publlshod as on oxceptlon to the Uniform Rulos of Proceduro os Rulo 40F..0,1 09), 05 sel forth below, poUlIons ore deemed flied upon receipt of the odglnol documents by the SFWMD Clerk, a, E9lID~l1illmJDlmml!Yo Haarinn: If a genuine 15$UO(S) 0: mlltorlal fect Is., fn dlsPlllo" the affected person socking a lonnol hOarino on n SFWMD decision which does or may determine Ihelr .substanllaUnlerests Shllll filo 0 flollllon for heoring' [lursuanlto Socllons 120:569 ond 120,57(1), Fla, Sial, or for modlallon pursunnt 10 Section 1;:0.573, Fin. Clal. wilhin 21 days, except as provided In subsecUons c. and d. 00101'1, of ellher Wlltte" nollce through ma'lIr;r po sling or publication 01 nollce Ihat the SFWMD has or Inl~nds 10 lako nnal egency acllon, Petitions must'slIbstanllolly comply wllh Ihe requirements of Rule 28.106.201(2); Fla. Admin, Code, a copy 01 the which Is ettached tll'lhls Notice of Rlghls, h. Inromlnf Admlnlstmllvl1 i'lenring; II there . are ito Issues of matorlaf fact In dispute, Ihe affected . person sooking an Infonnal haaring on a SF.WMD decision which does or may delennlno their substantial InlereS\& shall file a patltlon for hearing plIrsuenllo Sections ~ 20.569 and 120,57(2), ~Ia, Sial. or for mediation pursuant to Socllon120.573, Fla, Sial. wilhln 21 days, except as provided In subsocllons c. and d. below, of cllher wntlen not!Cllthrough moll or posting or publica lion of lIollce that the SFWMD has or Intends 10 teke Onal agency aellon. potlllons musl substanllnlly comply with tho reqlllrements of Rule 20.106.301 (2), Fla, Admin, Code, a copy of tile v.hlch Is all~ched \0 this Nollce 01 Rights, c. 6ilin!nis1mllvo Comelalnt and Order: If a Respondent 'obJects to a SFWMD Adminlstrallv~ Complaint and Orner, p"rsuant to Section 373.119, Fin. Slat. (1097), Ihe parson named In the Administrative Complaint and Orner mey file a petillon ror a hoarino no laler than 14 days after tlw dale such order..ls servod. Petitions mllst slIbsWntlnlly comply with tho reQlIlremenls of ollhor sllbsection 'n. or b, above. d, Stain Lands Environmental Resourco Permll: Pursuant-to Sectloe 373.427, Pia, Stal., and P.ute 40E'1.511(3), Fla. Admtn, Code (atso published as en exceptIon 10 Ihe Unllorm Rules ot Procedllre ns Rute 40E. 0.109(2)(c)), a pelillon objecllng to the SFWMD's agency aclion regarding consclidaloo applications for Environmental Resource Permits and Usa of Soverelga Submerged Lands (SLERPs), must be filod within 14 days of the nollCll of consolidated inlont to grant or deny the SLERP. Pelnions musl substanlldlly comply wllh lhe requirements 01 either sIJbsec\lon a. or b. abovo. e, fu.Q!l.~ulhtlrilallon and Order. A person whose substantial Interesls are affected by e SFWMD Emergency Authodzatlon ond Ordol, has a right to file a palltlon undor Soctlons 120.569, 120,57(1), and 120 ~'1(21, Fla. Slnl" as provided In $ubseellons ...and b, ll~ove, HoV/over. Iha porson, nr lila ngenl of the person (osiJOnslble for cllllslng or contributing to 1M emergoncy cooditlons shall lake whatever action necessery to cellse Immodlate compllanCll wilh tho lenns of Ihe Emergency Atrthorlzation and Ordor. f. . Orner for Em!l!W1l.Qv...&;!lQn; A pernon whoso substantial Inlerests aro offocted by a SFWMD Ordor for Emergency Action has 0 righl to file a palillon pursuant \0 Rulas 28.107.005 and 40E.1,61~, Fla. Admin. Code, copies of which ara allachod 10 Ihls Nollce of Rights, and Section 373.119(3), Fla. Slat., fo, 0 hoadno on tho Ormr, ' Any subsequent agenr,y action or proposod aoency action 10 Inillalo a lormal revocation proceodlng shall be soparaloly noticed pursuant to ~eellon g. 00101'1, 0, Prmli\ Sl,spenslon. Revco;allon, Annulmenl. anu W"hdfOwal: If tho SFWMD Issues an admlnls1rallve complaint to slfspend, revoke. annut, or withdraw a pennlt, tho pem1tUoe may reqllp.sI a hearino 10 be condllC:ed In accordance wllh Sections 120.569 end 120.57, Fla. Stat., within 21 days of ()Jlher wnllen nolles through. mall or posting or publlcalion of notice thai Ihe SFWMD has or Intends to take Iinal agency action. Petillons mllst sllbstanlialiy comply with the requirements of RlIlu 28-107.004(3), Fla. Admin. Code. a copy of Ihe which is e!lached 10 this Notice of ~Ights. 2,' Becauso tho admlnlslralivo he~nng procoss Is designed 10 formlllate finol agency action, the OIing of n pelillon means lilal the SFWMD's final action may be dllfer-JOt :rom tile position taken by it previously, Persons whose substantial inlcresfs mny be affeded by f~(>\'l~Cd July 1 1991} ...,..~,'.,"- '~'~"~:0?{":\'~ "~~ \ ..._4<... ......._-.....".......~... .,... , I t ../ n ',-... " any such linal decision 01 lI\o SFWMD sholl I,ave. pursuant 10 Rtlle' 40i:.1.511(2). Fla. Admin. Code (al~o publlshod a& an e::ception 10 the .Ur,,'o,rn Rules of Procodure as Rule 40E.O.109(2)(c)). an nd,j,:iona, 21 days from the dale of rcc.C1p1 01 nolrc~ of said dr..,~'!>I(.n 10 requesl an admlnistrntivc heming !iowc':er. I . $ ope of the adrninistralive hellrtf\g sllnn. bo hmlled " II' ~ substantial deviation '( 3. Pursttanl to Rule 40E.1.511(4) fa MrnH! Code, sttbsla"tially alfeClod persons entHI ,d : ' a hcarrn~ pursttanl to Sect;on 120.57(1). Fla Stat.. n-ay waive IMlr righlto SUCh a hearing ana I cquesl an Infonllal .Ill'.arlllg befvre the Governing Board pursuant to Seelton 120.57(2), Fla. Stat" which may be gr.nted allhe oplion of the Govomlllg Bonrd. . . 4: P\lrsuan( to Rule 28,1ll6,111(3). Fla, Admin. Code. persons muy file with thO SFWMD a request for extension of Ume .f.qr Iilln~ e pej/llon. Tho SFWMD, for good cause 8hoVio':"may" granl tho e>;tenslon. Tho request for .extension must contain a cortlficate thet the pellhonor has consulted wilh all olhor parties, If any. conce.mlng tho extension and (hat 1110 SFWMD and all other parties agree'to tile extension. CIRCUIT COURT 5, Pursua.llto Section 373.611, Fla. Stal" ony substenUally arrectoo parson wllo cli\lms Ihat finnl agency action Of tho SFWMD roloUng to permit decisions ronslilutes an unronstilulional laking or property without jtls!.compl1nsaUon may saek jurtlclal review of the adim in . clr:ull court by filing a clvll ncllon In the clrcuit cpurt In Ihe jud1clat clrcult In Wlllch the affected property Is localed within 90 days of (he rendering 01 Iho SFWMD's final agency action. : ~ .' ~;~, ,.t- 0',: ':.:1; ~ .it {1 .' . .. ';\ ;~1 '!,',i -J '/',1 .; 1.t ~I; > ~~.~ 6. Pursuant (0 Section 403.412, Fla. Stat., any cillzen of Florld.~ may brinq an action for Injunctive relief agalnslthe SFWMD to rompel the ~FWMD to enforc8 the laws of Chapter 373, Flo. Stet.. and Tille 40E. Fla. Admin. Code. Tho complelnlng party must me with the SFWMD Clen: n verifloo romplelnt 5etlll10 forth the faels upon which the complelnt Is based and Ihe manner In which the romplainlng party Is affec1od. If the SFWMD does not take approprlate action on lhe complaint within 30 days of receipt, the complaining ~arty may then file a eM suJt for Injuncllve reRer In the 15 Judlciat Circuit In and for Palm Beach County or drcuil court In Ihe county where the ceuse of action allegedlY oCClJrred. .'''' .t; ':1~ ,_i ";' :i~l .~, .(.': t{ :~. ~;1'~ ;':J~ 7. Pursuant to' Section 373.433, Aa. Stat., a private citizen of Florida may file sun In circuit court to requIre the abatement of any stomlwalar management system. dam, Impoundment, reservoIr, appurtonnnt'werlt or wot1ts that vlolnte the f\rovislon5 of Chapter 373. Fla. Slat. " :it: . ..". "~ . .. ::'. , I " . .' Ager)da Itefl\ Nll"~llD~' ,,..Ci/;,..'n;" 'l..,~ 0,.' ,....ov~r'6f'2~i~~:;~;~~ Page 174 of 373 . -' \. DISTRICT oOUln OC APPEAL o Pursuaflllo SectIOn 120.68. Fta. SIal.. a party whO ,. naversely .(feocQ by nnal SFWMD actton rIIay ;..'c;. It,,;'~'al 'evlaw of the SFWMO's lir'.al ;:edslon by foIlng 11 notl C 01 "ppeal P', suer'l to FJonda Rule of Appellate ProcC!lllra 9 110 In Ihe Founh Dlstrtct Court of Appeal or in lhe ;lpr~lIate dtstncl wh~re a party tJsic~s and Iiling a 50ce,l1d copy of 1'10 "'A''''' with I~ e SFWI.\D Cieri< within 30 . daY.5 of l.....ncJt1-OIIU (.,f U'd final SF\^JMO action. UlND AND WATER ADJUDICA TORY COI.\~'iSSION 9. II pany 10' " 'proceedlng below' may saek :')VleW by the Land and Water AdJudlcalory Commission (LAWAC) of SFWMO's flndl agency aC:lon 10 del ermine If such adion Is C<lnsist~nt Wllh the provislonr. and purposes Of Chapter 373, Fla. Stat. Pursuant to Seellon 373.114, Fla. Stat., and Rules 42.2.013 and 42-2.0132, Fill. Admin. Code, uequasl for review of (a) ar order or rula of the . SFWMD mus! be filoo with LAWAC within 20 days' nller rendition of lhe order or adoption of !he. rule. sought to be reviewed; (b) on order nf the Departmenl of'Environmental Protection (DEP) requiring amendment or reponl of a SFWMD rule must be moo with LAWAC within 30 days of rendition of Ihe DEP's order. and tC) a SFWMD order enlered pursuant to a formal administrative hearing umter Section 120.57(1), Fla. SI3t., must be filoo no taler Ihan 20 days after re!\diti00 01 the SFWMD's final order. Simultaneous wilh filing, n copy of the request for review musl be se/Ve>:J on (he DEP SecrelalY, any person name>:J in the SFWMD or DEP linal order, and all parties to the proceeding b'Jlow. A copy of Rule 42-2.013, Fla. Admin. Co~e Is alt3!,hed to this Notice of Rights. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A proper1y ovmerwl1o alleges a specific aellon of the SFWMO has inordinalely burdenoo an existing use of the real property, or a veslOO r.ght 10 a specific use of the real property. may file 0 claim in the clrcuil court where the renl property IS 10oalOO within 1 year of tho SFWMD adlon pursuant to the procedures sel forth in Subs~ctlon 70.001 (4)(a). Fla. Stat. lAND USE AND ENVIRONMENTAL DtSPUTE RESOLUTION 11. A property ownor who r.lleges that a SFWMO development order (as that tenn is definoo In Seellon 70.51 (2)(e), Fla. SIal. to Include pennlls) or SFWMO enforcement aellon is vnreasonable, or unfairly burdens the use of the real prop~11y, may file a request for relief dth lhe SFWMD wiltlln 30 days d receipt of the SFWMD's . order or n.ollce of agency aellon pursuant to the procedures s~l (olth In Subsections 70.51(4) and (6). FI~. Stat. 1,IEDIATION 12. A person whose substantial Inlerests are, or may be, affected by tho SFWMD's action may choose rr.cdlt,;I~n oS an altenralive remedy under Section 120.573. Fa. SIal. PurslIant to Rule 28.106.11 :(2), Fla. Admin. Code, the peliliOll lor ",edlallon shall be filed within 21 tlays .')f either wl1llan nolice through mat! .or posting or nC~JSC(] July I. l!Y:l:B publication 01 notice ,hat lI,e SFWMD flUS or 1Il10~(Js 10 Inko nnol o(leney ncUorl. Ch0051"Q rncrJtillion will rlol advorscly ,,!leel tho riOltl to ~n ndmlnlstrativo ltoanl\\I If medlntioll do'!s not resullln scitlcmcllI. Pu,suanl 10 RulB 26.100.402. Fla, A~rnln. COlie. 1110 contents of Ihe pefilion for mediation slloli conla,in 1M following informalion: (1) Ihe name. addr'.'ss. and telephone number of 100 porson requosting medinlion arId thai person's repr~sentativof if any; , (7) a stalemonl or Iho prf.llimlltnry Bucney .-- ,'. ,t..,\~" ,', " ~, action; -'1 (3) nn ex[>lanatiCI/l (d Ituw 11\0 porson's subslnnllal Inleresls will be affoded by ItIB agency detorniinnllon; ~nd , . (4). 0 st&lemont of relief sciught. As provided In Section" 120.573, Fla.,.Slat. (1$97), .the timely ngreemont of alllhe paWils to medlato'\ym toll Ihe lime "mltallons Imposed by Sections 120,569 and 120.57, Fie. Sial., for requesllno and' hOlding an edmlnlstrallve hooting. Unless otherwise agraed by the parties. tlte mediation must bo concluded withlrl 60 days of the execution of tlto agreemen!. . If mediation results In seUlemenl of the dlspule, Ihe SFViMD must enter annal ordor Ineorpornllno the agrcemen~ of the parties. Persons whose substantial Interest will be Mfected by such a mOdIOed agoncy do(~slon havo a rig hi to potllion lor hearing wilhln 21 days ,of receipt of tho final order In nccornance with the requirements of Sections i20.589 and ,120:57, Fla. Sta!., and SFwMD Rule 28-10e.?01(2); Fla. Admin. Code. If medlallot) lermlnntes wilhoul setltement of Ihe dlsputo, the SFWMD shall notify all parties In writing that the administrative hennng nroC<'.ss under Seelions 120.5G9 and .120.57, Fla. Sial., remain ~v"ilabl~ lor disposition of tho dispule, nnd the nutice will specify Ihe deadlines thai then will apply for challenging Ihe agency aellon. VARIAN!;ES AND WAIVERS 13. Apen;on who Is ~uuJe<:t to regulation pursuant to 0 SFWMD rute ond believes the oppllcallon 01 that rule will creole a substanllal hards'hip or will violate principles of fairness (as lhose lerms are deOned in Subsection 120.542(2), Fla. Sta!.) and call demnnstrale thst lhe purpos~ of the underiylng stalute will be or has been achieved by other ~oans. may file a petition with the SFWMD Cler1<. requesting a variance from or, waiver O,f lite SFWMD rule. Applying for a variance or waiver does not substllule or o~ond the time for filing a rclilioll for an aumlnI5ir.::ve hearing' or exercising any other right Iha: a person mo\, have concerning the SFWMD's action. Pursuarit to Rule 28.1<>4.002(2), Fla. Admin. Code. the pomion must include the fnilowlng Information: (a) lhe caption shall read: Petition 'fur (Variance from) or (Wal',or of) Rule (Citallon) '" '-. . (b) The name. address, telephone number and any facsimile nurnbor 01 Ihe petilloner; ".:.", J j ......,:;-......:.,. , ~.. -.,',., . ..'fr...~','('; i."i.!;.....t.~'<lJ\,'.'i':w...t~., ,;~,..r:,..,,,........_.... ,/. I..... r, 'Agendll'ltern'N<,!,'17D. .... November 9, 2010 Page 175 of 373 /. r~) Tllo noma, adulUos telephone n'Jmber ,,"r) ""Y lacslrnUe Ilumbor of lito allomoy or qunlifled "(:p"'~onl"tivo of Ihe f)Iltilloller, (if anyj: (d) Ihe a~pliC'lble n;,"- or :>ort,on of the Nle: (~) Ihe ci\ation to Ihe ,tattle fhe rule is In)plernl;'llling (f) Ihe type. of aelioll requested; (0) Ihe spociflc raels tr,at demonstrate a stJb$lnnlial hardship or vlolalion Of principals or falmess tlt~t would justrfy a waiver or l'ari&IlCO ",r the petitioner, (It) Ihe masoll why Iltc v"riallcc Of the waiver 18QtltlSI')d \'/011'(.1 s~lve Ih~ purfl()~,n\; 01 Hlc unde~ylng '1"lulo., anll (i) a slalement of whelher Ihe variancc or waiver Is pennanen! or temporary. If the variance or . waiver ;s temporary. the petillon shall Include the ,dates indlcallnQ the durallon of the reQtJested varia,nce or waiver. A porson rcquestlnu an emergency variance (rum or IVdiver of a SFVVMD mle must clearly so state in the C1\p1lnn of Ihe pelltlon. In r.dditlon to the requiremonts or Section 120,542(5), Fla. 1':lat. pursuant to Rule 26- 104.004(2), Fla. Admin. Code. the peUllon must also include: n) Ihe specJne facts thai make the siluation an emergenoy; and h) Ihe specific f.lelS to show lit at the petitioner will suffer Immediate ad':en;e effect unless tho variance or we!ver Is issued by tile SFWMD more expodillouSly than Ihe applicable lime frames sel fonll!n SectIon 126.542, FI~. Stat. .:::\ -'~ ";$ WAIVER OF RIGHTS 14. Failure 10 observe tho relevant time frames p,escribed abovo will constilute a waiver of such rioht /'8-106,201 INIlIA TION OF PROCEEDINGS (IHVCX-VlNO CtrsPVT"-D f$'StJES OF MATERIAL PACT) (2) All petitions filed under these Illles shall contain; (a) The name and a~d'ess of each agency affected and eacll agency's file or Idenllncation number, If ~llOwn; (D) The name, address, and telephone number of the petilloner, Ihe nomo, address. and telephone number 01 Ihe pel~ioner's represenlaUve, ~ any, which shall be Ihe Jdoress for service purpose. during the coun;e of the pro::cedlng, and an explanation of how the pellljone~s substantial Interests will be affected by the agency deJemlinallon; (c) A statement of wlten and how Ihe pe\lIloner receiVed noUce of the agency decision; (d) A statement of all disputed Issues of material fael. If there are none, the petillon mllst so indicate; (e) A concise stalement of the ulllmale facts olleged, ns well as the Nles and slalules which entille Ihe petilloner t) relief; aM . m A demand (or relief, H{'\lr!;ed July; \ 998 ., .~.~. ~---:.:~7~"h~ ":!;~~~n~~~ , .." "::,\1 .....{ I':'" ,<.,' ::~~ ,~~~~ - ' .;?;~\. ,"',' ):i .,,'\, ',','.: ~t:: :\1Dl '..;,q~ M:; "'I ~f ' ':""1' ".' )'/~ ~f jij ~} '~~ 1,:'(1; .j,' .1 :.~' tl~t \~.: t~fi:' ~~~} Jft; -.:~~~ '.'i"'~P f~~~'l ':;~':;: ,,',\- '. ~l";' '::J;' ..M,;;,...ft"',,....,,;.,............ ~ . ~ ,,'I."" t\ " , ;' ", INITIATION OF PROCEEDINGS ('.of IfN~VIUC DttNTEC t~.cuE:!i OF 1.,^TE.f~l,a.l r /Ie r) 26-106.~~1 " (2) All pelUions fiI~>d url~cr these rul~s shull co~tDII1, (a) The nallle and ,dd:~;S vI ~,:ch agency 'ilfed,JIj and each agency's file or ,d/,nllllC<lt,on ,lU1nl>w.,O"'o,,n; (b) ,h~ nHmc; addrc>s, and leJ.. ;)ho:;c nWnl..ef of me r.e!Hio,ler; fho name, addre&s, aoJ :elf'pl:on,) nUOlON or the 'pelitlon~r's !uprbse,~I.alivc, il any, w~,ch shall be the addwss' for sorvice purposes dur.nO \lie COII('S6 of It," '.. proceeding, 'ar~1 an explanalion 01' how II ~ pelolione(s' wbsturllal Inlerests "III be al;cctcJ. liY l,Ile agency delermlnalloll: . ..", :'., ,.,' (c) A st~lomenl of w(lCn and hoY! tM pctilioner rece.i'Jed notice of the ageMy cecision; (d) A condse 5ta:ement of the ullimote facts allege<!, as weU as th~ rules and statules which entitle the ;JClitioncr to relief; and (el II dmn~;id (or relief. suspeNSION, REVOCATION, ANNULMENT, OR WITIlDRAWAL - -. - (3) Roquests for hcaring filed In accordance wilh lhls n,o shIJll h~dudo: (0) Tho flame and o0dross 01 tho .po,ty, making tho roqu3sl, for purp%!\S or ,:crvlr.c; (1)) A statement that the party Is req"esling a hearing Involving dispuled isslles of mat6nal tac!o or a hearing nol invoMng displIled issues of material far.t; ~nd (c) A reference 10 the nolice, order 10 sl\o\~ cause, admlnlstrallve complatnl. or other commcnicalicn Ihat the party has rocolyed from the agenef. 26-107.004 42-2.0\3 REQUEST FOR Rr:VIEW PURSUANT TO SECTlON373,11~ or~ 3;'3,217 (1) tn !Jny proceeding edslng under Chaptcr 373, F.S., rcview by the Florida land and' Water Arljudicatory Comml[sion may be, Inlli~tL'd by the Dcpartmenl Jr a pdrty by filing a request lor such review will1 the SeCiolary of the Commission and serving a copy on any person namad 'n tho rule or or<1er, ~nd on all par%s to (tie pre c',cding which resulted In the order soughl to I;>e revic'::ed" A, r.ertinca\e 01 service showing C(JmpleUon of service as required by this cullsection &hall be t requlrcment lor a detem\1nelion of sufficlency under Rule 42-2.0132. Failure to nIe the request \vill1 the Commission within the limc period provid~d in Rule 42-2,0132 shall resullln dism,ssal of tile request for review. (2) 'rhe requesl tor review shall id..nlify the rule or order requested t6 be reviewed, the proceeding In Which the rule . o,'ol\lerwas entered an~ the nature olllle rule cirorder. A, 'VlPy of Ihe rule or order sought to '?e. revieN~d sMII be atl~che<l. The reqoest 'for' revle\'/ "sh~1I state with particularity: (a) How the ordcr 'or rule r.onmds with the requirements, r~rovjCiions and pUlposes of Ct'\apler 373, F,S,. cr rules (1"ly "dopted themundcr; 1""\ Agenda Item No: -17.1:)." -:..., November 9,2010 Page 176 of 373 r' \Il;' Hew Ine rule (I' orUer sought \0 bc reviewed affeds the Inleresls of the party s~~klng reviow; ((, Th~ or3~ or wlltten <itDlem mt. !;Y/om .or unsworn. wIJlr.t\ \v3!J Sllbmillr:o to tl1e agcl'nr.y con corning the matter to bo luvic",c,; ;.,,,) IItC elalc anrllocallon or the statement, ,I lhc indlVidunl or enlity r~'1lJe!,linJ Ihc revic\\' has no! pmllcipatelllO n pmr.ccchng prevlcu51Y InslillIlro pursuant to ehapte. 1'0. F.S , on Ihc or(je~ (Of whIch rcvic'.., is snught ill) If review of ""vrder ;s.lleing sO"Qhl, wholhar dn~ how the activity authorizecl by Ihe ordcr,' would ~llt)'lt3ntlally affc..;\ nd!ural rC50lJr(.t~fl .of statewido ~r .-" r ~glol\at signlr.r..aor.o, or "Ilethcr the orON raisos issues 01 policy. stalvto'. in:erpretallon 0,' rulc In1erprelation thai have roglonal or stalewlde sigrlficance trom a standpoinl of agency prec.I)denl. and all the fa Dual bases In Ihe record wh;oh the petitioner claims support SUen dclermlna!io:\(S); and (el The a~iion requested, to be la!:en by Il1e Commi.lslon as a result' of Ihr:. review, whr:.lher to ruscind or modify the order, or remand I.he proceeding to the walor managamont district lor lurther action, 0(' to ;equlre ,he wolor n1aMgoment dislrlcl to Inlllate n,lemn~ln. 10 adr,pt, :;mond or ropeal a (lilo. 28-107.005 EI~ERGENCY ACTION (1) II the agency finds Iha, Immediatc seriou~ dall()er to Ule publiC health, safely, or wella,'e requi'cn ememency ad lon, the agency shall summarily suspencJ, Iimh, or restrict a IIcenso, (2) the 14,d"y notice rcquirement of Seelion 120.509(2)(b), F, S.. does nol apply and sha,lI nOI ba C()nstrued b prevcnt a hearing at tlte oartlest lim~ practicable uron request of an agglicvcd p!lrty. (3) Untess otherwise provided by law, within 20 days ;:fler emenJcncy action laken pursuantl~ paragraph (1) of this rule, lhe agency shalllnnlale a formal suspension Oi rpvocalion proceeding in compliance wtt! Sedlons 120,569, 120,57, ~nd 120,60, F.S, 4QE,1.61 I EMERGENCY ACTION (1) An cmergency exists when Immedlat~ action is necassary to protect public hCoith, safety or welfare: Ihe hellllh of anlmais, fish or aquatic life; tho worlcs of lhQ Di~lrict; a plIbllc water supply, or r",crcalional, commercial. Industrial, agricullural 0' .othcr rcasonable uses 01 land nnd waler re,ources. (2) The Exccutlve Diredor may employ thc resourcos or the DIstrict (0 take whatevcr ,'emadial adlo,l necessary to alleviate the emergenr:y condilion without Ihe lss11ance of en emergenr.y Qrdc" .or In the cvenl an embr,enCy' ordcr has been Issued; aflerIhe expiralion of" tM requisitc lime for compliance with th~l order. RU\o,S.lldJl..>.. 1,191" .-.,_.-~" <'-f." . .." ..',',,',.'-' '1' ,,- 'C,"-"" . _...-. .~~. . ,~. !. ~:,j. \-,~ ~-~... -;: ';:""":1.,. '. J .... :-:.,-,-:,,',;,'.;.:~>~'~".~"''''''''''7~';~'-' ~. 40E.4,321 ENVIRONMENTAL RESOURCE PERMIT Durall ')f Pormlts . '" A9.emlalt?6J";~'h,,,,1JPi~~.},h' . I'J l~er9 2010 . . "',. CHAPTER 40E.4'W.\i!:re'H7 ~f 373 r . (I) Unless revoked or oll.orwise rnodifiud the durat!on or an environmental (GSol/rce pormit issued undor Ihis chaplor or Chapler 40E.40, F.A.C.ls as tollows:' (a) For n conceptual approval, two years from lhe dale ollssuanco or the date specilled as a condition 01 the permit, unless within thai jJeriod an appllcallon ror on individual or standard goneml porml: Is filo11lor any portion ollhe pro/oct. If an application lor an environmer.'al resource pennlt I~ Iilud Ihon tho .;onceptual approvafremalns valid until "nal action Is takon on tho environmonlal resourcr. permil opplicatJoh, Ii Iho appUcallon Is gmnlod, than Iho concoptual approval Is valid for an adclitional Iwo yoars from Ihe dalo 01 Issuanca of tho 'pormll. Concept\'~1 approvals which hava no Individual or standard general envlroM1er\tal resourco pennlt app/ica.lIons flied lor a parlod of two years shali axplro mrtomnUcaliy at Ihe o'ld of tho two yoar porlod, M For a conceplual approval flied concurronlly with a devolopmenl 01 reglenallmpact (DRI) application lor dev~lopmont approval (ADA) amI a localgovarnmonl comprohonslvo plan amendment, Iho dura lion of Ihe conceptual approval shall bo two yeors from whlchevor ona of tho lallowlng occurs at Iho Into,~t dale: 1. tho ollocllvo dala of the local governmenl~s comprehensive plan amendment 2. ,the ('!fecllve dale of lhe local government developmen! order. 3, the dato on which lho Districllssues the cOMeplual !if-provel, or 4, the latost dale ollhe resolullon of any Chapler 120,57, FAC., admlnlslrolive proceeding or (,lIlor lellal appoals, (c) For an Individual or standard genural envlronmenlal resource permit, five years Irom Iho dalo of Issuance or such amount 01 lime as modo a condlllon 01 tho permit, (d) For a notlcod genoral permllleeuad pursuor\tlo chapter 40.1;.400. FAC" five years Irom lhe dalo Iho nollce of Inion I 10 usa Ihe pormit is provided 10 Ihe District" " (2)(0) Unless proscribed by special permit condlllon, perm!!s expire automalically according to .. the limo/ramos IndJcaled in Ihls rule, If application lor exlol1slon Is' made In writing purtun.nt 10 subsect,on (3), tho po'rrn!! shall remain In lull forco and alfoct unlil: " . 1, lhe Govemlng Board lakas acllon on an application for exlension 01 an individual pormit, or ?. ' sWff lakes aclion on an oPf,lIcallon lor oxlonslon 01 a slandard genoral perml\. (1)) InslaJlullon ollhe project outrall structuro shrill nol conslllulo n vostlno 01 tho porml\. (3) The ponnil oxtenslon sholl be Issuod provldod Ihal a pormltloo flies 0 wrlllen roquosl with .Iho DJ,trlcl showIng good couse prior 10 the oxplrallon of Ihe permit. For Iho purposa 01 Ihls rulo, good cauno shall moen a sot 01 OXI'JIlua1lng c1rcumatencos outsldo of Iho control 01 tho po/mlMo, Rnquests lor oxtenslons, which shall include documonlallon of Iho exlenuallng clrcumstunces and how thoy havo delayed Ihls proloc,!, will nolbo a~ceple'd more than 180 days prior to Ihe 9xplrellon date. . . (4) Subslimllal modillcallons 10 Conceptual Approvals will extend tho durallon oflhe Conceptual Approval lor Iwo years from Iho date 01 Issuance 01 lho modificalior\, For Iho purposes ollhls eocllon, the lorm "subslantiel modilicallon" shall moan a modlflcalJon which Is roasonably oxpected 10 load 10 subslanlially dilleront walor resourt:e or environmental Impacts which require a detnllod review (5) Subslantlal modiffcallons to Individuol or slandard genoral envlronmenlal resource pDr~1l9 !ssusd pursuant 10 a permll appllcallon exlond the duro lion 01 tho permit for throe years from the date 01 Issuanco ollhe modillcatlon, Individual or standard general envlronmenlal rosource pormll modifications do 1101 oxtond the,durailon or a conceptual epproval. (0) Permi! modiflcailons Issued pursuant to subsection 40E.4.331 (2)(b) , FAC. (Ieller modifications) do nol oxtend Ihe durallol1 ot a pormlt. (7) Failure to complele construction ur allerdlion ollhe surface waler managomenl syslem and oblain operation phase approval trom the Distrlcl \~ilhJn the permi! duration shall require a new permit authorization in order 10 conllnuo 'conslruclion unless a permJI eXlen,IDn is granled, Specik: authDrity 37) 044, 373.113 F.S. Law Imp19monlad 373..413, 313,416, 373.419, 37J.4~6 F,S. Kislol'/-Ne-w 9-).91, A/nilnderlf':l1.SZ. 12-1'82, Formerly 16K.4,07(4), AI1''Hmdod1'Hl6, 4/20/94. AmondlK17-1'8G, 4/2W94, 10.3.95 .... -.. ";~ '.'.~-, '.'-"~;..r:'~~""Y"'I~."'I.~"."..:"..:' .. t~:'n'~.' ,,, '. ',- -..'....... ~ .~..--,.. .., . .._-J ..,.,." -. .'':''~j~ Agenda Item No. 17D November 9,2010 Page 178 of 373 This record search is for informational purposes only and does NOT constitute a project review. This search only identifies resources recorded at the Florida Master Site File and does NOT provide project approval from the Division of Historical Resources. Contact the Compliance and Review Section of the Division of Historical Resources at 850-245.6333 for project review information. . September 25, 2008 CU.2008-AR-14078 REV: 1 lMMOKALEE SAND MINE Project: 2006010087 Date: 12/23f08 DUE: 1/26/09 ~Florida (Master Site"- , File ~ Tim Hall Turrell, Hall & Associates 3584 Exchange Ave. Naples, FL 34104 Email: Jessica@.turrell-associates.com Tim Hall: In response to ypur inquiry of September 25,2008, the Florida Master Site File lists one resource group in the following parcels ofCoIlier County: T46S, R29E, Sections 6 & 7 When interpreting the results of our search, please consider the following information: . This search area may contain unrecorded archaeological sites, historical structures or other resources even if previously surveyed for cultural resources. . Because vandalism and looting are common at Florida sites, we ask that you limit the distribution of location information on archaeological sites. . While many of our records document historically significant resources, the documentation of a resource at the Florida Master Site File does not necessarily mean the resource is historically significant. . Federal, state and local laws require formal environmental review for most projects. This search DOES NOT constitute such a review. Uyour project falls under these laws, you sbould contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333. Please do not hesitate to contact us if you have any questions regarding the results ofthis search, Sincerely, (Ms.) Allison Vincent Archaeological Data Base Analyst Florida Master Site File alvincent@dos,state,fl.us 500 South Bronough Street . Tallahassee, FL 32399-0250 . www.f1heritage.com/preservation/sitefile 850-245-6440 ph I 850-245-6439 fax I SiteFile@dos.state.f1.us . en 0 .... c u " :> iD 0 N 0 . W - 0 ctw .... '" ~ Z W '" ::> '" H :i x ... 0 i3 " .... U coO CO " ....ZC ci cc(c ::-U) 1; ClC) :l 'W(,()Q Q ctWc- 0 c(..lc~ , NN ~ CO c( ,. o~.....~ " cog.. '" ~:2 'o.s ::>:E~<'O 0_ll.0 '" '" ~ 0 " z " H 0 H !;: Ul '" U '" S ,. " ... '" 0 .. >. ... 'n U ,.. ~ '" 0 > ~ '" ., :> ~ Ul H Ul H .., '" Z '" ~ '" Eo< H '" ~ N :j W @ '0 0 '" ... '" ~ ... "" " . >" '" 0" '" f;1 ~W U ON eM "M N o .. Ul ~ ~N , '" ~ '" w ~ , N W ... ~ ..0 '" '00 ~ ON ., ...~ .~ 0 ~ ON Z 0 ""~ " ~ .~ '" 0 > 0 0 0 .. N . ~... . . p ~ ~'O H ~ 0 '" ~ ...... ... 0 'n " ~ g I,t).~ I CU-2008-AR-14078 REV: 1 I IMMOKALEE SAND MINE : Project: 2006010087 . ...l Date: 12/23/08 DUE: 1/26/09 I r , I z.~ "'- ...w.... ~,~- - , "~~:::I . '.. " ~ -----1 I' , I ,/ / -1.$.-_ -,,' ---l ~,~ . . .~ :'-----1 .- '- "-, jl .....,... d__~_ \. I. - \':'~~~:e t~~r~~21~~ -=-=r ~ Pa e 1!l~3' . ,Ill< .-..... '~ " ......."'- .. ./ ............. -4-- " ...\l~ '....w....' - ....:.UI 4/ // ~';t;'-:';;':"~:"""" ,..;,:.;:".. ~~ . ...,.~ "''-, ""'~ .O' ''",''"':'''. I II " , 11 /,...----.,......,., t! ! III, 7 Ii I\, y' ',~ 38 I II II II II iI CR00979 lr\ I, \1 \ /--1 , , \ \ \ ... ' -.,..(>". ','1 'r . >,;-/ n ~,;".- il -'~"-:.:". II ..,....... . '''''\:Jj 'if.:..::).. I "", .l ~~~ '::::'::~"""'-' .--~ --",-'-~ ( \ '\" r ) ~ \_~.J ':;; \,O' .,~~" )"', ( "'-.. ~ . J'::::'~''''' \, .-/ .....~~., ........,.~ '"-.... . , \, \ " \. 'b , \ , \ \, , " '~';'" "'~.. '" '" '" \ \ \" r , ;'\..,\:~ 'II '. " "v " '" ~~-::--;:::h_..,____ .....- ~- --::., \ '\ .....~.. \ \ --- \ -. 'f -- ~- ~. -.... ,/ -+- / ,/ .~ . ..... - +-..~ { -~...,~ ~. ..... ,'u ......" \,. Agenda Item No. 17D November 9,2010 Page 181 of 373 __.._____~':""!".:l. DAVID PLUMMER & ASSOCIATES .. . 22;1 M'GREGOR BOUlEVARD, SUITE 100, FORT MYERS, flORIDA 33901 2)9332-1617 . fAX: 239 3'N6t5 . DPAFM@DPLUMMEJ1.COM October 15, 2009 Mr, John Podczerwinsky Development Review Project Manager Collier County Transportation Planning 2885 S. Horseshoe Drive Naples, FL 34104 CU.2008.AR'14078' REV: 3 IMMOKAlEE SAND MINE Project: 2006010087 Date: 11/12/09 , DUE: 12/14/09 RE: lmmokalee Sand Mine Traffic Impact Statement, #08577 2nd Sufficiency Response to Transportation Planning Staff Comments Petition No, CU-AR-14078 Dear John, We appreciate your meeting with DP A and representatives of tbe lmmokalee Sand Mine Project team on September 28, 2009 to discuss the staff comments. Per our discussion with you and Mr. Casalanguida, we have updated our traffic analysis, As discussed, please find attached our responses to your comments dated July 29, 2009. The relevant exhibits and appendices have been updated and attached as part of this letter report. Our detailed responses to your comments are as follows, TRANSPORTATION General Response: Representatives oft/re Applicant metwitlt the County Transportation Services stajJto discuss the staff's comments regarding the Traffic Study on April 9, 2009, ami again 011 September 28, 2009. Summaries of these meetings are in eluded in Appendix B Revised, which is attached. DPA has made several challges in the Traffic Study in respoltse to staff commellts. These are summarized below. . As requested by staff, the horizon year fo/' road segment and intersec/iolt analyses has been challgedfrom 2013 to 2014, LORAI Gp.B~tS . t0Rll,1jYER~ ' fOPl LAUDERDALE @EJ Agenda Item No. 17D November 9,2010 Page 182 of 373 . Tile road segment and illtersection allalyses Itave beell updated to utilize a"e latest data from tlte draft 2009 AUIR. . Road segment ana(ysis of traffic conditlolls 011 SR 82 and SR 29 has been provided for tlte KlSIlPM peak hour, the time perIod durillg wlliclt the combmed trafflc volumes (background trafflc plus Project traffic) are the highest, as recommended by both ITE alld FDOT and as required by Collier COUllty TIS Guidelitles. . Since the Project generates higher traffic volumes during the AM peak hour, DPA has added AM peak hour analysis at tlte illtersectiolls under study and Itas added the SR 82/Corkscrew Road illtersection to the intersections under study, Msed on Collier Coun,ty's 2% - 2% - 3 % criteria. Therefore, intersection capacity analysis has beell provided for both tlte AM and PM peak Itours, the Mo time periods durillg which the traffic volumes on the adjacent road /Jetwork are the highest. . As requested by staff, the Project entrance has bem evaluated based on trafflc conditions during the peak hour of the traffic generator (10 - 11 am) and using passenger ca,r equivalellts for heavy trucks to make sure that the Project turn lanes are designed to Itandle the heaviest volumes entering and exiting the site. Standard Checklist Item: Turn Lanes (Ord, 2003-37) Reviewer Remarks to Checklist Item: 6/29/09 Review Comments: Compensating ROW is a requirement of the Land Development Code, and is not excusable unless conditions exist that would require excusal (i.e. physical constraints), Staff review of the TIS has not yielded a true project peak hour analysis, which is required for tum lane review, and will dictate the need for operational analysis is required, and further discussion with staff regarding the conditions for excusal of the compensating ROW is necessary. At this time, the indication from FDOT is that nD additional ROW is required by their associated PD&E study; however there is a conflicting request from FDOT for acceptance of water management which could be placed in the compensating ROW that is otherwise required. FDOT requirements do not supersede or excuse stricter requirements of the County's land development code, Also, compensating ROW is a requirement in response to site related improvements, and as such cannot qualify as mitigation satisfying policy 5,] of the transportation element of the GMP. ResfJonse: The compensating right-oj-way issue was discussed with the County staff during the April 9 and September 28 meetings, During tlte latter meeting, tlte staff agreed that the followillg stipulation would salisfy the County's requirement for compensating right-of-way for turn lanes at tlte Project entrance on SR 82. The Applicant will reserve 35 feet of right-of-way along the nortlt side of SR 82 for approximalely 1,190 feet along the Property's frontage, as per the preferred alignment in the SR 82 PD&E Study. Tlte Applicant will work with the Florida DOT during the design phase 2 ~ Agenda Item No. 170 November 9, 2010 Page 183 of 373 for SR 82 to eliminate the need for this additional 35 feet of right-of-way by allowing conveyance of off-site storm-water run-off, if lIecessary, via all easement. However, if the need for additiollal right-of-way canllot be eliminaJed, thell the Applicant will dedicaJe up to 35 feet of right-of-way along the 1I0rth side of SR 82 to the State. This right-of-way dedicatioll will satisfy the County's requirement for compensating right-of-way. TRANSPORTATION Sbmdard Cbecklist Item: Right-of-Way (Ord. 2003-37) Reviewer Remarks to Checklist Item: 6/29/09 Review Conunents: Refer to turn lane commcntary. ResPollse: No response lIecessary. TRANSPORTATION Standard Checklist Item: TIS Requirements (LDC 6.02,03; TIS Guidelines and Procedures) Reviewer Remarks to Checklist Item: 6/29/09 Review Comments: 1. The Traffic study does not analyze the project's peak hour of impact. The necessity for this analysis has become evident through the course of this review; in response to the use of the "CEMEX Time in Plant Summary Report". The report should analyze the four highest consecutive 15 minute intervals around the lOam to !lam timeframe, Operational review for tum lanes, acceleration lanes, etc. must be centric to this project peak hour if it is to be used as the accepted methodology for hourly distribution of project impacts, Response: DP A followed stalldard traffic ellgineerillg practice in preparing this Traffic Study. . The ITE Trip Generatioll Handbook (Secolld Editioll, JUlle 2004) states Oft page 4 that: "The time period that should be allalyzed is the time period ift which the combillaJioll of site-gellerated traffic alld adjacellt street traffic is at its maximu",. " . The Florida DOT Site Impact Handbook (April 1997) states on page 51 that: "lft trip gefteratioll, the peak period to be analyzed should be the period with the highest combifted street and site generation traffic volumes. " As recommended bV ITE and FDOT, DPA evaluated the Project's off-site traffic impacts on road segmellts based 011 the peak hour of the adjacent street system (SR 82), when the 3 ~ Agenda Item No. 17D November 9, 2010 Page 184 of 373 combined volumes for tile Project and tlte adjacent street system are Itigltest. During tlte September 28 meetillg with tlte staff, it was agreed that t/lis time period is tlte PM peak hour. Appendix S2-A provides the hourly distribution of traffic 011 SR 82, based on 2008 permanent count data from Lee County Permanent Count Station (PCS) 21, whiclt is located on SR 82 east of Gunnery Road and Daniels Parkway,. The permanent count station data clearly indicate that the peak hour of the adjacent street system (SR 82) is the PM peak hour. Tlte percentage of daily traffic occurring during the PM peak Itour is 8.0%, compared to 5.4% during tlle AM peak Itour and approximately 4.6% in the mid-morning 10 am to 11 am time period. Since the trafflc volume generated by tlte sand mine is relatively small compared to SR 82 volumes, tlte time period during whiclt tlte adjacellt street trafflc plus the Project traffl.c is at its maximum is the PM peak Itour. Therefore, consistent witlt tlte traffic ellgilleering documents cited abovealld as agreed during the September 28 meeting with tlte staff, DPA used the PM peak hour time period for tlte evalua,tion of the mille's off-site traffic impa,cts Oil road segments. Following standard, accepted practice in Collier County, DP A combilled the peak hour volumes for SR 82 and SR 29 frolll tlte Collier County Annual Update and Inventory Report (AUIR) witlt the Project traffic during tlte K2st/PM peak hour. The road segment analysis is shown in Exhibit 9 Revised. Exhibit 9 Revised has also been updated to reflect the latest information from tlte County's draft 2009 AUIR. As shown in Exltibit 9 Revised, the Project does IlOt have a significant impact on either SR 82 or SR 29. Howe1>er, since the Project generates higher traffic volumes during tile AM peak hour, DPA has added AM peak /tour analysis at the intersections under study Wid has added tlte SR 82/Corkscrew Road intersection to tlte intersections under study, based all Collier County's 2% - 2% - 3 % criteria. Therefore, intersection capacity analysis Itas been provided for botlt tlte AM and PM peak Itours, the two time periods during which the traffic volumes 011 the adjacent road network are the highest. Also, as requested by staff, tlte Project entrance Itas been evaluated based on trafflc conditions during the peak hour of the traffic generator (10 - 110m) and using passenger car equivalents for heavy trucks. This was done to make sure that the Project turn lanes are designed to handle tlte heaviest volumes eIItering and exiting tlte site, AccordiJlgly, Exhibit 11 and Appendix N have been updated to reflect tlte Project's traffic generation during tlte 10 am to 11 am time period. The turn/ane warrants and storage length calcula,tions at the Project entrance are now based 011 tlte peak hour of tire traffic generator alld passenger car equil'alents for heavy trucks. The recommellded storage length for the eastbound left-tll/'ll lane brto the Project remains 75 feet. 2. Trip generation estimate based on the CEMEX study do not correlate with tbe trucks that would be required to move the annual cubic yardage (5.2Million CuYd) stated on page one of the TIS. Assuming 299 work days per year (6 day work weeks with 13 holidays), the daily truck tlips (for 18CuYd trucks) would be 1,618. This number is approximately 126% of the applicants 4 @E) Agenda Item No, 17D November 9,2010 Page 185 of 373 estimate, If operational 365 days per year, the number of trucks would be 1,326 daily; still greater than the applicant's estimate. The purpose of a traffic study for a mining conditional use is to evaluate the maximum potential impact of the allowable zoning, which has not been done in this TIS. Staff recommends another methodology meeting be held or the annual excavation amount is limited to better coincide with the trip generation that is proposed, Res1Jonse: In the previou.s su.fficiency commellts, the staff asked the Applicant to document the estimate that tI,e sand mine would generate approximately 600 truck loads of sand per day. DPA has done so, with the assistallce of Cemex, by providing actual Time in Plallt data from a comparable sand mil,e, FU/1hermore, based Oil the Time ill Plant data provided to the staff, DP A adjusted the figure s/fghtly from 600 per day to 611 per day. During the AprU9 meetillg betweell the Applicallt alld Mr. Nick Casalallguida, the Applicant reviewed the Tillie ill Plallt data with Mr, Casalanguida. He agreed that the Time ill Plallt data would be acceptable to the stafffor documenting the salld mine's traffic generation. II should be lloted that tire staff inadvertently misinterpreted "tOllS" as "cubic yards" ill their calculatiolls. The text 011 page 1 of the Traffic Study said that the Project will produce up to 5.2 million "tOilS" of high quality sand per year. The stafFs calculations are based incorrectly 011 5.2 mil/ioll "cubic yards" of salld. 3. Analysis tlu'ough 2013 does not cover the 5 year planning window, Applicant notes regarding Mr. Casalanguida's determination that 2013 covers the 5 year window are not acceptable; no other TIS has been reviewed in this manner and as such would constitute speciallreatment for this applicant. A five year planning window from the date of the anticipated cepe hearing is recommended, but a five year analysis from the date of the TIS review is a requirement. On Appendix J, there is still no explanation of how the segment growth factor is derived; staff requests that the applicant show the math behind the determination of this factor. Res1Jonse: Table 9.1 in the County's TIS Guidelfnes states that the horizon year for background traffic in a Conditional Use application is the "A UIR + Background Growth to 5-year Horizon >t. Based On this guideline, 2013 would be the appropriate horizon year if 2008 AUIR data is used ill the an alysis. However, since DP A has updated the Traffic Study 10 use tlte latest iltformation from tlte draft 2009 A UIR, the Traffic Study Itas been updated to use a Itorizon year of 2014, as requested by staff. The staff agreed that tltis is the appropriate horizon year during the September 28 meetil'g. Exhfbits 7-10 and Appendices J-M have therefore been updated to reflect a horizon yearof20U. As explained at the bottom of page 5 in the Traffic Study, the historic traffic growtlt rates were based on historic traffic volumes reported in the County's 2003-2008 A UIRs, as requested by 5 fdp;) Agenda Item No, 17D November 9,2010 Page 186 of 373 the County staff in the first sufficiency comments. As mentioned in both the summary table at the top of page 6 and Appendix J, the growth rates are linear growth rates developed using all EXCEL spreadsheet (Appendix J), with a best fit linear regression line keyed to the 2003-2008 historic A UIR traffic volumes lllld extrapolated through 2013. The detailed math was done by the EXCEL sprea,dsheeL This methodology for estimating AUIR growth rates was explained to the staff during the September 28 meeting using both tables and graphs showing the linear growth trellds. These tables and graphs had been updated to ine/ude 2009 volumes from the draft 2009 AUIR and to project growth rates based Oil the time period 2003 to 2009. The resultant growth rates were used to project traffic volumes to the horizon year of 2014, The staff agreed with DPA's methodology, but asked DPA to provide copies of the graphs showing the linear growth trends. These graphs have been provided in Appendix J 1I.evised, along with the updated tables reflecting the 2009 volumes from the draft 2009 A UIR. 4, The 2%-2%-3% analysis is anticipated to be revised after accommodation of comment 2 (above) iIlto the TIS, Further analysis of consistency with policy 5. I of the Transportation Element of the GMP will be forthcoming, Res/Jonse: Please see other responses related to the County's 2%-2%-3% criteria for signiji,callt impact determination. 5. Passenger car equivalency factor should be applied to the significance test, per Mr. Casalanguida's request. Res/Jonse: As shown in Exhibit II Revised and Appendix N Revised, DPA used passenger car equivalellts for heavy trucks whell examilling tum lane warrants at the Project's entrance and to estimate storage lellgth requiremeltls for tum lalles at the Project entrallce. Also, as explailled ill the response to Transportation Comment 1 above, the Project entrance has been evaluated based or. traffic conditions during the peak hour of the traffic generator (10 - 11 am) and using passenger car equivalellts to make sure that the Project tum laltes are designed to handle the heaviest volumes entering and exiting the site, During the September 28 meeting with staff, the use of passenger car equivalents was discussed. It was agreed that passenger car equivalents should 'be used for the evaluation of tumlanes at the Project entrance, but not for road segment or intersection analysis. 6 @EJ ._---'_.-..,.,--"._--"".~_.,.,-"_._--_.. Agenda Item No. 17D November 9, 2010 Page 187 of 373 6. Provision of the TIS to FDOT was done by County staff, No evidence has been presented that FDOT, Lee County, or Hendry County has been provided the TIS, Staff recommends finalizing the TIS with Collier County first, then updating distribution to FDOT, Lee Co., and Hendry County with the final version. Response: The staff's comment that "No evidence has been presented that FDOT, Lee County or Hendry County Itas been provided the TIS" is incorrect . On page 9 of the Traffic Study dated Revised May 27, 2009, the text states: "As requested by Mr. Casalanguida, tlte revised Traffic Study dated May 27, 2009, will be provided to Lee County, Hendry County and the Florida DOT for review." . The TIS was mailed to FDOT (Mr, Tony Sherrard and Ms. Trinity Caudill-Scott), Lee County (Mr. Andy Getch) and Hendry County (Mr, Vince Cautero) on June I, 2009, immediately after the Traffic Study was re-submitted to the County stafffor review and comment. Both Mr. Nick Casalanguida and Mr. Michael Greene of the Collier County staff received copies of all three transmittal letters. . Representatives of the Applicalll participated ii, a teleconference with six (6) representatives of FDOT on Monday, June 15, 2009. Those participating on behalf of FDOT included Mr. Tony Sherrard, Ms. Trinity Caudill-Scott, Mr, Lawrence Massey, Ms. Jana Jarvis, Ms. Amy Perez and Mr. Jim Baxter, Mr. Nick Casalanguida and Mr. Michael Greene of the County staff also participated in this teleconference with FDOT. During the teleconference, there were numerous references to FDOT having received the TIS. . On JUlIe 17, 2009, Ms. Paula McMichael of R W A provided Ms. Jana Jarvis of FDOT with a copy of the site plan for the Conditional Use application via e-maiL During the September 28 meeting with staff, DPA told the staff that they would also provide this 2"" Sufficiem:y response to Lee COUllty, Hendry County and the Florida DOT. The staff said that they would contact the review agencies to see if they had any comments regarding the TIS. 7. Provide verification that 24 hour on-site operation of mining equipment will be allowed. As a cautionary note: If 24 hour operation is not allowed by Bce approval of this conditional use, then the TIS would require revision for analysis during allowed operating hours, and analysis of the revised shift hours, Response: The Applicalll will comply with County regulations regarding mine operations. As explained 7 ~ Agenda Item No, 17D November 9,2010 Page 188 of 373 in the Trafflc Study, these a/I-site employees will hal/e a negligible affect on peak hour trafflc generation, because the shift changes don't occur during the PM peak hour. 8. Distribution: Although typically applied as such, Policy 5,1 analysis is not strictly limited to PM Peak hour. Brief review of 61 anl peak hour directional trips shown in the TIS would yield a 6.97% impact on the adjacent roadway; requiring analysis of adjacent links during that hour. Exhibit 10 currently shows failure of adjacent link 86 in 2013, though during the PM Peak hour. No mitigation is proposed by this development at this time, though the project does have an impact (possibly greater than shown when considering comment no. 2 above) on link 86. Development of a mitigation strategy is recommended. Response: As ShOWII in Exltibit 9 Revised, the Project does /lOt have a signiflcant impact on either SR 82 or SR 29, However, since the Project generates highel' trafflc volumes during the AM peak hour, DPA has iI,eluded AM peak hour analysis at the intersections under study and has added the SR 82/Corkscrew Road intersection to the i/ltersections ullder study, based on Collier County's 2% - 2% - 3% criteria. Therefore, intersection capacity analysis has been provided for both the AM alld PM peak hours, the two time periods during which the traffic volumes a/I the adjacent road network a,re the highest Also, as requested by staff, the Project entrance has been evaluated based on trafflc conditions duri/lg the peak hour of the trafflc generator (10- ]] am) and using passenger car equivalents for heavy trucks to make sure that the Project tum lanes are designed to hatldle the heaviest volumes en,terillg and exiting the site. With regard to the staff commellt about link 86, the SR 29 volumes in Exhibit] 0 referenced by staff are derived from one-time 0111)/ peak hour turning movemellt COUlltS. They are not derived from offlcia] Collier COl/llty documents, as are the AUIR COl/nts used for the road segment allalysis. The road segmell.t analysis (Exhibit 9 Revised) prepared by DPA utilized the Coun.ty's official AUIR volumes for SR 29 and growth rates developed from AUIR historic volumes, as requested by the County staff. The methodology used by DP A for the road segn/elll analysis was cOllsistent with the signed Illitial Meeting Checklist. The County staff agreed during the September 28 meeting that the road segment analysis presented ill Exhibit 9 Revised represents the official road segment allalysis, not the intersectioll volumes showll in Exhibit] 0, As shown in Exhibit 9 Revised, the levels of service on SR 29 are /lOt expected to exceed the State's LOS stUlldard ill 2014, 9. The NB Left tum from SR-29 to SR-82 is not a free-flow condition, It is a yield condition, which should be treated as a stop condition in the HCS analysis, Also, the 20% truck percentage on the raw tuming movement diagram does no! match the HCS+ analysis of 2% heavy vehicl.e 8 fE Agenda Item No. 170 November 9,2010 Page 189 of 373 percentage at this location used in the 2013 analysis, Upon final agreement with staff re: how to ,detennine trip generation (including project peak hour trip generation), the final intersection analysis should analyze the peak hour of the project, not just PM Peak hour of the adjacent street. Response: With regard to the 1I0rtltboulld left-turn lane at the SR 82/SR 29 intersection, DPA agrees with staff that the northbound left.tut'll lalle is a yield cOlldition, with regard to southboulld through traffic, rather than a free-flow condition. For this reaSOIl, it was treated as a yield cOlldition ill the HCS analysis. Witl, regard to the 20% truck perce/ltage, DPA agrees with the County staff that tl,e hea1:l' truck percelltage should be revised to reflect the 20% existing condition rather thall a default value of 2%. This change has beell made in the HCS analysis [or this illtersection. During the September 28 meeting, the COUllty staff asked DPA to adjust the heavy truck percentages used ill tlte intersection analysis to reflect the heavy trucks generated by the Project. This has been done. Please see tlte table in Appelldix S2-B for the adjustmellts used in the updated HCS analyses, With regard to the Project trip gelleration, please see the previous respollse to TrQJ'sportatioll Comment 2 above. With regard to the peak Itour allalysis, please see the previous responses to Transportatioll Commellts 1 and 8 above. DPA has provided road segment analysis for the K2Sr/ PMpeak hour, intersection capacity allalysis fo,' both the AM alld PM peak hours, arId alla,lysis of the tumlanes at the Project elltrallce for the 10-11 am off-peak hour wlten Project traffic volumes are highest, TRANSPORTATION Standard Checklist Item: Project is not consistent with policy 5,1 of the Transportation Element of the GMP (2%-2%-3%; mitigation) Reviewer Remarks to Checkli.st Item: 6/29/09 Review Comments: TIS now shows failure of link 86, and does not show comprehensive review of the trip generation numbers. Upon finalization of the TIS, any proposed mitigation will be evaluated for consistency with the Transportation Element of the GMP. Further comments may be forthcoming. Res/Jonse: With regard to the staff commeltt about lillk 86, please see the respollse to Trallsportation Commellt 9 above. With regard to the staff commellt abollt tlte peak hOllr allalysis, please see the previous respoltses to Transportation Commellts 1 alld 8 above. DPA Itas provided road segment allalysis for tlte K2sr/PM peak hour, illtersectioll capacity allalysis for both tlte AM alld PM 9 ~ Agenda Item No, 17D November 9, 2010 Page 190 of 373 peak hours, and analysis of the turnla,nes at the Project entrance for the 10-11 am off-peak hour whell Project traffic volumes are highest. TRANSPORTATION Standard Checklist Item: Proposed mitigation is insufficient Reviewer Remarks to Checklist Item: 6/29/09 Review Comments: Further comments may be forthcoming with regard to mitigation. Response: The required roadway segment analysis presented in Exhibit 9 Revised iJtdicates that the Project will not have a significant impact on e.ither SR 29 or SR 82. Furthermore, the existu/g road segmel/t analysis presented ill Exhibit 2 Revised indicates that SR 82 is IlOt currently deficiellt. Therefore, pursuant to the Collier Coullty Growth Mal/agement PIa,lt, Transportation Element, Policy 5.1, no traffic mitigation is required. However, the Applicant is willing to discuss the provision of all operational improvement that is mutually acceptable to both parties, for example, the provision of a southbound to westbound right-turII lane at the SR 29/SR 82 intersection, If you should have any questions or concerns regarding the above, please do not hesitate to contact our offices, v*ouv~~ Vijay K, Komala sw:VK.K 08577: Podczerwinksy_101509 cc: George Varnadoe Robert Mulhere Paula McMichael Patrick Vanasse Matt Mouncy Ronald Talone 10 ~ - en o o N N N .. Qj .c E ! Co Qj rn rn z -g 0 III l- .:;: ""' 0 ~lnZ .coO >o,O() u'll:() c:w_ .!!! z u.u. u- iE~~ ::101- rnz_ 'Oct", c:rno NWO -WN N - ..J" !::<(~ lD~1- :E~!!! X~X W_W U> '0 '0 til '" '" If) 0 X 0 W ....J ~ ~ If) 0 :B i:: ....J If) r/l @ ~ ~ U> :r: '" "" E Cl. 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" .- <( .c ,r: .:JL ~ ro ~ '0 II "'-m o..~ co " ~ [ .. >- II> 0"- ;; C '" Q. 0 10 " _ " - rn u:: ~X~ ~X~ U> 2;"15. 2;11>15. rn "" "I/) 11>(1) rn " ~- 11>;:- '" >- II> .o-m .0-'" " m 0.. o C ~ 0 t: " 10 ~ ~.9 ~ >,'>' ~ iU' r; >. o _ o~g ~ ro~Q)-o::>.."O(O 1:l iL co ~ iI: m (.,) U III C ~ co .... "0 '" '" (/} .=: ..x: Vl .~ I " C Q)"'O :J "0 B c: <ll III rn'O "''''" m o =' Q) ..c"t:: IiJ =' $: "-- "-- a :::E1-$:f-u,1I)1/) o..-N o..~N APPENDIX S2-B HEAVY VEHICLE ADJUSTMENT PERCENT AGES Agenda Item No. 17D November 9,2010 Page 202 of 373 ~ Agenda Item No. 170 November 9, 2010 Page 203 of 373 APPENDIX S2.B HEAVY VEHICLE ADJUSTMENT PERCENTAGES SR 29 IllSR 82 AM 2014 Backaround %ofHV VOL truck Proiect Proiect Trucks Tola! Project VOL lotal trucks VOL total % of HV 2014 EB LT 34 10% 3 0 11 11 14 45 32% RT 948 10%, 95 1 10 11 105 959 11% 0 NB LT 234 20% 47 1 10 11 5C 245 23"/0 THRU 172 20% 34 0 0 34 172 20% 0 SB THRU 312 16% 50 0 0 50 312 16% RT 49 16% 8 0 11 11 19 6e 31% PM 201<; Backaround %ofHV VOL iruck Pro"eel I-'roiecl Trucks T alai Prolect VOL totai trucks VUllotal % oj Hv 2014 EB LT 38 12% S 0 2 2 7 40 16% RT 471 12% 57 0 3 3 60 474 13% 0 NB LT 763 14% 107 0 3 3 110 766 14%1 THRU 315 14% 44 0 0 0 44 315 14% 0 SB THRU 219 22% 48 0 0 0 48 219 22% RT 49 22% 11 0 2 2 13 51 25"/1> SR 82 @ Proiect Entrance AM 2014 Backofound %ofHV VOL truck Pro"ect Proiect Trucks T olal Prolect VOL totallrucks VOltatel % of HV 2014 EB LT 0 0% 0 2 40 42 40 42 95% THRU 982 10% 98 0 0 0 98 982 10% WB THRU 283 7% 20 0 0 0 20 283 7% RT 0 0% 0 1 21 22 21 22 95% SB LT 0 0% 0 1 21 22 21 22 95% RT 0 0" 0 2 40 42 40 42 95% ;0 PM 2014 Backoround %ofHV VOL truck Pro'eel Project Trucks Total Pro"eel VOL lotal trucks VOL total % of HV 2014 EB LT 0 0% 0 1 7 8 7 8 88% THRU 509 12% 61 0 0 0 61 509 12% WB THRU 812 G% 49 0 0 0 49 812 60/0 RT 0 0% 0 0 5 5 5 5 100% SB LT 0 0% 0 0 5 S 5 5 100% RT 0 0% 0 1 7 8 7 8 88% SR 82 6>Corkscrew Road AM 2014 Backaround %o1HV VOL truck Proiect Proiect Trucks Tolal Pro.eet VOL total trucks VOL total % of HV 2014 EB THRU 921 10% 92 2 37 39 129 960 13% RT 57 10% 6 0 0 0 6 57 10% . WB LT 58 7% 4 0 3 3 7 61 12% THRU 22S 7% 16 2 37 39 53 264 20% NB LT 9 19% 2 0 0 0 2 9 19% RT 61 19% 12 0 3 3 15 64 23% PM 2014 Backoround %ofHV VOL truck Proiecl Prolect Trucks Total Pro"ect VOllotal trucks VOL total % of HV 2014 EB THRU '02 6% 24 1 6 7 30 409 7% RT 6 6% 0 0 0 0 0 6 6% WB LT 72 6% 4 0 1 1 5 73 7% THRU 740 6% 44 1 6 7 50 747 7% NB LT 63 7% 4 0 0 0 4 63 7" " RT 107 7% 7 0 1 1 8 108 8% APPENDIX B (REVISED OCTOBER 15. 2009) Agenda Item No. 17D November 9,2010 Page 204 of 373 APRIL 9, 2009 MEETING SUMMARY AND SEPTEMBER 28. 2009 MEETING SUMMARY @f3 Agenda Item No 170 November 9,2010 Page 205 of 373 IMMOKALEE SAND MINE (CU-A.R-14078) MEETING SUMMARY Meeting with Nick Casalanguida, Planning Director Collier County Transportation Senrices Thursday, April 9, 2009 9:30am - 10:30am 1. Those in attendance: . Nick CasalanKtlida, Planning Director . George Varnadoe, Attorney . Bob Mulhere, R W A · Ron Talone, DPA 2. Mr, Talone informed Mr. Casalanguida that DPA would prepare an updated analysis and TIS in response to the County's comments regarding the TIS dated October 28, 2008, He then went through a number of the County staff's comments. 3, As requested by the County staff, DP A will include the Initial Meeting Checklist, which was approved and signed by both the County staff and DP A, in the Appendix of the updated report. 4, As requested by the County staff, DP A has acquired Time in Plant data sheets for a comparable Cemex sand mine. These provide daily and hourly truck activity at the comparable site. The data sheets indicate that the sand mine will produce an average of approximately 600-620 truck loads of material per day, Mr, Talone provided Mr, Casalanguida with a graph of the hourly truck activity (based on the average distribution over several days), which shows that truck activity at the mine will peak in late morning and drop off considerably after that, ,,~th only 1- 2% of the activity during the PM peak hour (copy attached), Mr, Talone said that, due to very low PM peak hour activity, DP A doesn't expect the mine to have a significant impact on the adjacent road system. Mr. Casalanguida said that he was OK with the use of these data sheets to support the trip generation estimates provided in the TIS, 5, Mr. Casalanguida provided Mr, Talone "ith a copy of a report titled Collier County Trip Characteristics Study, Mine Land Use. Final Report. which was prepared by Tindale-Oliver & Associates in support ofa proposed road impact fees for mines. 6, Table 9,1 in Collier COWlty'S TIS Guidelines states that background traffic for a Conditional Use application will be: "AUIR + Background Growth to 5-year Horizon". Mr. Talone said the he interprets this to mean the AUIR 2008 volume ~ Agenda Item No, 170 November 9,2010 Page 206 of 373 plus 5 years of growth out to 2013, Mr, Casalanguida agreed that this is the correct horizon year for the TIS, based on County TIS guideline~: 7. Mr. Talone said that, while DP A typically bases traffic growth rates on the historic traffic counts reported in County's annual Average Daily Traffic report, the traffic growth rates for this study will be based on the AUIR, as requested by the County staff. He said that the resultant traffic grO\\'th rates will exceedthe 2% per year minimum traffic growth rate preferred by the County staff, 8. As requested by the County staff, DP A will provide a map or aerial showing the location of approved access points on SR 82, as per the SR -82 PD&E Study. This map or aerial will supplement the list of the approved access points (with mile posts) from the SR 82 Corridor Access Management Plan (CAMP), which was provided previously in Appendix A of the original TIS, 9. Mr. Talone said that the Initial Meeting Checklist, which was approved and signed by both the County staff and DP A, does not reqUITe the use of passenger car equivalents for heavy trucks. So, for the re-analysis, DP A will use passenger car equivalents for heavy trucks only for turn lane storage calculations or other design elements at the Project entrances, but not for off-site level of service (LOS) analysis or significant impact determination. Mr. Casalanguida said that he didn't necessarily agree with this, because heavy trucks operate differently than passenger cars. Mr. Talone reiterated that DP A will account for this by using passenger car equivalents for turn lane storage calculations and other features at the Project access points. With regard to LOS analysis, Mr, Talone pointed out that Collier County doesn't use passenger car equivalents in the AUlR Transportation Database or for any other LOS analysis. Mr. Casalanguida said that the County adjusts for trucks in the AUlR. In response, Mr, Talone said that the adjustment in the AUIR is an axle factor (0.9524) used to account for multi- axle vehicles, not passenger car equivalents, In conclusion, Mr. Casalanguida asked that, for comparison, DPA also report the number of vehicles generated by the mine based on passenger car equivalents as a footnote, DP A agreed to provide this supplemental infonnation. J 0, Mr. Mulhere said that the existing right-of-way (ROW) width along the Project's SR 82 frontage is 200 feet and asked if it was necessary to provide compensating ROW for Project turn lanes, Mr. Casalanguida said that the County would not require compensating ROW for tum lanes, unless additional ROW is needed in accordance with the SR 82 PD&E Study, Mr. Mulhere said that his office would look into this. II. Mr, Casalanguida emphasized that the Applicant should coordinate with FDOT regarding accepting stonn water along the Project's SR 82 frontage to make sure that SR 82, once widened, can handle stonn water. Mr. Mulhere agreed to coordinate with the Florida DOT on this issue, ~ Agenda Item No. 17D November 9, 2010 Page 207 of 373 12, Mr, CasaJanguida stated that compensating right-of-way (if needed) and acceptance of stonn water along its frontage wDuld provide the necessary mitigation pursuant to Policy 5.1. 13, The County staff indicated that an eastbound acceleration lane would be needed at the main Project entrance, Mr. Mulhere asked if this was necessary. Mr, Casalanguida said that he would defer to the FloridaDOT on this issue, He said- that the County wouldn't require an acceleration lane unless the Florida DOT asks for one. Mr, Casalanguida said that the Applicant should provide the application and TIS to Lee County and Hendry County, as well as the Florida DOT. 14. In their comments, the County staff indicated that the construction ofa sidewalk along the Project's SR 82 frontage would be needed, Mr. Mulhere asked wby the County would require a sidewalk along a State road and questioned whether a sidewalk in this location would be utilized, Mr, Casalanguida said that he thought the State would want a sidewalk. After further discussion, it was agreed that the Applicant should estimate the cost of providing a sidewalk along the Project's SR 82 frontage, but then identify alternative locations, perhaps in !rnmokalee, where a sidewalk would be preferred by the community and better utilized, @E) Agenda Item No, 17D November 9, 2010 Page 208 of 373 9(30(2009 IMMOKALEE SAND MINE (CU - AR - 14078) MEETING SUMMARY Meeting with Nick Casalanguida, Planning Director, John Podczerwinsky, Project Manager Collier County Transportation Planning Department Monday, September 28, 2009 (l:00 PM to 2:30 PM) 1, Those in attendance: . Nick Casalanguida, Planning Director . John Podczerwinsky, Project Manager . BobMulhere,RWA . Ronald Talone, DP A . Vijay Kamala, DPA 2. The applicant and the staff discussed the County's requirement for compensating right- of-way for turn lanes at the Project entrance, There was general agreement that the foHowing stipulation would satisfy the County's requirement for compensating right-of- way. The Applicant will reserve 35 feet of right-of-way along the north side ofSR 82 for approximately U 90 feet along the Property's frontage, as per the preferred alignment in the SR 82 PD&E Study. The Applicant will work with the Florida DOT during the design phase for SR 82 to eliminate the need for this additional 35 feet of right-of-way by handling the Property's storm-water run-off on-site, andJor by allowing conveyance of off-site water, if necessary, via an easement. However, if the need for additional right-of- way cannot be eliminated, then the Applicant will dedicate up to 35 feet of right-of-way along the north side of SR 82 to the State. This right-of-way dedication will satisfy the County's requirement for compensating right-of-way, 3, Mr. Talone discussed and summarized the following information for the staff, . As requested by staff, the horizon year for road segment analysis and intersection analysis was changed to 2014, The staff agreed with 2014 as the horizon year. . The road segment analysis and intersection analysis have been updated to reflect the latest data from the draft 2009 AUIR. The staff agreed with this, . Intersection analysis for the AM (7 - 9 am) and PM (4 - 6 pm) peak hours the two time periods during which the traffic volumes are the highest, has been included, . As requested by staff, the Project entrance has been evaluated based on traffic conditions during the peak hour of the Project (l0 - 11 am), using passenger car equivalents, to make sure that the Project turn lanes are designed to handle the heaviest volunles entering and exiting the Project. 4, Mr. Talone stated that the "CEMEX Time in Plant" data was collected at a comparable mine on the east coast of Florida. The Time in Plant data indicate that the peak hour for mine traffic is between I 0 am and 11 am. Mr. Talone said that the analysis of turn lanes 1 Agenda Item No, 17D November 9,2010 Page 209 of 373 9/30/2009 and storage lengths have been updated based on this time period. Mr. Komala said that the use of the 10 am to 11 am Project traffic did not alter the turn lane recommendations and storage length estimations for the Project Entrance, 5, Mr, Talone showed an hourly distribution graph for traffic at Lee County Permanent Count Station 21 (PCS#21) located on SR 82. The hourly distribution graph indicates that PM peak hour traffic on SR 82 is approximately 8% of the daily traffic, the AM peak hour traffic is approximately 5.4% of the daily traffic, and the mid-morning (10 -11 am) traffic on SR 82 is approximately 4.6% of the daily traffic, Mr Talone said that, because Project traffic is only about 10% of the SR 82 traffic, the combined traffic (SR 82 background traffic + Project traffic) clearly peaks during the PM peak hour, Mr, Casalanguida asked which time, AM or mid-morning, was higher after the addition of Project traffic. Mr. Kamala pointed out that SR 82 traffic is considerably higher in the AM peak hour than the mid-morning, For this reason, it was agreed that the intersection analysis was needed only for the PM peak hour and the AM peak hour, Staff agreed and requested that the hourly variation graph be provided in the sufficiency response OP A agreed to provide the graph in an appendix. 6. Mr. Podczerwinsky questioned the applicant's estimate of the number of truck loads (61 l) of material per day that would be removed from the site, In response. Mr, Talone pointed out that the Traffic Study reported 5.2 million ''tons'' of material, not 5.2 million "cubic yards" as indicated in the staff comment. Mr. Komala reviewed the text referencing the 5,2 million tons from the latest Traffic Study. The staff said they would look into it. 7, Mr, Casalanguida asked if this application would be scheduled for the Planning Commission this year, Mr, Mulhere responded that the Project would be going to the Planning Commission this year. Tbe staff agreed with 2014 as the horizon year for the updated analysis, 8. DPA discussed the growth rates used in the Traffic Study, Mr, Kamala explained the derivation of linear growth rates using Microsoft Excel spreadsheets and the formulae contained in the spreadsheets, Mr. Komala used a graph to show the calculation of the linear growth rates. Mr. Talone said that it is generally better to use a linear growth rate than a compounded growth rate, because the linear growth trend Ulkes all historic data into account. Mr, Podczerwinsky agreed with OPA's methodology for estimating the growth rates, He requested that graphs be provided along with the updated analysis, 9. Mr. Podczerwisnky stated that comment 4 would be removed. 10, Mr. Talone explained that, while DP A agrees with the use of the passenger car equivalents (PCEs) for analyzing Project turn lanes, OPA does not agree with the use of passenger car equivalents (PCEs) for conducting road segment analysis and intersection analysis, He said that PCE conversion factors for heavy trucks were not used in the County's A UIR. Ivk P odczerwinsky said that the County uses a truck factor in the AUIR. Mr. TaIone said that this is an axle factor that reduces the number of vehicles, to 2 Agenda Item No, 170 November 9,2010 Page 210 of 373 9/30/2009 accoWlt for multi axle vehicles. Mr. Talone said that PCEs would only be utilized to estimate the turn lanes and storage lengths at the Project Entrance. Staff agreed. II. Mr. Talone said that, as requested by staff, the Traffic Study was provided to the Florida DOT, Lee COWlty and Hendry County, and copies of the transmittal letters were sent to Mr, Casalanguida and Mr. Greene, Staff asked DP A if they received any response or comments from anyone. DPA stated that no comments have been received from anyone, Mr, Casalanguida suggested that DP A correspond with the three agencies and copy the Collier County staff on the correspondence, Mr. Podczerwinsky said that he would contact the agencies to find out if they had any comments. 12, Mr, Podczerv.~nsky asked whet.~er t.~e mine would be operated from 6 am to 6 pm or 7 am to 5 pm. If the mine would be operated from 7 am to 5 pm, how would it affect the hourly distribution presented in the CEMEX Time in Plant data? DP A staff stated that they would look into the hours of operations, but didn't think that the hours would affect the truck loads per day. 13, Mr, Talone acknowledged that, although the Project does not have a significant impact on the road network during the PM peak hour, the Project does have a significant impact in the AM peak hour, Mr. Casalanguida said that Collier County can't request AM segment analysis since it is not part of their guidelines. However, he said that AM peak hour analysis should be provided for the intersections on significantly impacted links, 14. Mr, Talone said that, even though the turning movement volumes on Exhibit 10 suggest that there are reduced levels of service on SR 29, the SR 29 road segment analysis based on the County AUIR traffic volumes does not report a level of service problem on SR 29. Mi. Talone pointed out that the AUIR traffic volumes are based on traffic counts conducted four times a year. That is why the COWlty recommends the use of AUIR volumes for road segment analysis, rather than a one-day turning movement count. Staff agreed. 15. Mr, Casalanguida suggested that the truck percentages in the HCS intersection analysis should be adjusted to reflect the trucks from the Project. DP A agreed, 16, DP A agreed with staff that the NB left-turn at the SR 29/SR 82 intersection operates WIder a yield condition, Mr. Komala used copies of HCS input files for two-way stop controlled intersections to show that the HCS software takes the yield condition of the left-turn movement on the major street into account. Staff understood and accepted this. 17, As suggested by staff, DPA agreed that the truck percentage at the SR 29/SR 82 intersection should be adjusted to 20% rather than the default 2% used in the previous Traffic Study. 18. In sum, OPA confirmed with staff that the link analysis would be required for the PM peak hour only, the intersection analysis would be required for both AM and PM peak hours, and the analysis of turn lanes and storage lengths at the Project Entrance should be based on the peak hour of the Project and PCEs, Staff agreed, 3 APPENDIX D (REVISED OCTOBER 15, 2009) TURNING MOVEMENT COUNTS Agenda Item No. 170 November 9, 2010 Page 211 of 373 @EJ ~ ..... ..... l!') co o 'It .0 o -, 'It ~ u:: TRAFFIC COUNT ADJUSTMENT FACTORS Project name; Immokalee Sand Mine Job number: 08577 Count location: SR 29 @ SR 82 County: Collier City: Naples Date: 4/14/2009 Day otweek: Tuesday COLLIER COUNTY ADJUSTMENT FACTOR Traffic count report: 2007 Countywidell-75 Countywide Week of count MDT: 0,86 MDT to peak season 0.88 Factor = 1 X 0,86 + 0.88 = 0.98 Agenda Item No. 17D November 9,2010 Page 212 of 373 DAVID PLUMMER & ASSOCIATES SUMMARY OF VEHICLE MOVEMENTS Agenda Item No, 17D November 9, 2010 Page 213 of 373 LOCATION: SR 29@SR82 COUNTY : Collier CITY: Naples OBSERVER: AW.JO DATE: 4/14/2009 WEATHER: GOOD REMARKS: ROAD CONDITION GOOD TIME NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND GRAND BEGIN END L T R Total, L T R Total L T R Total L T R Total TOTAL 07:00 AM 07:15 AM 57 21 0 78 0 52 11 63 5 0 158 163 0 0 0 0 304 07:15 AM 07:30 AM 67 46 0 113 0 60 10 70 3 0 164 187 0 0 0 0 370 07:30AM 07:45 AM 54 44 0 98 0 63 9 72 12 0 180 192 0 0 0 0 362 07:45 AM 08:00 AM 41 40 I> 81 0 72 8 80 3 0 186 189 0 0 0 0 350 08:00AM 08:15AM 56 30 0 86 0 53 12 65 8 0 168 176 0 0 0 0 327 08:15 AM 08:30 AM 64 39 0 103 0 41 9 50 9 0 147 156 0 0 0 0 309 08:30 AM 08:45 AM 68 30 0 98 0 47 8 55 6 0 94 102 0 0 0 0 255 08:45 AM e9:00 AM 125 55 0 180 0 43 9 52 8 0 85 94 0 0 0 0 326 09:00 AM 09:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1>9:15 AM 09:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:30 AM 09:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:45 AM 10:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:00 AM 10:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:15AM 10:31> AM 0 0 0 0 0 0 0 0 01 0 0 0 0 0 0 0 0 10:30 AM 10:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:45 AM 11:00AM 0 0 0 0 0 0 0 0 0 0 0 0 I> 0 0 0 0 11:00AM 11:15AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:1SAM 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30AM 11:45AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45AM \ 2:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 01 :00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 :00 PM 01:15PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01:15PM 01 :30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 :30 PM 01:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 :45 PM 02:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:00 PM 02:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:15 PM 02:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:30 PM 02:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:45 PM 03:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:00 PM 03:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:15 PM 03:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:30 PM 03:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:45 PM 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 04:00 PM 04:15 PM 120 59 0 179 0 35 3 38 7 0 94 101 0 0 0 0 318 04:15 PM 04:30 PM 172 58 0 240 0 44 6 50 15 0 131 146 0 0 0 0 436 04:30 PM 04:45 PM 97 56 0 155 0 49 3 52 10 0 90 100 0 0 0 0 307 04:45 PM 05:00 PM 159 59 0 218 0 48 11 59 4 0 121 125 0 0 0 0 402 05:00 PM 05:15 PM 190 75 0 265 0 55 13 58 4 0 105 109 0 0 0 0 442 05:15 PM 05:30 PM 195 64 0 279 0 33 8 41 6 0 61 57 0 0 0 0 387 05:30 PM 05:45 PM 156 75 0 241 0 38 7 45 15 0 70 85 0 0 0 0 371 05:45 PM 06:00 PM 126 55 0 161 0 45 3 48 B 0 101 109 0 0 0 0 338 DAVID PLUMMER & ASSOCIATES HOURLY SUMMARY OF VEHICLE MOVEMENTS Agenda Item No, 17D November 9, 2010 Page 214 of 373 ,)CATtON: SR 29 @ SR 82 COUNTY : Collier CITY: Naples OBSERVER: AW.JO DATE: 4/14/2009 WEATHER: GOOD REMARKS: ROAD CONDITIO~ GOOD TIME NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND GRAND BEGIN END L T R Total L T R Total L T R Total L T R Total TOTAL 07:00 f>J.J. 08:00f>J.J. 219 151 0 370 0 247 38 285 23 0 70B 731 0 0 0 0 1386 08:00f>J.J. 09:00f>J.J. 313 154 0 467 0 184 38 222 33 0 495 .528 0 0 0 0 1217 09:00f>J.J. 10:00f>J.J. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:00 AM 11:00f>J.J. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:00f>J.J. 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 01:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 0 01 :00 PM 02:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:00 PM 03:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:00 PM 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 04 :00 PM 05:00 PM 548 244 0 792 0 176 23 199 36 0 436 472 0 0 0 0 1463 05:00 PM 06:00 PM 677 289 0 966 0 171 31 202 33 0 337 370 0 0 0 0 1538 DAVID PLUMMER & ASSOCIATES PEAK HOUR CALCULATIONS PEAK HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND GRAND BEGIN END L T R Total L T R Total L T R Total L T R Total TOTAL AM PEAK 07:15f>J.J.108:15f>J.J. 218 160 0 378 0 248 39 287 26 0 718 744 0 0 0 0 1409 PEAK HOUR FACTOR 0.84 0.90 0.97 #N/A 0.95 MIDDAY PEAK 12:00 PM !01:00PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PEAK HOUR FACTOR #N/A #N/A #NIA #N/A #N/A PM PEAK 04:45 PM 105:45 PM 710 293 0 1003 0 174 39 213 29 0 357 386 0 0 0 0 1602 PEAK HOUR FACTOR 0,90 0.78 0,77 #N/A 0.91 I FDOT/DPA RAW TURNING MOVEMENT DIAGRAM LOCATION: COUNTY : OBSERVER: SR 29 @ SR 82 Collier AW,JO CITY: DATE: Naples 4/14/2009 AM Peak Hour i _ 257 287 39 248 0 188 .J ~ L ~--1 L 0 744 0 0 0 --~ - 718 0 ~ r I i r ---+ 218 160 0 0 --- 966 378 ~ PM Peak Hour t 213 322 i - 749 39 174 0 N ITL 29 -.J L o 386 0 --+ o +- o 357 ~ r o lrr ~ 710 293 0 0---+ 531 1003 Agenda item No, 17D November 9,2010 Page 215 of 373 t N TRUCK % NB= 20 % SB = 16 % EB = 10 % WB: 0 % TRUCK % NB: SB: EB: WB= 14 % 22 % 12 % o % FDOT/DPA ADJUSTED TURNING MOVMEMENT DIAGRAM Agenda Item No. 17D November 9.2010 Page 216 of 373 OCATION: COUNTY : OBSERVER: SR 29 @ SR 82 Collier AW,JO ADJUSTMENT FACTOR: 0.98 REPORT; 2007 STATION: Countywide MONTHLY: 0.86 ANNUAL: 0.88 AM Peak Hour - Adjusted -251 26% 25 .-1 74% 727 0 --+ -- 702 ~ 72% PM Peak Hour - Adjusted <I-- 732 66% ~~ 34% 377 0 -- --+ 349 ~ 35% 61% 280 38 242 0 .-J-r-c J J6 ~ 944 369 ~ 28% 40% 208 38 170 0 .J ~ L iii 694 286 0 519 980 ~ 65% L - r i 181 39% o o o #1#1# o 0-- ##11## i 314 60% L 0 0 o #1#1# +- -- 0 r- - o ##11## __ t N 1 N ~ t- t- l() co o 'llo ~ u: 'llo .c o -, Agenda Item No, 170 November 9,2010 Page 217 of 373 TRAFFIC COUNT ADJUSTMENT FACTORS Project name; Immokalee Sand Mine Job number: 08577 Count location: SR 82 @ Corkscrew Road County: COLLIER City: Date: 7/16/2009 Day of week: Thursday COLLIER COUNTY ADJUSTMENT FACTOR FDOT count report: 2008 Countywide /1-75 Countywide Week of count MDT: 1.13 MDT to peak season 0,85 Factor = 1 x 1.13 + 0.85 = 1.33 Agenda Item No. 17D November 9, 2010 Page 218 of 373 DAVID PLUMMER & ASSOCIATES SUMMARY OF VEHICLE MOVEMENTS LOCATION: SR 82 @ Corkscrew Road COUNTY : COLLIER CITY: 0 OBSERVER: JW, TH DATE: 7/16/2009 WEATHER: GOOD REMARKS: ROAD CONDITION GOOD TIME NORTHBOUND SOUTHBOuND EASTBOUND WESTBOUND GRANO BEGIN END L ,-- R Total L T R Total L T R -Total L T R Total TOTAL 07:00 AM 07:15 AM 2 0 7 9 0 0 0 0 0 115 10 125 10 15 0 25 159 07:15 AM 07:30 AM 1 0 9 10 0 0 0 0 0 97 13 110 10 20 0 30 150 07:30 AM 07:45 AM 2 0 14 16 0 0 0 0 0 93 5 98 18 31 0 49 163 07:45 AM 08:00 AM 1 0 11 12 0 0 0 0 0 123 11 134 2 36 0 38 184 08:00 AM 08:15 AM 1 0 14 15 0 0 0 0 0 72 6 78 10 37 0 47 140 08:15 AM 08:30 AM 3 0 12 15 0 0 0 0 0 69 5 74 10 36 0 46 135 08:30 AM 08:45 AM 0 0 14 14 0 0 0 0 0 63 4 67 12 41 0 53 134 08:45 AM 09:00 AM 4 0 9 13 0 0 0 0 0 68 6 74 6 34 0 42 129 09:00 AM 09:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:15 AM 09:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:30 AM 09:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 09:45 AM 10:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:00 AM 10:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:15AM 10:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:30 AM 10:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:45 AM 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:00 AM 11:15AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15AM 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30AM 11:45AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45AM 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 12:15PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15PM 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 01 :00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 :Ob PM 01:15PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01:15PM 01 :30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01:30 PM 01:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 :45 PM 02:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02,00 PM 02:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:15 PM 02:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:30 PM 02:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:45 PM 03:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:00 PM 03:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03,15 PM 03:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:30 PM 03,45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:45 PM 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 04:00 PM 04:15 PM 7 0 21 28 0 0 0 0 0 67 1 68 9 81 0 90 186 04,15 PM 04:30 PM 11 0 23 34 0 0 0 0 0 86 0 86 12 97 0 109 229 04:30 PM 04,45 PM 8 0 26 34 0 0 0 0 0 63 3 66 7 99 0 106 206 .04:45 PM 05:00 PM 10 0 15 25 0 0 0 0 0 59 0 59 17 111 0 128 212 05:00 PM 05:15 PM 9 0 18 27 0 0 0 0 0 63 4 67 6 113 0 119 213 05:15 PM 05:30 PM 9 0 19 28 0 0 0 0 0 68 0 68 17 133 0 150 246 05:30 PM 05:45 PM 15 0 21 36 0 0 0 0 0 55 0 55 9 111 0 120 211 05:45 PM 06:00 PM 9 0 15 24 0 0 0 0 0 63 2 65 14 98 0 112 201 Agenda Item No, 170 November 9, 2010 Page 219 of 373 DAVID PLUMMER & ASSOCIATES HOURLY SUMMARY OF VEHICLE MOVEMENTS LOCATION: SR 82 @ Corkscrew Road COUNTY : COLLIER CITY: OBSERVER: JW, TH DATE: 7/16/2009 WEATHER: GOOD REMARKS: ROAD CONDITIO~GOOD TIME NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND GRANO BEGIN END L T R Total L T R Total L T R Total L T R Tolal TOTAL 07:00 AM 08:00 AM 6 0 41 47 0 0 0 0 0 428 39 467 40 102 0 142 656 08:00 AM 09:00 AM 8 0 49 57 0 0 0 0 0 272 21 293 40 148 0 188 538 09:00 AM 10:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10:00 AM '1:00AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:00 AM 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 01 :00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 01,00 PM 02:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02 :00 PM 03:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:00 PM 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 04 :00 PM 05:00 PM 36 0 85 121 0 0 0 0 0 275 4 279 45 388 0 433 833 05:00 PM 06:00 PM 42 0 73 115 0 0 0 0 0 249 6 255 46 455 0 501 871 DAVID PLUMMER & ASSOCIATES PEAK HOUR CALCULATIONS PEAK HOUR NORTHBOUND SOUTHBOUND EASTBOUND WESTBOUND GRAND BEGIN END L T R Total L T R Total L T R Total L T R Total TOTAL AM PEAK 07:00 AM I 08:00 AM 6 0 41 47 0 0 0 0 0 428 39 467 40 102 0 142 656 PEAK HOUR FACTOR 0,73 #N/A 0,87 0.72 0,89 MIDDAY PEAK 12:00 PM I 01 :00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 PEAK HOUR FACTOR #N/A #N/A #N/A #N/A #N/A PM PEAK 04A5 PM I 05:45 PM 43 0 73 116 0 0 0 0 0 245 4 249 49 468 0 517 882 PEAK HOUR FACTOR 0.81 #N/A 0,92 0.86 0.90 I Agenda Item No, 17D November 9,2010 Page 220 of 373 FDOT/DPA RAW TURNING MOVEMENT DIAGRAM lOCATION: SR 82 @ Corkscrew Road COUNTY : COLLIER CITY: 0 OBSERVER: JW,TH DATE: 7/16/2009 AM Peak Hour t 0 0 t -- 108 0 0 0 N -- ..J ~ L. ~--.J L 0 467 428 102 142 -- +- 39 40 ~ r I 1 r - 6 0 41 469 TRUCK % --- 79 47 NB= 19 % ~ 5B = 0% EB = 10 % WB= 7% PM Peak Hour t 0 0 t +-- 511 0 0 0 N JTL. 0 ~ L 0 249 245 - ..- 468 517 -- -- 4 t .- 49 l 1 r ~ 43 0 73 318 - TRUCK % --- 53 116 NB = 7% 5B = 0% EB = 6% WB= 6% FDOTIDPA ADJUSTED TURNING MOVMEMENT DIAGRAM Agenda Item No, 17D November 9, 2010 Page 221 of 373 LOCATION: COUNTY : OBSERVER: SR 82 @ Corkscrew Road COLLIER JW, TH ADJUSTMENT FACTOR: 1.33 REPORT: 2008 STATION: Countywide MONTHLY: 1.13 ANNUAL: 0.85 AM Peak Hour - Adjusted -144 19% 0 -1 81% 621 569 - -- 52 ~ PM Peak Hour - Adjusted -- 679 67% 63% #### 1 0 0 t 0 0 0 ##### N -- .-J ~ 4 L 0 - 136 189 23% -- r- 53 I io r 624 -- 8 55 -- 77% 105 63 ~ 38% . ._..__._m_.__ ____'_M_'_.~__.~_ _ ......____..._.,._ ..' _______.~_._.___..._. "_,____,,_ '__'__"'_'''~___'_'_'_'___~~.__..__._..___.__ _._... ~-.J 33% 331 326 --- 5 ~ 31% o #### o o i o o ##### .J !L L 0 622 687 62% <0-- -- 65 r iir 57 o 97 423 38% __ 70 154 ~ 69% i N APPENDIX E (REVISED OCTOBER 15, 2009) INTERSECTION CAPACITY ANALYSIS WORKSHEETS EXISTING CONDITIONS Agenda Item No, 17D November 9,2010 Page 222 of 373 @E] Agenda Item No, 170 November 9, 2010 Page 223 of 373 HCS+: Unsignalized Intersections Release 5,2 TWO-WAY STOP CONTROL SUMMARY Analyst: AX Agency/co.: DPA Date Performed: 10/02/2009 Analysis Time Period: AM PEAK HOUR Intersection: SR 29/SR 82 Jurisdiction: COLLIER Units: U. S. Customary Analysis Year: 2009 Project 10: #08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: SR 29 Intersection Orientation: NS Study period (hrs): 0,25 Vehicle Approach Movement 1 L Major Street: Volume Peak-Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? Volurn9.s and Northbound 2 T Adjustments 3 R Southbound 4' 5 6 L T R 242 38 0,95 0.95 254 40 / 1 0 TR No Eastbound 10 11 12 L T R ------- 25 702 0,95 0.95 26 738 10 10 0 / / 1 1 L R 213 0,95 224 20 Undivided 156 0,95 164 1 1 L T No Minor Street: Approach Movement Westbound 7 8 9 L T R Volume Peak Hour factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) 0 Flared Approach: Exists?/Storage Lanes Configuration __________________Delay, Approach NB Movement 1 Lane Config L v (vph) C (m) ivph) v/c 95% queue length Control Delay LOS Approach Delay Approach LOS 224 1171 O. 19 0.71 8,8 A Queue 58 4 Length, and Level of Westbound 7 8 9 Service --------- Eastbound 10 11 12 L R 26 247 0,11 0.35 21,3 C 738 746 0,99 16.14 53,8 F 52.7 F Agenda Item No. 170 November 9, 2010 Page 224 of 373 HCS+: Unsignalized Intersections Release 5.2 ___________TWO-WAy STOP CONTROL SUMMARY Analyst: AX Agency/Co. : DPA Date Performed: 10/02/2009 Analysis Time Period: PM PEAK HOUR Intersection: SR 29/SR 82 Jurisdiction: COLLIER Units: U. S. Customary Analysis Year: Project ID: #08577 IMMOKALEE SAND MINE CONDIT'IONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: SR 29 Intersection Orientation: NS Study period Ihrs): 0.25 Vehicle ----- Major Street: Approach Movement 1 L Volume Peak-Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? Volumes and Adjustments Northbound 2 3 T R 694 0.91 762 14 Undivided Southbound 4 5 6 L T R 170 38 0.91 0.91 186 41 / 1 0 TR No Eastbound 10 11 12 L T R 28 349 0,91 0,91 30 383 12 12 0 / / 1 1 L R 286 0.91 314 1 1 L T No Minor Street: Approach Movement Westbound 7 8 9 L T R Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%1 0 Flared Approach: Exists?/Storage Lanes Configuration Approach Movement Lane Config v (vph) C 1m) (vph) v/c 95% queue length .... Control Delay LOS Approach Delay Approach LOS De 1 a y , NB 1 L 762 1274 0.60 4.. 19 11.9 B Queue SB 4 Length, and Level of Westbound 7 8 9 Service ----------- Eastbound 10 11 12 L R 30 23 1. 30 3.82 540.7 F 383 810 0.47 2.57 13.4 B 51. 7 F HCSt: Unsignalized Intersections Release 5,2 Agenda Item No, 17D November 9,2010 Page 225 of 373 TWO-WAY STOP CONTROL SUMMARY Analyst: AX Agency/Co,: DPA Date Performed: 10/02/2009 Analysis Time Period: AM PEAK HOUR Intersection: SR 82/Corkscrew Road Jurisdiction: COLLIER Units: U. S. Customary Analysis Year: 2009 Project ID: #08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: Corkscrew Road Intersection Orientation: EW Study period (hrs): 0.25 Vehicle ---------------------- Major Street: Approach Movement 1 L Volumes and Eastbound 2 T AdJustments 3 R 4 L Westbound 5 6 TR Volu;e-----------------------------672----52-------5~----198----------------- Peak-Hour Factor, PHF 0.88 0.88 0.88 0,88 Hourly Flow Rate, HFR 763 59 60 225 Percent Heavy Vehicles 7 Median Type/Storage Undivided / RT Channelized? Lanes 1 0 0 1 Configuration TR LT Upstream Signal? No No Minor-Street~--Appro~ch--------Northbo;r.d-------------So;thbound ------------- Movement 7 8 9 10 11 12 L T R L T R ----------------------_._---------_._--~--------------------------------- Volume 8 Peak Hour Factor, PHF 0.88 Hourly Flow Rate, HFR 9 Percent Heavy Vehicles 19 Percent Grade (%) 0 Flared Approach: Exists?/Storage Lanes 0 Configuration LR 55 0,88 62 19 o No / / o ------------------------------------------------------------------------------- __________________Delay, Approach EB Movement 1 Lane Confi9 Queue \'18 4 LT Length, and Level of Northbound 7 8 9 Service Southbound 10 11 12 LR ---------------------------------------------------------------------------- v (vph) C (m) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach LOS 60 786 0.08 0,25 10.0- A 7J 327 0,22 0.81 19.0 C 19.0 C ------------------------------------------------------------------------------- HCS+: Unsignalized Intersections Release 5.2 Agenda Item No, 17D November 9,2010 Page 226 of 373 TWO-WAY STOP CONTROL SUMMARY nalyst: AX Agency/Co.: DPA Date Performed: 10/02/2009 Analysis Time Period: PM PEAK HOUR Intersection: SR 82/Corkscrew Road Jurisdiction: COLLIER Units: U. S_ Customary Analysis Year: Project ID: #08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: Corkscrew Road Intersection Orientation: EW Study period (hrs): 0.25 Vehicle ------------------ Major Street: Approach Movement 1 L Volumes and Eastbound 2 T Adjustments 3 R 4 L Westbound 5 6 T R Vol;me-----------------------------280----5-------~s_----667----------------- Peak-Hour Factor, PHF 0.98 0.98 0.98 0,98 Hourly Flow Rate, HFR 285 5 66 680 Percent Heavy Vehicles 6 Median Type/Storage Undivlded / RT Channelized? Lanes 1 0 0 1 ....Configuration TR LT pst ream Si gna 1 ? No No ----------------------------------------.--------------------------------- Minor Street: Approach Movement Northbound 7 8 9 L T R Southbound 10 11 12 L T R Volume 57 Peak Hour Factor, PHF 0.98 Hourly Flow Rate, HFR 58 Percent Heavy Vehicles 7 Percent Grade (%) 0 Flared Approach: Exists?/Storage Lanes 0 Configuration LR 97 0.98 98 7 o No / / o --------------------------------------------------------------------------- Approach Movement Lane Config De 1 a Y I EB 1 Queue WB 4 LT Length, and Level of Northbound 7 8 9 LR Service ------------------- Southbound 10 11 12 ----------------------------------------------------------------------------- v (vph) C (rn) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach LOS 66 1249 0.05 0.17 8.0 A 156 391 0.40 1. 87 20.2 C 20,2 C APPENDIX J (REVISED OCTOBER 15. 2009) SEGMENT AND INTERSECTION GROWTH RATES BASED ON HISTORIC COLLIER COUNTY AUIR DATA Agenda Item No. 17D November 9,2010 Page 227 of 373 @B l I; ~ I; !l. !l. 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C> '" 00 '" '" ~ '" '" '" '" C> o '" ~ ~ awnlO^ J!jfeJlleUOlpaJIO lJln\t C> C> M I I , I I ' . -._-- -- -- ~ o g i ~- --!- - '" S N ...._._.1 0 o '" ~ ------ --~_. "-~--"-'-'_.- -..-.------ --------..--. '" ~ '" N ~ M '" N ;1 '" N '" M C> N cr: <l: LU >- :g C> N '" C> g g '" N __.._J APPENDIX K (REVISED OCTOBER 15, 20(9) INTERSECTION CAPACITY ANALYSIS WORKSHEETS BACKGROUND 2014 CONDITIONS Agenda Item No, 17D November 9, 2010 Page 232 of 373 ~ HCSt: Unsignalized Intersections Release 5,2 Agenda Item No. 17D November 9,2010 Page 233 of 373 TWO-WAY STOP CONTROL SUMMARY ------ Analyst: AX Agency/Co.: DPA Da te Pe rfoJIn.e_d_:,~ . 10/02/2009 "----An~.iy;is Time Period: AM PEAK HOUR Intersection: SR 29/SR 82 Jurisdiction: COLLIER Units: U. S, Customary Analysis Year: BACKGROUND 2014 w/o Imp Project ID: #08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: SR 29 Intersection Orientation: NS Study period (hrs): 0.25 Vehicle Maj;;r Street;'- Appro-ac:-h Movement 1 L Volumes and Adjustments Northbound 2 T 3 R Southbound 4 5 .6 L T R --- 312 49 0,95 0.95 328 51 / 1 0 TR No Eastbound 10 11 12 L T R 34 948 0.95 0,95 35 997 10 10 0 / / 1 1 L R Volume Peak-Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? 234 0.95 246 20 Undivided 172 0.95 181 1 1 L T No Minor Street: Approach Movement Westbound 7 8 9 L T R Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) 0 flared Approach: Exists?/Storage Lanes Configuration ------~-- Approach Movement Lane Con fig De lay, NB 1 L QUEue SB 4 Length, and Level of Westbound 7 8 9 Service ----------------- Eastbound 10 11 12 L R v (vph) Clm) (vph) v/c 95% queue length Control Delay LOS Approa ch De 1 a y Approach LOS 246 1087 0.23 0,87 9.3 A 35 194 0.18 0,64 27.6 D 997 672 1. 48 48,36 243.3 F 236,0 F ~-----~-----~--------------------------------_._--- Agenda Item No. 17D November 9,2010 Page 234 of 373 HCS+: Signalized Intersections Release 5,2 ,- "nalyst: AX ,gency: DPA Date: 10/02/2009 Period: AM PEAK HOUR Project ID: 108577 IMMOKALEE E/W St: SR 82 Inter,: SR 82/SR 29 Area Type: All other areas Jurisd: COLLIER Year : BACKGROUND 2014 w/imp SAND MINE GONDITIONhL USE TRAFFIC STUDY NIS st: SR 29 SIGNhLIZED INTERSECTION SUMMARY I Eastbound I Westbound I Northbound Southbound I" I L T R I L T R I L T R L T R I 1 I 1 -------- 1 1 1 0 1 I 0 0 0 I 1 1 0 o 1 0 I I L R I I L T TR I 134 948 I 1234 172 312 49 1 112,0 12.0 I 112.0 12,0 12,0 1 I 60 1 I 0 1 No. Lanes LGConfig Volume Lane Width RTOR Vol Duration 0,25 Phase Combination EB Left Thru Right Peds WB Left Thru Right Peds NB Right SB Right Green Yellow All Red Appr/ Lane Grp Lane Group Capacity Eastbound L 438 R 913 Westbound Area Type: All other areas Signal Operations 1 2 3 4 1 5 6 7 8 A 1 NB Left A A 1 Thru A A A I Right 1 Peds I SB Left I Thru A 1 Right A I Peds I EB Right A I WB Right 24 , 0 27,0 24.0 3.0 3,0 3,0 2,0 2,0 2.0 Cycle Length: 90,0 sees Intersection Performance Summary Adj Sat Ratios Lane Group Approach Flow Rate vie giG --- (s I Delay LOS Delay LOS 1641 0.08 0,27 24,8 C 52.0 D 1468 1. 02 0,62 53,0 D Northbound L 538 1504 0,46 0.62 11. 4 B T 985 1583 0,18 0.62 7.3 A 9,7 A Southbound TR 429 1608 0,89 0.27 51. 1 D 51. 1 D Intersection De 1a y = 41. 6 (sec/veh) Intersection LOS D Agenda Item No, 17D November 9.2010 Page 235 of 373 HCS+: Unsignalized Intersections Release 5.2 TWO-WAY STOP CONTROL SUMMARY Analyst: AX Agency/Co, : DPA '~-Date-Performed:' . . 10/02/2009 Analysis Time Period: PM PEAK HOUR Intersection: SR 29/SR 82 Jurisdiction: COLLIER Units: U, S, Customary Analysis Year: BACKGROUND 2014 w/o Imp Project 10: #08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: SR 29 Intersection Orientation: NS Study period (hrs): 0.25 Major Street: Vehicle Volumes and Northbound 2 T Adju5tments___ Southbound 3 4 5 R L T Approach Movement 1 L Volume Peak-Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? 6 R 763 0.91 838 14 Undivided 315 0.91 346 219 0.91 240 49 0,91 53 / 1 1 L T No 1 0 TR No Minor Street: Approach Movement Westbound 7 8 9 L T R Eastbound 10 11 12 L T R voI;:;m;----------------------3s-------47i------ Peak Hour Factor, PHF 0,91 0,91 Hourly Flow Rate, HFR 41 517 Percent Heavy Vehicles 12 12 Percent Grade (%) 0 0 Flared Approach: Exists?/Storage / / Lanes 1 1 Configura tion L R Approach Movement Lane Config v (vph) C (m) (vph) vie 95% queue length Control Delay LOS P.pproach Delay Approach LOS De 1 a y, NB 1 L 838 1203 0.70 6.08 14.5 B Queue SB 4 Length, and Level of Westbound 7 8 9 Service ---------- Eastbound 10 11 12 L R 41 12 3.42 6.13 1719 F 517 749 0,69 5,60 19.8 C 14 4.6 F -------~----------~-------------------------- Agenda Item No. 17D November 9, 2010 Page 236 of 373 HCS+: Signalized Intersections Release 5,2 Analyst: AX "gency: DPA Date: 10/02/2009 Period: PM PEAK HOUR Project 1D: #08577 IMMOKALEE E/W St: SR 82 Inter,: SR 82/SR 29 Area Type: All other areas Jurisd: COLLIER Year : BACKGROUND 2014 w/imp SAND MINE CONDITIONAL USE TRAFFIC STUDY N/S St: SR 29 No. Lanes LGConfig Volume Lane Width RTOR Vol I I 1 I I L 138 112.0 I SIGNALIZED INTERSECTION SUMMARY 1 Westbound I Northbound IL T R IL T R __1_______1 11000111 R IlL T 471 1 1763 315 12.0 I 112.0 12.0 60 1 I Eastbound L T R 1 o Southbound L T R o 010 TR 219 49 12,0 o Area Type: All other areas Signal Operations 3 4 I 1 NB I I I I SB t I I I EB I WB 42,0 21.0 3.0 3,0 2,0 2.0 Cycle Length: Intersection Performance Summary Adj Sat Ratios Lane Group Flow Rate (5 ) Duration 0.25 Phase Combination 1 EB Left A Thru Right Peds WB Left Thru Right Peds N3 Right S3 Right Green Yellow All Red 2 A 12.0 3.0 2.0 Appr/ Lane Grp Lane Group Capacity ;/c-g/C Eastbound L 215 0.20 0.13 1612 R 945 Westbound 1442 0.66 0,48 Left Thru Right Peds Left Thru Right Peds Right Right 5 A A 8 6 A A 7 A A A 90.0 sees Approach Delay LOS Delay LOS 35.2 D 10,5 B 8,2 A Northbound L 835 1583 1. 00 0,76 50,6 D T 1260 1667 0.27 0.76 3,5 A 36,8 D Southbound TR 354 1519 0,83 0.23 48.4 D 48.4 D Intersection Delay ~ 32,0 (sec/veh) Intersection LOS C HCS+: Unsignalized Intersections Release 5.2 Agenda Item No, 17D November 9,2010 Page 237 of 373 TWO-WAY STOP CONTROL SUMMARY Analyst: AX Agency/Co. : DPA Date Performed: 10/02/2009 . Aiialys'is Time"Period:- AM" PEAK HOUR Intersection: SR 82/Corkscrew Road Jurisdiction: COLLIER Units: U, S. Customary Analysis Year: BACKGROUND 2014 wlo Imp Project ID: j08577 IMMOKALEE SAND I~INE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: Corkscrew Road Intersection Orientation: EW Study period (hrs): 0.25 Vehicle --------------------- Major Street: Approach Movement 1 L Volumes and Eastbound 2 T AdJustments 3 R 4 L Westbound 5 6 T R volume-----------------------------92J----S7-------S8-----225----------------- Peak-Hour Factor, PHF 0.88 0.88 0,88 0,88 Hourly Flow Rate, HFR 1046 64 65 255 Percent Heavy Vehicles 7 Median Type/Storage Undivided / RT Channelized? Lanes 1 0 0 1 Configuration TR LT Upstream Signal? No No --------------------------------------.-----------------~----------------------- Minor Street: Approach ~1ovement Northbound 7 8 9 L T R Southbound 10 11 12 L T R ------------------------------------------------------------------------------ Volume 9 Peak Hour Factor, PHF 0.88 Hourly Flow Rate, HFR 10 Percent Heavy Vehicles 19 Percent Grade (%) 0 Flared Approach: Exists?/Storage Lanes 0 Configuration LR 61 0,88 69 19 o No / / o ----------------------------------------------------------------------------- Approach Movement Lane Config Delay, EB 1 Queue vIE 4 LT Length, and Level of Northbound 7 8 9 LR Service -------------------- Southbound 10 11 12 -------------------------------------------------------------~----------------~ v (vph) C (m) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach LOS 65 61 ] 0.11 0.36 11. 6 B 79 215 0, 37 1. 59 31. 2 D 31.2 D ------------------------------------------------------------------------------ HCS+: Unsignalized Intersections Release 5,2 Agenda Item No. 17D November 9,2010 Page 238 of 373 TWO-WAY STOP CONTROL SUMMARY ----------------------- --------------------------- .,nalyst: AX Agency/Co.: DPA Date Performed: 10/02/2009 Analysis Time Period: PM PEAK HOUR Intersection: SR 82/Corkscrew Road Jurisdiction: COLLIER Units: U, S. Customary Analysis Year: BACKGROUND 2014 w/o Imp Project ID: #08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFEIC STUDY East/West Street: SR 82 North/South Street: Corkscrew Road Intersection Orientation: EW Study period (hrs): 0.25 Vehi cl e ~------------------- Major Street: Approach Movement 1 L Volumes and Eastbound 2 T AdJustments 3 R 4 L Westbound 5 6 T R Volurne-----------------------------402----6--------72-----740----------------- Peak-Hour Factor, PHF 0.98 0.98 0.98 0,98 Hourly Flow Rate, HFR 410 6 73 755 Percent Heavy Vehicles 6 Median Type/Storage Undivided / RT Channelized? Lanes 1 0 0 1 Configuration TR LT Jpstream Signal? No No Minor-Street:- Approac~------~orthbound-------------Southbound-------------- Moveme n t 7 8 9 10 11 12 L T R L T R ------------------------------------------------------------------------------ Volume 63 Peak Hour Factor, PHF 0.98 Hourly Flow Rate, HFR 64 Percent Heavy Vehicles 7 Percent Grade (%) 0 Flared Approach: Exists?/Storage Lanes 0 Configuration LR 107 0.98 109 o No / / o ------------------------------------------------------------------------------ __________________Delay, Approach EB Movement 1 Lane Con fig Queue WB 4 LT Length, and Level of Northbound 7 8 9 LR Service ------------------- Southbound 10 11 12 ;-(Vphl--------------------73------------173---------------------------------- C (m) (vph) 1122 301 v/c 0.07 0.57 95% queue length 0,21 3.35 Control Delay 8.4 32.0 LOS A D Approach Delay 32.0 Approach LOS D ------------------------------------------------------------------------------ APPENDIX M (REVISED OCTOBER 15, 2009) INTERSECTION CAPACITY ANALYSIS WORKSHEETS FUTURE 2014 CONDITIONS WITH PROJECT Agenda Item No. 170 November 9,2010 Page 239 of 373 @B Agenda Item No. 17D November 9,2010 Page 240 of 373 HCS+: Unsignalized Intersections Release 5,2 _______________________TWO-WAY STOP CONTROL SUMMARY Analyst: AX Agency ICo. : DPA Date Performed: .10/02/2009 Analysis Time period: AM PEAK HOUR Intersection: SR 29/SR 82 Jurisdiction: COLLIER Units: U, S. Customary Analysis Year: FUTURE 2014 wlProj wlo imp Project ID: fi08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: SR 29 Intersection Orientation: NS Study period (hrs): 0,25 Vehicle Approach Movement 1 L Major Street: Volumes and Northbound 2 T AdJustments Southbou;:;-;r---------- 5 6 T R 3 R 4 L Volume Peak-Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? ----------- 60 0.95 63 245 0,95 257 23 Undivided 312 0.95 328 172 0,95 181 I 1 1 L T No 1 0 TR No Eastbound 10 11 12 L T R Minor Street: Approach Movement Westbound 7 8 9 L T R Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) 0 Flared Approach: Exists?/Storage Lanes Configuration 45 959 0,95 0.95 47 1009 32 11 0 / / 1 1 L R Approach Movement Lane Config v (vph) C (m) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach LOS De la y / NB 1 L 257 1062 0,24 0,95 9.5 A Queue SB 4 Length, and Level of Westbound 7 8 9 Service Eastbound 10 11 L 12 R 1009 665 1. 52 50.49 258,1 F 47 167 0,28 1. 10 34.8 D 248.2 F ------------------------------------------------- Agenda Item No. 170 November 9,2010 Page 241 of 373 RCSt: Signalized Intersections Release 5,2 Analyst: AX Agency: DPA Date: 10/02/2009 Period: AM PEAK HOUR Project ID: #08577 IMMOKALEE E/W St: SR 82 Inter,: SR 82/SR 29 Area Type: All other areas Jurisd: COLLIER Year : FUTUR~ 2014 w/Proj w/imp SAND MIN~ CONDITIONAL US~ TRAFFIC STUDY N/S St: SR 29 I I I I I L 145 112,0 I 1 o SIGNALIZ~D INTERSECTION SUMMARY I Westbound I Northbound IL T R IL T R /_______1________ 1 I 000 I 110 R I I L T 959 1 1245 172 12,0 1 112,0 12.0 60 I I Southbound L T R Eastbound L T R No. Lanes LGConfig Volume Lane Width RTOR Vol o 1 0 TR 312 60 12,0 o Duration 0,25 Area 2 Type: All other areas Signal Operations 3 4 1 -S---~-7--8---- I NB Left A A I Thru A A I Right 1 Peds I SB Left I Thru I Right I Peds I EB Right A I WB Right A A Phase Combination 1 EB Left A Thru Right Peds WB Left Thru Right Peds NB Right SB Right Green Ye 11 ow All Red A 30.0 3.0 2,0 27.0 28.0 3.0 3.0 2.0 2,0 Cycle Length: Intersection Performance Summary_____ Adj Sat Ratios Lane Group Approach Flow Rate I s I 100.0 sees Appr/ Lane Grp Lane Group Capacity v/c g!C Delay LOS Delay LOS Eastbound L 410 ..----------------------------- 1367 0,11 0.30 25, :, C 60.8 E R 902 Westbound 1455 1. 05 0, 62 62, 6 E Northbound L 490 1467 0,53 0.60 14.1 B T 950 ]583 0.19 0,60 9, ] A ]2.] B Southbound TR 440 ]570 0,89 0,28 53.9 D 53,9 D Intersection De]ay ~ 47,6 (sec/veh) Intersection LOS = D -------------------------------------------------------.-.-- Agenda Item No. 17D November 9,2010 Page 242 of 373 HCS+: Unsignalized Intersections Release 5.2 _____________TWO-WAY STOP CONTROL SUMMARY Analyst: AX Agency/Co,: DPA Date Performed: 10/02/2009 Analysis Time period: PM PEAK HOUR Intersection: SR 29/SR 82 Jurisdiction: COLLIER Units: U. S, Customary Analysis Year: FUTURE 2014 w/Proj w/o Imp Project ID: #08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: SR 29 Intersection Orientation: NS Study period (hrs): 0,25 Major Street: Vehicle Approach Movement 1 L VOlumes and Adjustments Northbound 2 3 T R 766 0,91 841 14 Undivided 315 0.91 346 Southbound 4 5 6 L T R 219 51 0.91 0.91 240 56 / 1 0 TR No ----- Eastbound 10 11 12 L T R 40 474 0.91 0.91 43 520 16 13 0 / / 1 1 L R Volume Peak-Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? 1 1 L T No Minor Street: Approach Movement Westbound 7 8 9 L T R Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Pe rcent Grade (%) 0 Flared Approach: Exists?/Storage Lanes Configuration Delay, NB 1 L Queue SB 4 Length, and Level of Westbound 7 8 9 Service ----------- Eastbound 10 11 12 L R Approach Movement Lane Config --------- v Ivph) 841 C (m) (vph) 1200 v/c 0,70 95% queue length 6,18 Control Delay 14.7 LOS B Approach Delay Approach LOS 43 12 3.58 6,40 1793 F 520 745 0,70 5.76 20.2 C 155, 6 F Agenda Item No. 17D November 9,2010 Page 243 of 373 HCS+: Signalized Intersections Release 5.2 Analyst: AX Agency: DPA Date: 10/02/2009 Period: PM PEAK HOUR Project ID: #08577 IMMOKALEE E/W St: SR 82 Inter.: SR 82/SR 29 Area Type: All other areas Jurisd: COLLIER Year : FUTURE 2014 w/Proj w/imp SAND MINE CONDITIONAL USE TRAFFIC STUDY N/S St: SR 29 SIGNALIZED INTERSECTION SUMMARY 1 Eastbound I Westbound 1 Northbound Southbound I I L T R 1 L T R 1 L T R L T R I I 1 --- I 1 No. Lanes I 1 0 1 1 0 0 0 1 1 1 0 0 1 0 1 LGConfig ! L R I 1 L T TR 1 Volume 140 474 1 1766 315 219 51 1 Lane Width 112,0 12,0 I 112,0 12,0 12, 0 1 RTOR Vol i 60 1 I 0 1 Duration 0,25 Area Type: All other areas Signal Operations Phase Combination~---2-----3 4 I ----S----~--~----a------- EB 1e f tAl NB 1e f t A A Thru I Thru A A Right A Right Peds Peds WB Left SB 1eft Thru Thru Right Right Peds Ped s NB Right EB Right A SB Right WB Right Green 12,0 Yellow 3,0 All Red 2,0 A A 42,0 21.0 3.0 3,0 2,0 2,0 Cycle Length: 90.0 ____________________Intersection Performance Summary Appr/ Lane Adj Sat Ratios Lane Group Lane Group Flow Rate __________ Grp Capacity (s) sees Approach v/e g/C Delay LOS Delay 10S ------------------~~'------------~----------- Eastbound L 207 1556 0.21 O. 13 35,3 D 10.6 B R 937 1429 0.49 O. 66 8,2 A Westbound Northbound L 833 1583 1.01 0.76 52,5 D T 1260 1667 0.27 0,76 3,5 A 38.2 D Southbound TR 353 1511 0,84 0.23 49, 4 D 49.4 D Intersection Delay = 33.0 (sec/veh) Intersection 10S = C ------- HCS+: Unsignalized Intersections Release 5,2 Agenda Item No. 17D November 9,2010 Page 244 of 373 TWO-WAY STOP CONTROL SUMMARY -~---------------------- .nalyst: AX Agency /Co _ : DPA Date Performed: ,10/02/2009 Analysis Time Period: AM PEAK HOUR Intersection: SR 82/Corkscrew Road Jurisdiction: COLLIER Units: U. S. Customary Analysis Year: FUTURE 2014 W/PJT w/o Imp Eroject ID: i08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: Corkscrew Road Intersection Orientation: EW Study period (hrs): 0.25 Vehicle Major-Street~-Approach Movement 1 L Volumes and Eastbound 2 T Adjustments_________________________ Westbound 3 4 5 6 R L T R --------------------------------------------------------------- Volume 960 57 61 264 Peak-Hour Factor I PHF 0.88 0.88 0.88 0.88 Hourly Flow Rate, HFR 1090 64 69 300 Percent Heavy Vehicles 12 Median Type/Storage Undivided / RT Channelized? Lanes 1 0 0 1 - Configuration TR LT Jpstream Signal? No No Minor-Street~--Approach--------Northbound-------------Southbound-------------- Movement 7 8 9 10 11 12 L T R L T R volume----------------------9------------~4---------------------------------- Peak Hour Factor, PHF 0,88 0,88 Hourly Flow Rate, HFR 10 72 Percent Heavy Vehicles 19 23 Percent Grade (%) 0 0 Flared Approach: Exists?/Storage No / / Lanes 0 0 Configuration LR ------------------------------------------------------------------------------ __________________Delay, Approach EB Movement 1 Lane Config Queue WB 4 LT Length, and Level of Northbound 7 8 9 LR Service ------------------- Southbound 10 11 12 ;-';phl--------------------69------------SZ----------------------------------- C 1m) (vph) 571 196 v/c 0.12 0.42 95% qlleue length 0,41 1.90 Control Delay 12.2 36,0 LOS B E Approach Delay 36,0 Approach LOS E ~----------------------------------------------------------------------------- HCS+: Unsignalized Intersections Release 5.2 Agenda Item No. 170 November 9,2010 Page 245 of 373 TWO-WAY STOP CONTROL SUMMARY Analyst: AX Agency/Co,: DPA Date Performed: 10/02/2009 Analysis Time Period: PM PEAK HOUR Intersection: SR 82/Corkscrew Road Jurisdiction: COLLIER Units: U. S. Customary Analysis Year: FUTURE 2014 W/PJT w/o Imp Project ID: #0.8577 IMMOKALEE S~.ND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: Corkscrew Road Intersection Orientation: EW Study period (hrs): 0,25 ______________________Vchicle Major Street: Approach l>1ovement 1 L Volumes and Adjustments Eastbound 2 T 3 R 4 L Westbound 5 6 T R -----------------------------------------"------------------------------------- Vol ume 409 6 73 747 Peak-Hour Factor, PHF 0, 98 0.98 0.98 0,98 Hourly Flow Rate, HFR H7 6 74 762 Percent Heavy Vehicles 7 Median Type/Storage Undivided / RT Channelized? Lanes 1 0 0 1 Configuration TR LT Upstream Signal? No No '--------------------------------------------------~-----------------------.---- Minor Street: Approach Movement Northbound 7 8 9 L T R Southbound 10 11 12 L T R ------------------------------------------------------------------------------- Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) Flared Approach: Lanes Configuration 63 0,98 64 o 108 0, 98 110 0 0 No / / 0 , , Exists?/Storage o LR ----~-------------------------~------------~------------~----~---------------- Approach Movement Lane Config De 1 a y, EB 1 Queue WB 4 LT Length, and Level of Northbound 7 8 9 LR Service ------------------- Southbound 10 11 12 ------------------------------------------------------------------------------- v (vph) C(m) (vph) v/c 95% queue length Control Delay 10S Approach Delay Approach LOS 74 111 0 0.07 0.21 8.5 A 174 297 0.59 3.46 32,9 D 32.9 D ------------------------------------- - - --~-------~~---------------~------------- Agenda Item No. 17D November 9,2010 Page 246 of 373 HCS+: Unsignalized Intersections Release 5,2 _______________________TWO-WAY STOP CONTROL SUMMARY Analyst: AX Agency/Co. : DPA Da t e Per forme d : 10/02/200 9 ._"'OL_..>'...._~.~...~.," Analysis Time Period: AM PEAK HOUR In tersection: SR 82 /Proj ect Entrance Jurisdiction: COLLIER Units: U. S. Customary Analysis Year: FUTURE 2014 w/o Imp Project 10: fi08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: Project Entrance Intersection Orientation: EW Study period (hrs): 0.25 Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) 0 Fla red Approach: Exi s ts? / Storage Lanes Configuration Major Street: Vehicle Approach Movement I L Volume Peak-Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? Minor Street: Approach Movement De lay, Approach---------- EB Movement I Lane Config L -------- v (vph) C(m) (vph) v/c 95% queue length Control Delay LOS Approach Delay Approach LOS 44 859 0,05 0,16 9.4 A Volumes and Adjustments Eastbound 2 3 T R Westbound 4 5 6 L T R 283 22 0,95 0.95 297 23 / No I 1 T R No Southbound 10 11 12 L T R 22 42 0.95 0.95 23 44 95 95 0 / / 1 I L R 42 0.95 44 95 Undivided 982 0,95 1033 1 1 L T No Northbound 7 8 9 L T R Queue WB 4 Length, and Level of Northbound 7 8 9 12 R Service Southbound 10 11 L 23 91 0,25 0,92 57,4 F 44 567 0,08 0,25 11. 9 B 27.5 o ------------------------------------------------- Agenda Item No. 17D November 9,2010 Page 247 of 373 HCS+, Unsignalized Intersections Release 5.2 _______________________TWO-WAY STOP CONTROL SUMMARY ------------- Analyst: AX Agency/Co" OPA Date Performed: 10102/2009 Analysis Time Period, PM PEAK HOUR Intersection: SR 82/project Entrance Jurisdiction: COLLIER Units:' U. S, Customary Analysis Year: FUTURE 2014 w/o Imp Project ID: fi08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY EastlWest Street: SR 82 North/South Street: Project Entrance Intersection Orientation: EW Study period Ihrs): 0,25 Major Street: Vehicle Approach Movement 1 L Volume Peak-Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? Volumes and Eastbound 2 T Adjustments Westbound 5 T 3 R 4 L 6 R ------------ 812 5 0,91 0.91 892 5 8 0, 91 8 88 Undivided 509 O. 91 559 / 1 L No 1 R No 1 1 T R No Minor Street: Approach Movement No Northbound 7 8 9 L T R Southbound 10 11 12 L T R Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) 0 Flared Approach: Exists?/Storage Lanes Configuration Delay, EB 1 L Approach Movement Lane Config v (vph) C 1m) (vph) vie 95% queue length Control Delay LOS Approach Delay Approach LOS 8 494 0,02 0.05 12,4 B 5 8 0.91 0, 91 5 8 100 88 0 I I 1 1 L R Queue WB 4 Length, and Level of Northbound 7 8 9 Service Southbound 10 11 L 12 R 5 133 0.04 0,12 33.1 D 8 242 0,03 0,10 20, 4 C 25.3 D APPENDIX N (REVISED OCTOBER 15, 2.009) TURN LANE STORAGE CALCULATION Agenda Item No. 170 November 9,2010 Page 248 of 373 @EJ 1nout Parameters Intersection: Scenario: NB Left. Turn vph: NB Right.Turn vph: sa Left. Turn vph: SB Righi-Turn vph: WB Left.Tum vph: WB RlghHurn vph: EB Left.Turn vph: EB Right~ Turn vph: Intersection: Scenario: NB Left-Turn vph: NB Rlght-Tum vph: 58 LeftpTurn Vph: S8 Right" Turn vph: WB Left.Turn vph" WB Righl.Turn vph: EB Left. Tum vph: EB Righi. Turn vph: Intersection: Scenario: NB Lett- Turn vph: NB Righi.Turn vph: SB Left-Turn vph: S8 Right~Turn vph: WB Left-Turn vph: WB Righi-Turn vph: EB Left. Tllrn vph' EB Righi-Turn vph: FOD/noteI> APPENDIX N (REVISEDl TURN LANE STORAGE CALCULATION UNSIGNALIZED INTERSECTION I" Storaae Lenath SR B2 I Pro'ect Entrance 201~ AM Peak Hour, Peak Season 'ZI peE of Trucks Plus Visitor Traffic V2 Vg V~ V10 V6 V" V8 V12 NIA NIA NIA NIA NIA 37 7b NIA NIA .. NIA N/A NIA NIA 31 58 NIA SR 82/ Pro'ect Entrance 201~ 10AM to 11 AM m peE of Trucks Plus Visitor Traffic V2 VB V~ V'O V6 V11 V8 V12 NIA NIA NlA NIA NIA ~2 78 NIA NIA NIA NIA NrA NIA 35 65 NIA SR 821 Proect Entrance 2014 PM Peak Hour. Peak Season '" PCE of Trucks Plu$ Visitor Traffic V2 V9 V4 V10 V5 V11 V8 V12 NIA NIA N/A NIA NIA 8 14 NIA NIA NIA NIA NrA NrA 7 12 NIA Agenda Item No, 170 November 9,2010 Page 249 of 373 Feet Feet Feet Feel Feel Feel Feet Feet Feel Feet Feet Feet Feet Feet Feet Feet Feet Feet Feet Feet Feel Feel Feet Feel (1) S/o"IIt1L&fJ9l'h- 2'(2516O}"V SO\l1l:o: Io(lIfIV&1 of UnifDl7Tl SlfJrKHrOl For ~sirln, C~mtlrvction.1Id M.;nllln.flC6 For Sl""ol~ .ncf I'flghlWlyf, Sl.~ of FIori(1. (2/ P'Uf!l1l9'=f CI!Ir Equ;"ltlf!lm$ (peE) filcloro11.f /rom Iht Hi9hw.yCapar;>1y Man~~J ;'000 W'&l IIlltd for lroekl. VtlldorNirIJor I//J/fif;. Agenda Item No. 17D November 9, 2010 Pagl9 250 of 373 CU-2008-AR-14078 REV: 1 IMMOKAlEE SAND MINE Project: 2006010087 Date: 12/23/08 DUE: 1/26/09 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY October 28, 2008 Prepared by: DAVID PLUMMER & ASSOCIATES, INC 1531 Hendry Street Fort Myers, Florida 33901 Project #08577 @E3 Agenda Item No, 17D November 9, 2010 Page 251 of 373 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY Introduction The Immokalee Sand Mine, hereafter referred to as the Project, is a proposed 589-acre sand mine located on an 898-acre parcel on the north side of SR 82, approximately one-mile west of the SR 82/SR 29 intersection in Collier County, The site location is identified in Exhibit I. The Project is anticipated to begin operation in 2010 and is expected to be operating at full capacity by 2011. The Project will produce up to 5.2 million tons of high q:uality sand per year. The purpose of this traffic study is to support the conditional use application for the proposed Project. This traffic impact statement has been prepared consistent with the methodologies of the latest Collier County TIS guidelines and the direction provided by County staff at the June 30th Transportation Methodology meeting. Development Parameters The development parameters for the Project are as follows: Land Use Size Sand Mine 589 acres The Project is anticipated to be operating at full capacity by the year 2011. However, to be consistent with the five-year planning horizon per the Collier County TIS guidelines, this traffic study analyzes conditions for the year 2013. Pro i eet Access The Florida Department of Transportation's (FDOT) Corridor Access Management Plan for SR 82 from 1-75 in Lee County to SR 29 in Collier County, and dated February 2007, identifies future access connections and median opening locations and median types along SR 82 after it is widened to six lanes. A summary of access connections near the Project is provided in Appendix A, The plan identifies two future access connections along the Project's frontage on SR 82 to be served by median openings. Of these two access locations, median ID #55 will provide directional access (right-in, right-out, left-in) while median ID #54 will provide a full median opening. The Project proposes to gain access onto SR 82 via the proposed full median opening (#54), located approximately halfway between the existing Lamm Road and Edward Grove Road ea Agenda Item No. 17D November 9, 2010 Page 252 of 373 intersections, which are identified as being served by full median openings in the plan. This entrance will provide full median access for an movements entering and exiting the Project. Study Area The study area is based on the Collier County 2%-2%-3% significance criteria for determining project significance on roadway segments. Service volumes from the latest Collier County 2007 Annual Update Inventorv Report (AUIR) were used for this analysis, The road segments under study include the following: Roadwav SefPllents Roadway From To SR82 Lee County Line Project Entrance Hendry County Line SR82 Project Entrance SR29 SR82 CR29A SR29 The intersections under study include the following. Intersections SR 82/Project Entrance SR 82/SR 29 ExistiOf! Roadway Network The existing roadway network in the vicinity of the Project is shown in Exhibit 1. SR 82 is currently a two-lane undivided State arterial. It extends from downtown Fort Myers to its eastern terminus at SR 29 in Collier County. SR 82 is also part of FDOT's Emerging Strategic Intermodal System (SIS) which means the State has identified this as a corridor of interregional significance, SR 29 is an existing north-south two-lane undivided State arterial which connects US 41 in Collier County to US 27 in Glades County. SR 29 has also been designated as an Emerging SIS facility . 2 lB Agenda Item No, 17D November 9, 2010 Page 253 of 373 Existing Traffic Conditions The existing 2007 peak-hour (K2S0), peak-direction volumes for the road segments under study were obtained from the latest Collier County AUIR, Existing 2007 peak-hour, directional traffic conditions for the roadway segments under study are presented in Exhibit 2, As shown, the roadway segments in the study area are currently operating at or better than the County's adopted level of service (LOS) standard. The existing 2007 PM peak-hour, peak-season intersection traffic volumes were derived from the turning movement counts conducted at the intersection of SR 82 and SR 29 on September 25, 2007. These peak-hour intersection traffic volumes, adjusted to reflect peak-season conditions, are summarized hI Exhibit 3) and presented in ..A..ppendix B. Intersection capacity analysis was performed for the study intersection consistent with the methodologies of the latest Highway Capacity Manual (HCM)/Highway Capacity Software (HCS). HCS capacity analyses for existing 2007 conditions are summarized below, The corresponding HCS worksheets are included as part of Appendix C. Intersection Capacity Analysis - Existing 2007 Conditions Peak Hour, Peak Season Intersection Level of Service PM Peak Hour SR 29/SR 82 B/F(I) Footnotes: (I) UnsignaJized intersection, mlljor street left/minor sIr eel '\eft-turn LOS reponed. Scheduled Improvements Improvements are scheduled for the SR 82/SR 29 intersection. The eastbound approach of SR 82 will be expanded to include separate left-turn and right-turn lanes, This improvement is underway, and is considered a committed improvement. As such, it is reflected in the existing conditions HCS analysis, Trip Generation The daily and PM peak-hour trip generation estimates for the Project were estimated based on the knowledge of the applicant, Cemex, as to the projected operating characteristics of the mine, Information received from Cemex indicated that the sales component of the mine will generate an estimated 600 round trip truck trips per day. The trucks are estimated to have an average capacity of approximately 23 tons. Using this information, daily truck trip estimates were 3 lTI. Agenda Item No. 17D November 9,2010 Page 254 of 373 calculated, The truck trips were adjusted based on the passenger car equivalent conversion factor of 1.7 from Exhibit 20-9 in the 2000 edition of the Highwav Capacity Manual (HCM). This exhibit is attached in Appendix D, The sales component of the mine is anticipated to operate from 4 AM to 6 PM, six days a week. Based on an even distribution over a 14 hour work day, hourly trip generation estimates were established, A small number of maintenance, visitor, and vendor trips were assumed to access the Project at various times throughout the day. To account for these trips, an adjustment factor of five percent was applied to the hourly volume. On-site mine employ.ees are anticipated to work in three eight-hour shifts throughout the day, However, none of these shift changes will occur between the hours of 4-6 PM, therefore they were not included in the PM peak-hour analysis, A detailed description of the calculation of the Project trip generation is presented in Exhibit 4, A summary of the trip generation is summarized below, Proiect Tril' Generation (I) Net New Trips PM Peak Hour In Out Total Dailv Truck Trips 43 43 86 1,200 Passenger Car Equivalents 73 73 146 2,040 5% Adjustment 77 77 154 2,142 Net New 77 77 154 2,142 Footnote: (1) Based 011 research and analysis of existing mines in the Southwest Florida. N; shown above, the proposed Project will generate approximately 154 and 2,142 net new trips during the PM peak hour and on a daily basis, respectively, Trip Distribution/ Assi!mment The Project trip distribution to the surrounding road network is presented in Exhibit 5. The trip distribution is based on the Applicant's understanding of the future market for the mined materials, and was agreed upon in the June 30, 2008 methodology meeting with Collier County Staff. The estimated PM peak-hour Project trips identified in . Exhibit 4 were assigned to the road network based on the Project trip distribution in Exhibit 5, The future 2013 PM peak-hour Project traffic assignment is presented in Exhibit 6. 4 ~ Agenda Item No, 17D November 9,2010 Page 255 of 373 Future Traffic Conditions Without Proiect o__m_--~~"'~Theexisting 2007 pe'ak-hotir (K2S0] directional segrritmf volumes' (EXhibit 2) were projected to the 2013 study horizon based on historic growth rates, The growth rates were based on a review of the historic growth in traffic volumes from 1998 to 2007 from the Collier County Traffic Operations Department Average Daily Traffic Counts. The calculations for the growth rates are included in Appendix E and summarized below, Summarv Growth Rate Calculation STA. Location 2008102013 % Annual Growth Linear Growth Rates 661 SR 82 wesl of SR 29 3.23% 1.19 591 SR 29 north ofSR 82 4.67% 1.28 663 SR 29 (North J 5. Street) north of I..ake Trafford 5.80% 1.35 The resultant peak-hour background 2013 segment volumes are presented in Exhibit 7. As shown, the study area roadway segments are anticipated to operate at acceptable levels of service in 2013. The existing 2007 PM peak-hour, peak-season intersection volumes (Exhibit 3) were also projected to 2013 peak-season conditions using the above growth rates. The background volumes at the intersection under study are presented in Exhibit 8. Intersection capacity analysis was performed consistent with the methodologies of the latest Highway Capacity Manual (HCM)/Highway Capacity Software (HCS). HCS capacity analyses for future background 2013 conditions without the Project are summarized below, The corresponding HCS worksheets are included as part of Appendix F, Intersection Capacity Analysis - Future Background 2013 Conditions Without Proiect, Peak Hour, Peak Season Intersection PM Peak-Hour Level of Service Without With Improvements Improvements SR 29/SR 82 C/F(I) C(2) Footnotes: (1) Unsignalized intersection, major streel1eftJminor streetleft-Ium LOS reponed. (2) Signalized Intersection, OVCT'21l intersection LOS reponed. 5 (B Agenda Item No, 17D November g, 2010 Page 256 of 373 As shown above, the SR 82 eastbound left-turn movement will not meet existing intersection LOS standards in the future even without the Project volumes on the roadway network. Future signalization of this intersection is recommended, if and when warranted. Future Conditions With Proiect The future total 2013 peak-hour, peak-season segment volumes were estimated by adding the Project PM peak -hour trips to the background 2013 segment volumes presented in Exhibit 7. The resultant future total 2013 roadway segment traffic volumes with the Project and the roadway levels of service are presented in Exhibit 9. The roadway segments under study are anticipated to operate at or better than the County's adopted LOS standard. Based on the County's 2%-2%-3% significance criteria for determining Project significance on roadway segments, the Project is anticipated to have a significant impact on SR 82 from the Lee County Line to SR 29. The future 2013 PM peak-hour total intersection traffic volumes were estimated by adding the proposed Project traffic volumes (Exhibit 6) to the future 2013 PM peak-hour background traffic volumes (Exhibit 8). Total intersection volumes at the Project entrance were derived by adding the proposed Project traffic volumes (Exhibit 6) to the background (2013) segment volumes. The resultant future total 2013 PM peak-hour intersection traffic volumes at the intersections of SR 82 with SR 29 and SR 82 with the Project Entrance are presented in Exhibits lOa and lab, respectively, Intersection capacity analyses were performed consistent with the methodologies of the latest Highway Capacity Manual (HCM)/Highway Capacity Software (HCS), HCS capacity analyses for future total 2013 conditions with the Project are summarized below, The corresponding HCS worksheets are included as part of Appendix G. Intersection Capacity Analysis - Future Total 2013 Conditions With Proiect Peak Hour, Peak Season Intersection PM Peak-Hour Level of Service Without With Improvements Improvements SR 29/SR 82 SR 82/Project Entrance C/F (I) CIF(I) C(2) N/A Footnotes.: (1) UnsignaHzed intersection, major street left/minor street left~tum LOS reponed. (2) Signalized intersection, overall intersection LOS reported. 6 ~ Agenda Item No, 17D November 9, 2010 Page 257 of 373 Turn Lanes '''As~Tequested by the Collier County.- Transportation- Planning-~Stafrin -the' June 30: 2008 methodology meeting, the need for turn lanes to serve the Project Entrance was analyzed, and as necessary, turn-lane storage lengths were calculated. _ The results of this analysis are summarized _ _ below and also presented in Exhibit ] ], Storage calculations are provided in Appendix H. Recommended Proiect Entrance Turn Lanes Estimated Estimated Total Turn Storage Deceleration Bay Length Intersection Movement Demand (ft,) Distance (ft,) ill au SR 82/ Project Entrance EB Left 50 460 SID WB Right NfA (2) 460 460 Footnote: (I) Per Florida Department of Transportation Index #30 I. (2) Per the Florida DOT Driveway Handbook. dated March 2005, Chapter 7 Right Tum Lanes.. Section 7.5, unsignalized rightRtum lanes would normally not have queues. Therefore, the righHum lane would only consist of taper and deceleration. Conclusions The conclusions of the traffic analysis are as follows. I, The proposed Immokalee Sand Mine is a 589-acre sand mine located in Collier County. 2, The Project will generate] 54 passenger car equivalent trips on the existing road network during the PM peak hour. 3. The roadways under study are expected to operate at or above the County's LOS standard at the five-year planning horizon of2013, 4. The Project exceeds tbe 2%-2%-3% threshold for project significance along SR 82 in Collier County. Therefore the Project has a significant but not adverse impact on SR 82 in Collier County. 5, The SR 82/SR 29 intersection is currently an unsignalized intersection with very heavy turn volumes. Signalization of the SR 82/SR 29 intersection is recommended, if and when warranted, 6, An eastbound left-turn lane, as well as a westbound right-turn lane, are recommended at the Proj ect Entrance. 7 @E) 0. c:( :E Z o !;;: o o ..J b w ""') o a:: 0. >- o ;:) ... woo Zo - :Eii: ou. zc:( c:(a:: 00'" ww wOO ..J;:) ~~ OZ ~Q :E!:: -0 Z o o , [~) Agenda Item No. 17D November 9,2010 Page 259 of 373 '_~'. ~,._..,.,_'.'.J '_', ',.', _ -"-___.....,~w_.<.cc..__"c.__,_""='_. APPENDIX A CORRIDOR ACCESS MANAGEMENT PLAN FOR SR 82 i I I :, . , i I I I . . I 'II~ " I I I I , I I I , i I I I I , , , I , I I I I I J:.l I I I , . . J Ii I I I .J . . I ! . , I , i I , I , I I I I I , , I I , I I , I I I , ! 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III 0 ,Q ,- a.. - 0.. .I: l! 8? - ,- ~ C "'", ,.......- . i.;r,~;w.~ "=, III C-c ~ E Ujo ,-- - 1: '(:;= ell - 7t: '" :!E - 0. ,- C:-'. . .. .;.- :1: Ol " ~ - Cl ~'-"" ,"",,'- 1- '" , -L-- ;-- "0 , - 'C ----- .~' 0 , -, ,.:.J; u: - - - .....u --- "= :-= - ~ J~ :' \'i\ ['I \\. ~i\-,~ ""1!J.~ :!! ) \ ! " +.\ / II I I., / L'f " . .:/' : I'll '" 1; ~\\)i..i J, .\~., ."'\~~T / '~ I I :\~~ ! i____..__ i @)..'.....'..' . .' , . 'I If:,;' " !' -, ' ~ I' C, : 4,;,...:;1 1':1 ;1 ";'J !, , .~, ; r-:i ...-,...----..."""""'"".. APPENDIX C INTERSECTION CAPACITY ANALYSIS WORKSHEETS EXISTING CONDITIONS Agenda Item No. 170 November 9,2010 Page 263 of 373 HCS+: Unsignalized Intersections Release 5.2 Agenda Item No, 17D November 9, 2010 Page 264 of 373 TWO-WAY STOP CONTROL SUMMARY lyst: DL Agency/Co.: DPA Date Performed: 7/29/2008 Analysis Time Period: PM PEAK HOUR Intersection: SR 29/SR 82 Jurisdiction: COLLIER Units: U. S. customary Analysis Year: 2008 Project ID: f08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: SR 29 Intersection Orientation: NS Study period (hrs): 0.25 Major Street: Vehicle Approach Movement 1 L Volume Peak-Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration - .tream Signal? Minor Street: Approach Movement Volumes and Northbound 2 T Adjustments 3 R Southbound 4 5 6 L T R 181 45 0.91 0.91 198 49 / No 1 1 T R No Eastbound 10 11 12 L T R 67 568 0.91 0.91 73 624 8 0 0 / / 1 1 L R 287 0.91 315 715 0.91 785 12 Undivided 1 1 L T No Westbound 7 8 9 L T R Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) 0 Flared Approach: Exists?/Storage Lanes Configuration Delay, NB 1 L Approach Movement Lane Config v (vph) C 1m) (vph) v/c 95% queue length Control Delay " OS ,proach Delay Approach LOS 785 1263 0.62 4.58 12.4 B Queue SB 4 Length, and Level of Westbound 7 8 9 Service Eastbound 10 11 L 12 R 73 21 3.48 9.41 1494 F 624 848 0.74 6.74 20.1 C 174.5 F ------------------------------------------------------------------------------ Agenda Item No. 17D November 9,2010 Page 265 of 373 APPENDIX D EXHIBIT 20-9 2000 HIGHWAY CAPACITY MANUAL Highway Capacity Manual 2000 Agenda Item No, 170 November 9,2010 Page 266 of 373 Passenger-car equivalents for extended two-way segments are determined from Exhibit 2()"9 for estimating speeds and from Exhibit 2()"1 0 for estimating percent time- spent-following. The terraio of extended two-way segments should be categorized as level or rolling. EXHIBIT 20-9, PASSENGER-CAR EaUIVALENTS FOR TRUCKS AND RVS TO DETERMINE SPEEDS ON TWO-WAY AND DIRECTlONAL SEGMENTS . Type of Terrain Vehicle Type Range aI Two-Way Rang. of DiOlctional Lewi Rolling Flow Rates (pc/h) FlOW Rates (pc/h) Trucks, E1 0-li00 0-300 1.7 2.5 > 600-1,200 > 300-500 1.2 l.g > 1,200 > 600 1.1 1.5 RVs, ER 0-600 0-300 1,0 1.1 > 600-1,200 > 300-500 1.0 1.1 > 1,200 >600 1.0 1.1 EXHIBIT 20-10. PASSENGER-CAR EQUIVALENTS FOR TRUCKS AND RVS TO DETERMINE PERCENT TIME-SPENT -FOLLOWING ON TWO-WAY AND DIRECTIONAL SEGMENTS Type ofTerraln Vehicle Type Range of Two-Way Range of Directional Level Rolling Flow Rates (pc/h) Flow Rates (pc/h) Trucks, E1 0-li00 0-300 1.1 1,8 , 600-1,200 > 300-500 1.1 1.5 >1.200 ' 600 1.0 1.0 RVs, ER 0-600 l)..300 1.0 1.0 , 600-1,200 > 300-500 1.0 1.0 , 1,200 > 600 1.0 1.0 Level Terrain Level terrain is any combination of horizontal and vertical alignment permitting heavy vehicles to maintain approximately the same speed as passenger cars; this generally includes short grades of no more than I or 2 percent. Rolling Terrain Rolling terrain is any combination of horizontal and vertical alignment causing heavy vehicles to reduce their speeds substantially below those of passenger cars. but not to operate at crawl speeds for any significant length of time or at frequent intervals; generally. this includes short- and medium-length grades of 00 more than 4 percent. Segments with substantial lengths of more than a 4 percent grade should be analyzed with the specific grade procedure for directional segments. HeavyNehic/e Adjustment Factor Once values for E,. and ER have been determined, the adjustment factor for heavy vehicles is computed using Equation 20-4. 'HV = 1 (20-4) I'+Pr(Er -1)+PR(ER -1) where Pr = proportion of trucks in the traffic stream, expressed as a decimal; PR = proportion of RVs in the traffic stream. expressed as a decimal; Chapter 20 . Two-Lane Highways Methodology 20-8 APPENDIX F INTERSECTION CAPACITY ANALYSIS WORKSHEETS BACKGROUND 2013 CONDITIONS Agenda Item No. 170 November 9,2010 Page 267 of 373 HCS+: unsignalized Intersections Release 5,2 Agenda Item No. 170 November 9,2010 Page 268 of 373 TWO-WAY STOP CONTROL SUMMARY ------------ Lyst: DL Ayency/Co.: DPA Date Performed: 7/29/2008 Analysis, Time Period: PM PEAK HOUR Intersection: SR 29/SR 82 Jurisdiction: COLLIER Units: U. S. customary Analysis Year: 2013 Project ID: #08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: SR 29 Intersection Orientation: NS Study period (hrs) 0.25 vehicle ------------- Major Street: Approach Movement 1 L volume Peak-Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration ,tream Signal? Minor Street: Approach Movement Volumes and Northbound 2 T Adjustments 3 R southbound 4 5 6 L T R 232 58 0,95 0.95 244 61 / No 1 1 T R No Eastbound 10 11 12 L T R 80 676 0.95 O. 95 84 711 2 0 0 / / 1 1 L R 387 0.95 407 965 0.95 1015 2 Undivided 1 1 L T No Westbound 789 L T R volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) 0 Flared Approach: Exists?/Storage Lanes Configuration Delay, NB 1 L Approach Movement Lane Config v (vph) C (m) (vph) v/e 95% queue length Control Delay .tOS ,proach Delay Approach LOS 1015 1256 0.81 9.59 18.6 C Queue SB 4 Length, and Level of Westbound 789 Service Eastbound 10 11 L 12 R 84 5 16.80 12.41 8532 F 711 800 0.89 11.69 33.7 D 931.7 F ------------------------------------------------------------------------------ HCS+: Signalized Intersections Release 5.2 Agenda Item No. 17D November 9, 2010 Page 269 of 373 Analyst: DL Agency: DPA Date: 8/1/2008 Period: PM PEAK HOUR Project ID: #08577 IMMOKALEE E/W St: sa 82 Inter.: SR 82/SR 29 Area Type: All other areas ,Turisd: COLLIER Year : BACKGROUND 2013 w/imp SAND MINE CONDITIONAL USE TRAFFIC STUDY N/S St: SR 29 No. Lanes LGConfig Volume Lane Width RTOR Vol I 1 I I I L 180 112.0 1 SIGNALIZED INTERSECTION SUMMARY Eastbound I Westbound I Northbound L T R 1 L T R 1 L T R _______1______ 1________ 1 1 000 1 1 1 R 1 I L T 676 I ! 965 387 12.0 I 112.0 12.0 53 1 1 1 o Duration 0.25 ---------- Phase Combination 1 EB Left A Thru Right Peds WB Left Thru Right Peds NB Right SB Right Green Yellow All Red Appr/ Lane Grp Lane Group Capacity Eastbound L 295 R 1143 Westbound Northbound L 991 T 1345 Southbound T R Area Type: All other areas _____Signal Operations_______ 2 3 41 5 6 1 NB Left A A Thru A A Ri gh t Peds SB Left Thru Right Peds EB Right A WB Right 45.0 15.0 3.0 3.0 2.0 2.0 Cycle Length: Intersection Performance Summary_______ Adj Sat Ratios Lane Group Approach Flow Rate (s) A A 15.0 3.0 2.0 1770 1583 1770 1863 311 1863 616 1583 Intersection Delay Southbound L T R o ------- 011 T R 232 58 12.0 12.0 36 ---------------------- 7 8 A A 90.0 sees v/c g/C Delay LOS Delay LOS -------------------- 0.28 0, 17 33.3 C 5.5 A 0.57 0.72 1.9 A 1. 03 0.30 0.72 0.72 49.2 1.0 D A 35.4 D 0.78 0.04 = 27.4 0.17 48,4 0 45.5 0.39 15.5 B (sec/veh) Intersection D LOS = C ----------------------------~--------------------------------- APPENDIX G INTERSECTION CAPACITY ANALYSIS WORKSHEETS FUTURE 2013 CONDITIONS WITH PROJECT Agenda Item No. 17D November 9,2010 Page 270 of 373 HCS+: Unsignalized Intersections Release 5.2 Agenda Item No. 170 November 9, 2010 Page 271 of 373 TWO-WAY STOP CONTROL SUMMARY Analyst: DL Agency/Co.: DPA Date Performed: 7/29/2008 Analysis ,rime Period: PM PEAK HOUR Intersection: SR 29/SR 82 Jurisdiction: COLLIER Units: U. S. Customary Analysis Year: 2013 with Project Project ID: ~08577 IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: SR 29 Intersection Orientation: NS Study period (hrs): 0.25 __________Vehicle Street: Approach Movement 1 L Volumes and Adjustments Northbound r'~ajor 2 T 3 R 4 L Southbound 5 T 6 R --------------- Volume Peak-Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Median Type/Storage RT Channelized? Lanes Configuration Upstream Signal? 978 0.95 1029 2 Undivided 387 0,95 407 232 0.95 244 72 0.95 75 / 1 1 L T No No 1 1 T R No Minor Street: Approach Movement ------------~-------------~--- Westbound Eastbound ]0 11 12 L T R 7 8 9 L T R ---------------------.--------------- Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) 0 Flared Approach: Exists?/Storage Lanes Configuration 94 689 0,95 0.95 98 725 2 0 0 I / 1 1 L R ------------------------------------------------- De 1 a y, NB 1 L Queue SB 4 Length, and Level of Westbound 789 Service Eastbound 10 11 L Approach Movement Lane Config 12 R ~-(;PhT-------------I029-------------------------------~8------------~5----- C (m) (vph) 1241 4 800 v/e 0.83 24.50 0.91 95% queue length 10.44 14.32 12.45 Control Delay 20,1 12347 36.2 LOS C F E Jl,pproach Delay 1502 Approach LOS F -------------------------------------------------------------- HCS+: Signalized Intersections Release 5.2 Agenda Item No. 170 November 9, 2010 Page 272 of 373 Analyst: DL ^"~ncy: DPA e: 8/1/2008 Period: PM PEAK HOUR Project ID: 408577 IMMOKALEE SAND MINE E/W St :,...SR 82 Inter.: SR 82/SR 29 Area Type: All other areas Jurisd: COLLIER Year : FUTURE 2013 wlimp CONDITIONAL USE TRAFFIC STUDY N/S..St :_.SR29 1 o SIGNALIZED INTERSECTION SUMMARY I Westbound 1 Northbound 1 L T R 1 L T R I 1 1 1--0-00-1-'1---'1"-0- -0-'1--'1- RilL T T R 689 1 1978 387 232 72 12.0 I 112.0 12.0 12.0 12.0 53 I I 36 Southbound L T R phase Combination 1 EB Left A Thru Right Peds WB Le ft Thru Right Peds Right Right Green Yellow All Red No. Lanes LGConfig volume Lane Width RTOR Vol Duration Appr/ Lane Grp Eastbound L 295 Eastbound L T R I 1 1 1 I L 194 112.0 I 0.25 Lane Group Capacity R 1143 Westbound Area Type: All other areas Signal ~perations 3 4 1 1 NB 1 1 I I SB \ I 1 I EB I WB 2 5 A A 6 A A 7 8 A Left Thru Right Peds Left Thru Right Peds Right Right A A A A 15.0 3.0 2.0 45.0 15.0 3.0 3.0 2.0 2.0 Cycle Length: 90.0 Intersection Performance Summary Adj Sat Ratios Lane Gro~p--APproach-------- Flow Rate (s) sees ------ vie g/C ------ Delay LOS Delay LOS 1770 0.34 0.17 33.8 C 6.1 A 1583 0.59 0.72 2,0 A Northbound L 991 1770 1. 04 0.72 53,3 D T 1345 1863 0.30 0.72 1.0 A 38.5 D Southbound T 311 1863 0.78 0.17 48.4 D 43.9 D 616 1583 0,06 0.39 15.6 B Intersection Delay = 29.1 (see/veh) Intersection LOS = C ------------------------------------------------------------------------------- HCS+: Unsignalized Intersections Release 5.2 Agenda Item No. 17D November 9, 2010 Page 273 of 373 TWO-WAY STOP CONTROL SUMMARY Analyst: DL .l\gency/Co.: DPA Date Performed: 7/29/2008 Analysis Time Period: PM PEAK HOUR Intersection: SR 82/PROJECT ENTRANCE Jurisdiction: COLLIER Units: U. S. Customary Analysis Year: 2013 Project ID: IMMOKALEE SAND MINE CONDITIONAL USE TRAFFIC STUDY East/West Street: SR 82 North/South Street: PROJECT ENTRANCE Intersection Orientation: EW Study period (hrs): 0.25 Major Street: Vehicle Approach Movemen t 1 L Volumes and Adjustments Eastbound -------- Nestbound 2 T 3 R 4 L 5 6 T R vOlume--------SO-----662---------S0g--2'7---- Peak-Hour Factor, PHF 0.95 0.95 0,95 0.95 Hourly Flow Rate, HFR 52 696 851 28 Percent Heavy Vehicles 10 Median Type/Storage Undivided RT Channelized? / ; ~ 1 T No 1 T No No 1 R Lanes Configuration Upstream Signal? 1 Minor Street: Approach Movement Northbound 7 8 9 L T R Volume Peak Hour Factor, PHF Hourly Flow Rate, HFR Percent Heavy Vehicles Percent Grade (%) 0 Flared Approach: Exi sts? /Storage Lanes Configuration Southbound 10 11 12 L T R 27 50 0,95 0,95 28 52 0 0 0 / / 1 1 L R --------------------------~-------------~-------------------------------- De lay, EB 1 L Queue WB 4 Length, and Level of Northbound Approach Movement Lane Config 7 8 9 Service ----- Southbound 10 11 12 L R ------------------------------------------------------------- v (vph) 52 28 52 C(m) (vph) 736 102 363 vlc 0.07 0.27 0.14 95% queue length 0,23 1. 02 0,50 Control Delay 10.3 53.1 16.6 LOS B , ~ "- Approach Delay 29.4 Approach LOS D Agenda Item No. 17D November 9, 2010 Page 274 of 373 APPENDIX H TURN LANE STORAGE CALCULATION Agenda Item No. 170 November 9, 2010 Page 275 of 373 APPENDIX H TURN LANE STORAGE CALCULATION UNSIGNALIZED INTERSECTION Input Parameters Intersection: Scenario: (1) StoTaae LenatlT SR 821 Pro'ect Entrance 2013 PM Peak Hour, Peak Season NB Left-Turn vph: NB Right-Turn vph: SB Left-Turn vph: SB Right-Turn vph: EB Left-Turn vph: EB Right-Turn vph: WB Left-Turn vph: WB Right-Turn vph: V2 V9 V4 V10 V6 V11 VB V12 Footnotes: N/A N/A N/A N/A N/A 27 50 N/A NJA NJA NJA NJA NJA 23 42 NJA (1) Storage Length = r(25'60)"V Source: Manual of Uniform Standards For Design, Construction and Maintenance For Streets and Highways, State of Florida. Feet Feet Feet Feet Feet Feet Feet Feet ~I Agenda Item No. 17D November 9,2010 Page 276 of 373 IMMOKALEE SAND MINE: COLLIER COUNTY ENVIRONMENTAL IMPACT STATEMENT PREPARED FOR: ~c:mc:)( 3820 Northdale Blvd., Ste 100B Tampa, FL 33624 DOCUMENT PREPARED BY: TURRELL, HALL & >-;~ ASSOCIATES,INC. - " Mar"inc & Environllll.:lHal ("'onsulling 3584 Exchange Avenue Naples, Florida 34104 In Association with RWA, Inc. DECEMBER, 2008 Revised: MAY, 2009 Immokalee Sand Mine CU-2007-AR-14078 Submitted: 6/14/10 ~---"~_'_'<-".~-~..._.._._,_.-.,-_.,-_..._.... Agenda Item No. 17D November 9, 2010 Page 277 of 373 Immokalee Sand Mine EIS December, 200& Rc\': May, 2009 IMMOKALEE SAND MINE: ENVIRONMENTAL IMPACT STATEMENT TABLE OF CONTENTS SECTION PAGE A. APPLICANT INFORMATION ..........................................., ...................... ...............................3 B, MAPPING AND SUPPORT GRAPHiCS............. ................... .................. ...............................4 C. PROJECT DESCRIPTION & GMP CONSISTENCY DETERMINATION ....................................... .........8 D, NATIVE VEGETATION PRESERVATION ............. ....................... .................. .............................1B E, WETLANDS .......................................... .................................. ............... ................... .........20 F, SURFACE & GROUND WATER MANAGEMENT ............................... .......... ....................... ..25 G, LISTED SPECiES................ .............................................. ............ ...27 H, OTHER................................ ...................,...................... .29 APPENDICES Appendix A: Tables Appendix B: Immokalee Sand Mine: Existing Vegetation Associations (FLUCFCS) & Listed Species Survey AppendiX c: Attachments Attachment 1. Water Quality Loading Analysis Attachment 2. Immokalee Sand Mine: Protection (Management) Plan for American Alligators, Listed Wading Birds, Alligator Snapping Turtle, Sandhill Crane, Florida Panther, Gopher Tortoise, Indigo Snake, and Crested Caracara Attachment 3, Letter from the Division of Historical Resources Regarding Florida Master Site File Search Performed for the Immokalee Sand Mine Project Appendix D: Exhibits Exhibit 1. Location Map Exhibit 2. Existing FLUCFCS & Wetlands Exhibit 3. Existing Native Vegetation & Wetlands Exhibit 4. Existing Topography & Drainage Patterns Exhibit 5. Soils Exhibit 6, Conceptual Site Plan Exhibit 7. Wetland Impacts and Preserves Exhibit 8. 1973 Aerial Photograph for Project Area Exhibit 9. Mitigation Areas: Existing & Proposed Conditions Exhibit 10. RLSA Overtays in Project Area Exhibit 11. Future Land Use Exhibit 12. Listed Species Records Exhibit 13. Listed Species Observed Agenda Item No. 17D November 9,2010 Page 278 of 373 lmmokalee Sand Mine E1S December, 2008 Re.v: May, 2009 I A.. APPLICANT INFORMATION I. Responsible person who wrote the EIS and his/her education and job related environmental experience. Primary Author of document-- Timothy Hall; Vice President and Senior Biologist with Turrell, Hall & Associates, Inc.; B,S,F.R.C, (Wildlife EcoIDgy), PDst Baccalaureate Studies (Wetland Ecology); 20 years of prDfessional environmental experience. Previous work has included plant and animal species identification. habitat assessments, weUand deilneatlons, wildlife surveys, and wetland restoration, Over 10 years experience with preparation of Environmental Impact Statements for Collier County as well as EnvirDnmental Assessments, Biological Assessments, and similar environmental evaluations in coordinatiDn with local, state, federal, and intelTlationalagencles. Add~iona' CDntributors -- EmiliD RDbau, P.E,; Executive Vice President and Private Sector Director with RWA, Inc, B.S. (CIvil Engineering); Licensed prDfessional engineer; 22 years experience In land planning and stormwater management design; experience include preparation Df an extensive array of design plans and applications for various project permits and development approvals. Jereme Shaidle, E.I.; Engineer in Training with RWA, Inc, B.S, (Civil Engineering); 2 years experience in civil engineering projects including stormwater management design, water quality analyses, etc, Bob Muihere, A,I.C,P.; Vice President and Director Df Planning with RWA, Inc, M.S. (Public Administration), B.A, (Political Science); 18 years of professional planning experience in sDuthwest FIDrida; background includes serving as the Planning DlrectDr for Collier County. ii, Owner(s)/agent(s) name, address, phone number & e-mail address. ApPlicant is: Cemex Construction Materials FIDrlda, LLC. 3820 Northdale Blvd., Ste 100B Tampa, FL 33624 contact: Mr. Mat! Mouncy phone: (863) 422-1171 x233 Fax: (863) 422-8610 Aqent fDr the Applicant: Mr. Robert Mulhere, AICP RWA, Inc. 6610 Willow Park Drive, #200 Naples, FL 34109 phone: (239) 597-0575 e-mail: ~m@consult-rwa.com Propertv Owner (contact) is: Mr, Tom Jones Barron Collier Companies 2600 Golden Gate Parkway Naples, FL 34105 phDne: (239) 262-2600 e-mail: tjones@barroncollier.com Co-Aqent is: Mr. George Varnadoe Cheffy, Passidomo, WilsDn & Johnson LLP 821 Fifth Avenue South Naples, FL 34102 phone: (239) 261-9300 e-mail: glvarnadDe@napleslaw.cDm Consultant/ADent for Applicant eElS Contact) is: Mr. Tim Hall Turrell, Hall & AssDciates, Inc, 3584 Exchange Avenue Naples, FL 34104 phDne: (239) 643-0166 e-mail: lhall@turrell-assoclates.com PalZe 3 of30 Aoenda Item No. 170 ~ November 9,2010 Page 279 of 373 1 mmokalee Sand Mine EIS December, 2008 Rev: May, 2009 1 B. MAPPING AND SUPPORT GRAPHICS I, General location map, A general location map is provided as Exhibit 1, The proposed mine project is referred to as the Immokalee Sand Mine -and will -encompasS approximately 897.90 acres situated in portions of Sections 6 and 7, Township 46 South, Range 29 East, Collier County, Florida. The Immokalee Sand Mine is located north of Immokalee and its southern boundary Is adjacent to State Road 82 about 1 mile west oj the intersection of State Road 29 and State Road 82, Part of the Immoka!ee Sand Mine project will include conducting enhancement and restoration activities on lands within the mine site, as well as simply retaining a portion of the mine property outside of the proposed working footprint. The mitigation preserve area Is approximately 25.9 acres, a proposed wildlife corridor area Is approximately 81.9 acres, and a retained area in the southwest corner of the project site is about 10.2 acres. These areas together encompass approximately 118 acres most of which are situated along the northern and north-eastern boundaries of the proposed mine, This EIS frequently refers to lands within the Immokalee Sand Mine property boundary as the "Mine properly" or "Mine site" while lands within the boundaries of the on-site mitigation areas are relerred to as the "mitigation areas" or "preservation areas". Taken together, the lands contained within the Immokalee Sand Mine property boundary are typically referred to herein as the "project iands". ii. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred (200) feet outside the parcel boundary, This does not mean the applicant is required to go on to adjacent properties, Habitat identification will be consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System (FLUCFCS) and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County, Other scale aerials may be used where appropriate for the size of the project, provided the photograph and overlays are legible at the scale provided, A legend for each of the FLUCFCS categories found on-site shall be included on the aerial. Existing FLUCFCS categories mapped on the project lands are illustrated in Exhibits 2 and 3, Areas classifying as "native vegetation" are shown on Exhibit 3. iii. Topographic map, and existing drainage patterns if applicable, Where possible, elevations within each oj the FLUCFCS categories found on-site shall be provided, Exhibit 4 illustrates existing topography and general surface water drainage patterns. The majority of the mine property consists of actively managed agricultural operations. The properly Is almost equally split between citrus grove In the western half of the property and row crops in the eastern half. Both the grove and the row crop fields have been graded to drain into internal field ditches and/or into perimeter rim ditches surrounding groups of fields. The larger groups of crop fields are bordered by large perimeter containment berms. Because of these perimeter berms, no runoff naturally drains from the property. All water from the site is diverted through the perimeter ditches to the eastern side of the property where It outfalls into another pump controlled ditch. When these pumps are operating, water is thrown to the east where It enters Into more natural sheet flow conditions, The water table (water levels) within the crop fields Is strictly managed and controlled. Wells with in-pumps in conjunction with throwout pumps at various locations (see Exhibit 4) are the primary means of regulating water levels within the fields. The two throwout pumps on the property discharge into a rim ditch that surrounds a non-field upland water retention area, This large water retention area is surrounded by a perimeter containment berm, but can Page 4 of30 Agenda Item No. 17D November 9, 2010 Page 280 of 373 lmmokalee Sand Mine EIS December, 2008 Rev: May, 200~ discharge into off-site ditches to the east once the water level In the retention area is sufficiently high. The on-site throwout pumps can be used to transfer water from one field to another, to de-water the fields (lower the water table), and to flood the fields for nematode control. Some throwout pump locations are essentially permanent while others can be moved as needed depending on crop rotations and rainfall, Irrigation wells present are also utilized to pump waler into the crop fields for irrigation purposes, iv, Solis map at scale consistent with that used for Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations, Based on the National Resource Conservation Service (NRCS) "Soil Survey of Collier County Area. Florida" (NRCS, 1998) there are 7 different soil types (soil map units) present on the project iands, Exhibit 5 provides a soils map for the project area as derived from the NRCS mapping. The following sub-sections provide a brief description of each soli map unit. identified .on the project lands, Information is provided about the soil's landscape position (I.e, its typicai location in the landscape on a county-wide basis), the soil's profile (I.e, textural composition and thickness or depth range of the layers or horizons commonly present in the soil), and the soil's drainage and hydrologic characteristics, In addition, the hydrologic soil group is also Identified for each soil. There are 4 groups that are used to estimate runoff from precipitation. Soils are grouped according to the rate of Infiltration of water when the soils are thoroughly wet and are subject to precipll.ation from long-duration storms, The four groups range from A (soils with a high infiltration rate, low runoff potential, and a high rate of water transmission) to 0 (soils having a slow infiltration rate and very slow rate of water transmission), The soils occurring on project lands are as follows: Immokalee fine sand (MaD Unit #7) Landscape position - Flatwoods, Soli profile - Surface layer is black fine sand about 6 inches thick, The subsurface Is light gray fine sand to a depth of 35 inches, The subsoil is fine sand varying from reddish brown to dark brown and down to about 58 inches. Substratum is a pale brown fine sand to a depth of about 80 inches. Drainage/Hydrologic characteristics - Poorly drained. Permeability Is moderate, The seasonal high water table (apparent) is at a depth of 6 to 18 inches for 1 to 6 months. Water table can recede to more than 40 inches during dry periods, Hydrologic group is BID, Mvakka fine sand (MaD Unit #8) Landscape posll.ion - Flatwoods, Soil profile - Surface layer is dark gray fine sand and typically 7 inches thick. The subsurface is fine sand to a depth of 27 Inches. Substratum is a yellowish brown fine sand to a depth of about 80 inches, DrainagelHydrologic characteristics - Poorly drained. Permeability Is moderate. Seasonal high water tabie (apparent) is at a depth of 6 to 18 Inches for 1 to 6 months during most years, During the other months, the water tabie is below a depth of 18 inches, and it recedes to a depth of more than 40 Inches during extended dry periods. Hydrologic group is BID. Oidsmar fine sand (MaD Unit #16) Landscape position - Flatwoods. Soil profile - Surface layer to a depth of 3 to 8 Inches consists of fine sand. Subsurface layer to depth of about 4 to 50 inches consist of sand or fine sand. Subsurface layers below this to a depth of 30 to 65 Inches consist of sand or fine sand. Below these layers the subsoil is fine sandy loam, sandy clay loam, or sandy loam. Limestone bedrock begins at a depth of 60 to 72 inches but may not begin within 80 inches of the surface in some pedons, DrainagelHydrologic characteristics - Poorly drained. Permeability is slow or very slow, The seasonal high water table (apparent) is at a depth of 6 to 1B Inches for 1 to 6 months, Hydrologic group is BID, Agenda Item No. 170 November 9,2010 Page 281 of 373 Immoka,lee Sand Mine EIS December. 2008 Rev: May, 2009 Basinaer fine sand (Map Unit #17) Landscape position - Sloughs and poorty defined dralnageways, Soil profile - All soil horizons present to a depth of 80 Inches or more are comprised of fine sand, A weak spodic horizon occurs beginning at depths ranging from 12 to 38 inches. DralnagelHydroiogic characteristics - Poorly drained. Permeability is rapid. The seasonal high water table (apparent) is within 12 inches of the surface for 3 to 6 months. Shallow standing water Is present for about 7 days following peak rainfall events during the wet season. Hydrologic group is B/D. This soli is classified as a hydric soil by the NRCS. Ft, Drum and Malabar. hlah. fine sands (Map Unit #201 Landscape position - On ridges along sloughs. Soil profile for Ft. Drum soil - The surface layer is typically a dark grayish brown fine sand about 5 inches thick, The subsoil is fine sand to a depth of about 20 inches. Soil profile for Malabar, high soil - The surface layer is typically dark gray fine sand about 2 inches thick. The subsurface layer is light brownish gray fine sand to a depth of about 15 inches. Drainage/Hydrologic characteristics - Poorly drained. Permeability is slow or very slow for Malabar soil and rapid for Ft. Drum soil. Under natural conditions, the seasonal high water table (apparent) is set at a depth of 6 to 18 inches for 1 to 6 months during most years. During the other months, the water table is below a depth of 18 inches, and it recedes to a depth of more than 40 inches during extended dry periods. Hydrologic group is C for Fort Drum soils and B/D for Malabar soils. Chobee, Winder. and Gator soils, depressional (Map Unit #22) Landscape position - Depressions and marshes. Soil profile for Chobee soil - Surface layer to a depth of 4 to 18 Inches consists of black fine sandy loam. Subsurface layers to a depth of about 47 inches consist of sandy clay loam or fine sandy loam, The subsoil below these layers to a depth of 80 inches is dark greenish-gray and gray fine sandy loam, Soil profile for Winder soil - The surface layer to a depth of 3 to 6 inches is dark gray fine sand, The subsoil layers to a depth of 15 inches consist of light brownish gray fine sand. In the depth range of about 15 to 50 inches, subsoil layers consist of gray fine sandy loam transitionlng to dark gray sandy clay ioam, Below this to a depth of 80 inches is white fine sandy loam. Soil profile for Gator soil- The surface and subsurface layers to a depth of 16 to 51 inches consist of black muck. The subsoil horizons to a depth of 80 Inches or more consist of dark gray, greenish gray and light gray fine sandy loam. Drainage/Hydrologic characteristics - Very poorly drained. Permeability is slow or very slow. Seasonal high water table (apparent) is up to 2 feet above the surface for 6 months or more typically. Hydrologic group is D. This map unit is classified as a hydric soil by the NRCS. Holopaw fine sand (Map Unit #27) Landscape position - Sloughs and poorly defined drainageways. Soil profile - Typically, the surface iayer Is dark gray fine sand about 5 inches thick, The subsurface layer is dark grayish brown fine sand to a depth of about 52 Inches, The subsoil extends of a depth of about 62 inches and consists of fine sandy loam. Drainage/Hydrologic characteristics - Holopaw soils are very poorly drained. Permeability for Holopaw soils is moderate to moderately slow. The available water capacity is low, The seasonal high water tabie (apparent) Is within a depth of 12 inches for 3 to 6 months during most years. During the other months, the water table is below a depth of 12 inches, and it recedes to a depth of more than 40 inches during extended dry periods. During periods of high rainfall, the soil is covered by shallow, slow moving water for about 7 days. Hydrologic group is B/D, Agenda Item No. 170 November g, 2010 Page 282 of 373 hmnokalee Sand Mine E1S December, 2008 Rev: May, 2009 v. Proposed drainage plan Indicating basic flow patterns, outfall and off-site drainage. The conceptual site plan for the project is provided as Exhlb~ 6, This plan also illustrates proposed control structures, outfalls, lakes, and basic flow patterns on-site and off-site, It should be noted that Exhibit 6 shows the design proposal with a series of concentric rings representing excavation phases, The project will be excavated in a series of expanding_excavation that will allow agricultural operations to continue on those lands in later phases, Interim internal drainage and flow designs will allow for this ongoing agricultural production as well as more efficient excavation and material handling within the property boundaries. The interim internal drainage efforts will not alter the offslte drainage, outfall, or flow patterns. The final excavation will consist of the one large lake shown, vI. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. Exhibit 6 illustrates the conceptual site plan for the Immokalee Sand Mine project. No construction of public facilities is proposed as part of the project. The property will be accessed directly from State Road 82 using the access determined in coordination with County and State DOT and traffic officials. The proposed project includes constructing new turn lanes (west-bound right turn lane and east-bound left turn lane) on State Road 82. The Immokalee Sand Mine project will essentially be developed as a multi-phase project. Generally speaking, the mine operations office, processing and sorting plant, stockpile locations, and the tailings pond will be constructed first. Excavation of mine will then commence with the excavation phases expanding over time. The perimeter stormwater containment berms associated with the excavation will be constructed prior to excavation and expanded as each phase is undertaken, The proposed on-site mitigation activities will be initiated shortly after obtaining all necessary permits for the project. viI. Site plan showing preserves on-site, and how they align with preserves on adjoining and neighboring properties. Include on the plan locations of proposed and existing development, roads, and areas for stormwater retention, as shown on approved master plans for these sItes, as well as public owned conservation lands, conservation acquisition areas, major flowways and potential wildlife corridors. Exhibit 6 illustrates the conceptual site plan Including the required native vegetation preserve proposed on the Mine property. This exhibit also shows the proposed 500 to 600 foot wide wildlife corridor which may be established around the northem portion of the site, There are no preserves located adjacent to the project site, Citrus groves, row crop fieids, and pasture fields surround the property, A wide wildlife corridor Is proposed on the property to allow for the continued passage of wildlife across the site. Use of this corridor by local mammals and herps (reptiles and amphibians) is expected. The final details regarding this proposed corridor will be determined as part of the coordination with the wildlife agencies during the ERP permitting process. The on-site preserve's relationship to adjacent off. site habitats can be seen In Exhibits 2, and 7. The location of project lands in relationship to RLSA Overlays. Stewardship Areas, and conservation lands can be seen in Exhibit 10. Exhibit 11 shows the property in relationship to the County's Future Land Use Map. There is a single family residence Immediately adjacent to the property in the north east corner, as well as a small motel and several residential houses along SR 82 within a mile of the project but there are no known new developments proposed in the immediate project vicinity. viii. For properties in the RLSA or RFMU districts, a site plan showing the location of the site, and land use designations and overlays as identified in the Growth Management Plan, The project lands are all designated Agricultural/Rural they are completely contained within the boundaries of the Rural Lands Stewardship Area Overlay (RLSA) district. As can be seen In Exhibit 10, no areas classified as FSA, HSA, and WRA overlays are found in the general project vicinity. The Mine property Is predominantly classified as "open land" per the RLSA. Agenda Item No. 17D November g, 2010 Page 283 of 373 llllnloka)ee Sand Mine E1S December, 2008 Rev: May. 2009 I C. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION i. Provide an overall description of the "roject with respect to environmental and water management issues, CEMEX proposes to develop a new sand mine along with related production and sorting facilities on the 89B-acre Immokalee Sand Mine property, as illustrated in the conceptual site plan (see Exhibit 6), The area to be mined shown on Exhibit 6 is the "maximum excavation area". Mining will involve removal of any overburden using typical equipment such as bulldozers, front-end loaders, and dump trucks. Once the water table has been reached, other conventionai excavation equipment such as draglines and excavators will be brought In to start the sand extraction. As the depth of the pit increases, a hydraulic dredge will be used, This hydraulic dredge will be used for the vast majority of the sand extraction activities, The total depth of excavation will generally be to 100 feet below the existing grade or to the top of the confining layer whichever is of lesser depth. The project's excavation activities will comply with applicable portions of the County's Excavation Regulations (i.e. Chapter 22, Article IV, Code of Laws and Ordinances of Collier County, Florida - aka the County Code). Any haul roads built within the mining area wlli utilize crushed limestone. The roads will include the processing facilities proposed along the western side of the property where the excavated materials wiil be stockpiled and processed on-site. The majority of the sand mine will be excavated "in the wet" rather than dewatering an entire individual pit. However some dewatering activities may be necessary In order to efficiently excavate down to the mine target sand deposit. This excavation will be done in cells and the dewatering discharge will be maintained on site in above ground impoundments which now serve the agricultural uses. Once a cell is completed the future limited dewatering activities will discharge to the completed cell and the above ground impoundment if necessary. The vast majority of the mining will be accomplished by the utilization of the hydraulic dredge, The dredge allows for the material to be pumped to the central processing area where it can be sorted and graded. This also eliminates the need for all of the haul roads and on-site trucks and machinery that are common at rock quarries, The hydraulic dredge can be adjusted to reach differential depths and is the most efficient method of excavating deeper sand deposits. Limited blasting may be necessary as part of the mining operation, The soli borings indicate that the site does not contain a significant layer of rock. However, if small rock patches are encountered blasting may be necessary, Such blasting will occur only as needed and will be limited to no more than twice per week. The blasting will be conducted oniy in daylight hours and will comply with the County's blasting ordinance (Chapter 55 of the County Code). Depending on demand for the sand, the actual excavation (dredging) process may be conducted 24 hours per day, Modifications to this work schedule could result from discussions with FFWCC and FWS, The production schedule anticipates that between 40 and 50 acres will be mined per year, though this number will be greater initially then decrease as the sand is extracted at greater depths. Furthermore, market conditions and demand for sand will greatly affect the production schedule. The production scheduie listed above is a maximum production schedule. The central portion of the mine property will contain various sorting and processing facilities and an initial tailings/drainage pond. This area will include the settiing/taillngs ponds, the plant for processing the excavated materials, and stockpiles of the processed product (graded sand). The processing plant will operate roughly 12 to 16 hours per day, The processing plant will use water pumped up as part of the dredging operations along with the sand to transport and wash the mined materials, assist in the sorting, and to remove undesirable fines (silts and clays). At the start of operations, a well may be needed to supply some water to the plant but this consumptive use will cease once the quarry pits are capable yielding a sufficient volume of water. Water In this pond can be recircuiated to the processing plant as necessary, Paec 8 of30 Agenda Item No. 17D November 9, 2010 Page 284 of 373 hnmokalee Sand Mine E1S December. 200& Rev: May, 2009 One well tapping the surficial aquifer will be constructed to supply the limited amount of water necessary to meet potable water needs, An on site septic system will be built to handle sanitary sewage generated, As part of the project, a stormwater containment berm will be constructed around the outer perimeter of mining portions of the project (see Exhibit 6). The crest of this earthen berm, stabilized with grass, will be built to an elevation such that the berm will contain all storm events up to and including the 25-year event. An additional two feet of freeboard will be designed Into the containment berm system, Thus, all runoff from the mining area will be contained on-site and will either percolate through the soli or flow Into the pit. Once the mining has been completed, reclamation plans will include stormwater discharge to off-site wetlands via an outfall control structure on the eastern side of the lake only after the stormwater has received appropriate treatment and attenuation (1.e, treatment and attenuation that satisfies water quality and water quantity design standards specified in Sections 5.0 and 6.0 of SFWMD's Basis of Review). It is important to understand that the existing row crop farming activities will conJinue during much of the total lifespan of the Mine project. Crop fields will be retained in areas not being mined and will be gradually eliminated as the mining progresses across the property, The fields and agricultural drainage and Irrigation ditches associated with these fieids will be modified as necessary in advance of the mining to allow farming to continue In non-mined areas. The overall mining area will be reclaimed in accordance with reclamation requirements set forth in Chapter 62C-36, Florida Administrative Code (limestone reclamation requirements). Mine closure and reclamation will Include removal of the asphalt batch plant and aggregate processing plant. Reclamation of the overall Quarry property will be completed following completion of all the mining operations, This will be done in accordance with criteria set forth In the state's applicable mine reclamation standards (i.e. Chap. 62C- 36,OOB, FAC). The Mine property now mainly consists of actively managed row cmp fields and citrus grove. Only a couple of areas that may be classified as "native vegetation" remain in Isolated patches. None of these areas will be impacted by project development. However, the proposed project also includes establishment of an on- site Preserve area (see Exhibit 7) where 42% (5.6 Acres) of the existing native vegetation will be preserved, protected, and enhanced. The other 58% will be retained in the southwest corner of the project site but may be impacted at a later date by SR B2 roadwork and widening, Besides protecting native vegetation, the on- site preserve will also preserve the remaining natural wetland area on the sile and could support the proposed wildlife corridor that may be established along the northern portion of the property. This preserve will be established at the beginning of the Mine project. Five Isoiated and degraded wetlands, totaling 15.6 acres, currently remain on the mine property, The mining operation will eliminate two of these wetlands and partially Impact a third (1.4 acres) but any functional values lost as a result will be fully compensated through the proposed on-site mitigation program that is part of the project. Wetland enhancement, restoration, and creation activities coupled with enhancement of existing uplands will take place in the mitigation area. The proposed mitigation area is approximately 25.9 acres In size and will contain a total of approximately 20.5 acres of wetlands following completion of mitigation efforts. The increase in the wetland functional values realized by the mitigation program will more than offset the wetland functional values currently provided by the on-site wetlands to be impacted. The mitigation area will be contiguous with the proposed on-site preserve, In addition, approximately 10.2 acres will be retained in the southwest corner of the property, This area Includes an Isoiated 7.7 acre wetland that Is not being included In the preserve because Its position between the road and the mine and because of the unknown impacts that will be associated with any future improvements to State Road B2. The project is also proposing to retain a 500 to 600 foot wide buffer area at the northem end of the property that will serve as a wildlife corridor for continued wildlife utilization of the property, totaling 81.9 acres, This corridor mayor may not be accepted by the wildlife agencies and revisions to this area may be made based on coordination with these wildlife agencies (FFWCC and USFWS). Alligators currently reside within and/or utiilze some of the larger agricultural ditches and the small man- made ponds on the mine property. Various listed wading birds forage within the ditches and wetlands on the Pa2e 9 of 30 Agenda Item No. 170 November 9,2010 Page 285 of 373 Immokalee Sand Mine EIS December, 2008 Rev: May, 2009 mine property as well as along the banks of the ponds. Florida sandhill cranes and crested caracaras also occasionally forage in the property's pastures and crop fields, These listed species will be protected during project construction (see Attachment 2 in Appendix C). The enhancement and restoration program will greatly enhance the habitat value of wetlands in the preserve area, providing new areas In which listed wading birds can forage and possibly establishing an area suitable for crane nesting, The lake created through the mining process will establish far more aquatic habitat for use by listed wading birds and alligators than presently exists on the property, The large mining pit lake, when completed, will provide much greater water storage on the property than exists currently and thus will be a source of groundwater recharge for the general region. The water table In the lakes will reflect the existing regiona:l water tabie and so will not adversely affect natural hydroperiods or peak water table elevations in off-site wetiands. To the contrary, more water will be available to the wetlands through the surficial aquifer recharge effects of the lakes, The on-site stormwater management system proposed is designed so that some stormwater from the pit lake will discharge following appropriate water quaiity treatment and attenuation, The overall water balance for the project site should be improved since groundwater withdrawals for crop field irrigation will be phased out as the mining operation progresses. Currently, agricultural practices on the property include the use of throwout pumps to discharge water from the crop fields Into on-site uplands and wetland storage areas. This discharge seriously disrupts and adversely impacts the natural hydroperiod of affected wetlands and also lowers the water quality in the lands receiving water from the pumping. As mining progresses, the on-site farming activities including the use of throwout pumps will be eilminated. Surface water nutrient loadings generated by the existing farming operations can be substantial. When managed appropriately the impacts can be eliminated. However the ultimate elimination of the throw out pumps as proposed will certainly eliminate any potential for adverse impacls. The proposed project stormwater management system will capture and treat on-site stormwater runoff in accordance with SFWMDIFDEP stormwater treatment and attenuation design criteria. The stormwater treatment capacity of the lake will be sufficient enough to gain a state water quality certification, ii, Explain how the project is consistent with each of the Objectives and Policies in the Conservation and Coastal Management Element of the Growth Management Plan, where applicable. The following subsections address the proposed project's consistency with various goals, objectives, and policies found In the Conservation and Coastal Management Element (CCME) and the Future Land Use Element (FLUE) of the County's Growth Management Plan. COASTAL MANAGEMENT ELEMENT Policy 1.3.2 -..... The RLSA also contains policies to direct incompatible land uses away from FSAs, HSAs, and WRAs in order to protect wetlands, upland habitats, and listed species within the RLSA. The project lands are located entirely within the Rural Lands Stewardship Area (RLSA) overlay. All the proposed development activities will occur In areas designated as "open lands" In the RLSA and thus will not impact any areas identified as Flowway Stewardship Area (FSA), Habitat Stewardship Area (HSA), or Water Retention Area (WRA) overlays, GOAL 2: The County shall protect its surface and estuarine water resources, The proposed project will not impact any estuarine areas. Existing degraded wetlands and agricultural drainage ditches on the Mine property will be eliminated by project development activities, The wetland impacts will be satisfactorily mitigated through the project's proposed on-site mitigation program, The large lake created by the mining process will establish far more surface water area and desirable aquatic habitat than currently exist on the mine property. The lake will also serve to provide surface water storage that can help recharge the surficial aquifer in the general area. Plll!e 10 of30 Agenda Item No. 17D November 9,2010 Page 286 of 373 lmmokalee Sand Mine E1S DecembeT. 2008 Rev: May. 2009 Objective 2.2 ..AII canals, rivers, and flowways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Runoff from the project lands does not presently discharge directly Into any estuaries, nor will any discharges from the proposed project's stormwater management system discharge directly Into an estuary. The project's stormwater management system Is designed to comply with all applicable design standards and requirements set forth In SFWMD's Basis of Review (BOR), including but not limited to those addressing water quality criteria (BOR Section 5.0), water quantity criteria (BOR Section 6.0), and water management design and construction criteria (BOR Section 7.0), Adherence to these crl1eria will help ensure discharges from the stormwater management system to off-site lands meets applicable state and federal surface water quality standards, All runoff from developed areas will be contained on-site through use a perimeter stormwater containment berm, This runoff will flow into the project's lake for proper attenuation and treatment. During the construction and mining process, appropriate best management practices will be employed (0 control and reduce soli erosion, sediment transport, and turbidity. Policy 2,2,2 -Storm water systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water to the estuarine system. As discussed above, the project's stormwater management system has been designed such that discharges from the system to off-site lands. including wetlands, will not degrade water quality, The project's stormwater design will comply with requirements set forth in the SFWMD BOR. The control elevation established will not adversely impact the hydroperiod of any off-site wetlands. The large lake will properly attenuate peak flows during storm events, Polley 2,2.3 -Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical controls in both the canal system and stormwater detent/on ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed, The applicant will attempt to use appropriate biological and mechanical control methods to eradicate and suppress the spread of aquatic weeds in the project's lakes, It is likely chemical spraying will still be necessary to adequately control aquatic weeds in some instances. Any such spraying will be conducted by or under the direct supervision of a duly licensed pesticide applicator in accordance with EPA guidelines and the chemical manufacturer's labeling instructions. GOAL 3: The County shall protect the County's ground water resources to ensure the highest water quality practicable, Due to the proposed method of excavation (hydraulic dredging), groundwater resources should not be affected by this project. The project site is not located in an area where mine excavation activl1ies might pose the threat of potential saltwater intrusion. Most of the Mine property is currently used to produce citrus and row crops and as such requires irrigation. The supplemental Irrigation is supplied by groundwater resources via wells, The proposed project will not require consumption of as great a volume of water as that demanded by the existing crop fields, therefore utilization of groundwater resources will be reduced. The current agricultural practices also result In significant loadings of nutrients and certain pesticides. These loadings will be substantially reduced by the proposed project, thereby improving water quality in the surficial aquifer. Agenda Item No. 17D November 9, 2010 Page 2B7 of 373 Illllllokaler Sand Mine EJS December. 2008 Rev: May, 2009 GOAL 4: The County shall conserve, protect and appropriately manage the County's fresh water resources, The proposed project will have no net negative effect on the County's fresh water resources. Indications are that the overall water budget for the Mine property will be improved by development ofthe project, largely through the elimination of agricultural ground water usage, The large lake created through the mining operation will provide much greater storage of fresh water than exists today. Although a limited extent of existing wetlands will be Impacted by project development, there will be no net loss of wetland functions as a result of the proposed on-site mitigation program. The project lakes will more than compensate for the loss of the'existing water storage volume provided In the wetlands to be impacted. GOAL 5: The County shall protect, conserve and appropriately use its mineral and soil resources, The proposed project constitutes a direct and appropriate use of the County's soil and mineral resources. The mining operation will genarate fill and graded, high quality sand materials which are in short supply in the region, The mining operation will help supply the raw materials necessary to satisfy the County's infrastructure demands. Objective 5,1 --Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection, The project involves the extraction and use of mineral resources. All project activities and operations will comply with applicable industry and government standards/requirements pertaining to health, safety, and environmental protection, CEMEX places great Importance on maintaining a safe work environment and demands that its contractors follow this philosophy, including adherence to applicable OSHA requirements. The project design will help ensure the environment is protected to the greatest degree practicable, Details of the measures necessary to adequately protect the environment will be further refined and developed during the permitting stage of the project Policy 5,1,3 -Mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances, The proposed mining operations will comply with applicable standards and criteria set forth in the cited ordinances, The applicant will apply for and obtain the necessary County permits required by these ordinances. Objective 5.2 --Continue to reclaim the total disturbed area of extraction sites in order to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting from mineral extract/on activities. The proposed mine will be reclaimed In accordance with requirements set forth in Chapter 62C-36, Florida Administrative Code (FAC). The Florida Department of Environmental Protection (FDEP) requires a mina reclamation plan to be submitted to FDEP for their review and approval prior to the initiation of mining activities, FDEP will review the proposed reclamation plan concurrently with their review of the project's Environmental Resource Permit application. Mine reclamation will be conducted in accordance with specific requirements FDEP places on the reclamation plan. GOAL 5: The County shall identify, protect, conserve and appropriately use its native vegetative communities and wildlife habitat. Virtually all of the Mine property has been converted to agricultural uses. The few areas that bear any resemblance to former natural communities have also been significantly disturbed and degraded, Development of the proposed project will impact isolated areas that can be classified as "native vegetation" but will also preserve the majority of native vegetation that remains on the project site. This preserve area P""pl')"f;.f) Agenda Item No. 17D November 9,2010 Page 288 of 373 lmmoklllee Sand Mine EIS December.20D8 Rev: May. 2009 will be enhanced via eradication of invasive exotics and supplemental planting of native species, thereby improving its wildlife habitat value, Various animal species frequent the Mine property, mainly to forage in ditches, fields, and some on-site wetlands. Project development will eliminate most of the man-made habitats and some of the remaining natural habitat currently utilized by these species, However, the future lakes created by the project will provide new habitats for many of the species, The on-site mitigation program proposed will' substantially improve the habitat values of wetlands and uplands present on the Mine property. Policy 6.1.3 --For the County's RLSA Overlay,.,native vegetation shall be preserved pursuant to the RLSA policies found-In the Future Land Use Element. The proposed project preserves existing native vegetation on the Mine property in accordance with the minimum standards specifiedjn Policy 5.5.2.a.lil of the RLSA Overlay portion of the FLUE. This policy requires at least 40% of the existing native vegetation to be retained, The proposed on-site preserve will protect and preserve 42% (5.6 acres) of the existing native vegetation areas currently present on the Mine property. An additional 14.3 acres within this preserve currently do not classify as native vegetation. These areas will be enhanced/restored (via eradication of exotics, regrading, and planting of native species) such that they will also classify as native vegetation following completion of the proposed enhancement/restoration activities, In addition, approximately 7.7 acres of native wet prairie at the southern edge of the property will also be retained, This area was not Included in the native habitat preserve due to the isolation that will occur between the mine and the road and because of unknown Impacts that will likely occur to this area when improvement are done to State Road 82. Policy 6.1,4 ..Prohibited invasive exotic vegetation shall be removed from all new developments, Prbhibited exotic vegetation will be eradicated from Mine property areas to be developed in accordance with LDC Section 3,05,08, Specifics of the eradication/removal program and exotic vegetation maintenance plan will be addressed at the time of Site Development Plan approval for the project. Both Category 1 and 2 invasive exotics identified in the Florida Exotic Pest Piant Council's (EPPC) "List of Invasive Species" will be eradicated and controlled in the proposed on-site preserve, in general accordance with LDC Section 3.05.07,H.1.g.i1, Policy 6,1,7 (4) -Stormwater management systems within the RLSA Overlay shall be designed pursuant to the RLSA policies found in the Future Land Use Element, The project's stormwater management system has been designed to comply with applicable RLSA policies, Following completion of the mine pit lake, some shoreline will likely be planted with a variety of native littoral zone species in accordance with the applicable design specifications set forth in the reclamation requirements specified in Chapter 62C-36, FAG, Specifics of the treatment of pit lake shorelines will be determined during the Environmental Resource Permit application process since FDEP will review the mine plan/reclamation plan concurrently with the project's ERP application, Policy 6,1.8 -An Environmental Impact Statement is required... This document constitutes the Environmenlallmpact Statement for the proposed project. Objective 6.2 - The County shall protect and conserve wetlands and the natural functions of wetlands.... AND Policy 6,2.8 ..For the County's RLSA Overlay,..wetlands shall be preserved pursuant to the RLSA Overlay policies found in the Future Land Use Element. These issues are discussed in the sections below dealing with RLSA Overlay policies 5.6 and 5.6.3.(a), (b), (e), and (I), Although the proposed project will impact the degraded wetlands on the Mine property, these impacts will be fully mitigated such that there is no net loss of wetland functions. The project's stormwater management system will not adversely affect natural seasonal high water elevations or natural hydroperiods of on- or off-site wetlands. P:wp 1':1. ,.,f'l,O Agenda Item No 170 November 9, 2010 Page 289 of 373 lmmokalce Sand Mine ElS December. 2008 Rev: May. 2009 Polley 6,2,1 ....,wet/ands identified by the 1994-95 SFWMD land use and land cover inventory are mapped on the Future Land Use Map series, These areas shall be verified by a jurisdictional field delineation, subject to Polley 6.2,2 of this element, at the time of project permitting to determine the exact location of jurisdictional wetland boundaries. The limits (boundaries) of existing wetlands present on the project lands were delineated in the field by qualified Turrell, Hall & Associates, Inc, ecologists using the appropriate wetland delineation methodologies (see EIS Section E,i), Following completion of this jurisdictional field delineation, the wetland fiag locations used to delineate the wetland boundaries were survey-located by RWA, Inc. As delineated, there are 5 isolated wetlands, 3 other surface waters (man-made ponds), and several ditches present on the Mine property. The wetiands encompass a total of approximately 15.6 acres while the OSW ponds and ditches encompass 2.6 acres and 30.1 acres respectively. FDEP will be the agency responsible for processing the Mine project's ERP application. FDEP will "verify" the wetland limits delineated by Turrell, Hall & Associates, Inc, during the ERP review process, Any minor revisions to the wetland limits required by FDEP will be reflected in materials submitted to the County as part of this project's SDP approval application. It is nol anticipated that any substantive changes to the wetland limits depicted in the EIS exhibits will be necessary. GOAL 7: The County shall protect and conserve its fisheries and wildlife. There are no areas on or immediately adjacent to the project iands that can be classified as fisheries, hence no fisheries will be affected by the proposed project. As previously discussed, the existing Mine property contains limited habitat for wildlife. The large freshwater lake that will be created through the mining process will provide habitat for an array of species Including fish, wading birds, alligators, turtles, amphibians, certain raptors, and macroinvertebrates. The quality of upland and wetland habitats currently present in the proposed onsite preserve will be substantially improved as part of the project, thereby improving their value to wildlife. The proposed project is not iocated within the Conservation Designation on the Future Land Use Map, the Big Cypress Area of Critical State Concern, the Natural Resources Protection Area, or designated Sending Lands, Measures to protect listed species that have been documented on the Mine property have been included In this EIS. Objective 7,1 -The County shall direct incompatible land uses away from listed animal species and their habitats. AND Polley 7,1,1(5) .-Incompatible land uses are directed away from listed species and their habitats .... (listed animal and plant species and their habitats shall also be protected) through establishment of Habitat Stewardship Areas (HSAs) within the RLSA Overlay, The above objective and policy indicates that incompatible land uses in the RLSA Overlay are automatically directed away from listed animal and plant species through the establishment and protection of HSAs. All the proposed development activities will occur In areas that are designated as "other iands" in the RLSA Overlay. Indications are that no listed animal species actually reside or nest on the Mine property other than alligators. Policy 7,1.3 .-For the County's Rura/ Lands Stewardship Area (RLSA) Overlay, as designated on the FLUM, listed species shalf be protected pursuant to RLSA policies found in the Future Land Use Element. This EIS includes a plan for protecting listed species during project construction/mining activities (see Appendix C, Attachment 2). This plan addresses the few listed species (wading birds, alligators, sandhill cranes, alligator snapping turtle, caracaras) documented on the project site as well as some additional listed wading birds that may utilize the property for nesting, and/or foraging. No HSAs will be adversely impacted by the proposed project Instead, the projecl preserves, protects, and improves certain HSAs, Paue 14000 Agenda Item No. 170 November 9,2010 Page 290 of 373 lmmokalee Sand Mine EJS December, 2008 Rev: May, 2009 Policy 7,1,4 --All development shall comply with applicable federal and state permitting requirements regarding listed species protection. Development of the proposed project will require an Environmental Resource Permit (ERP) from FOEP and a Section 404 permit from the US Army Corps of Engineers (USACE), Coordination with the Florida Fish and Wildlife Conservation Service (FWC) concerning state listed species will occur during the ERP permitting process while coordination with the US Fish and Wildlife Service (FWS) concerning federal listed species will occur during the USACE permitting process, The applicant will comply with the specific listed species protection and habitat management requirements required by the ERP and USACE permits, including any FWS take permit requirements if applicable, GOAL 11: The County shall provide for the protection, preservation, and sensitive re.use of historic resources. The entire site has been in agricultural operations for decades (see Exhibit 8 Historical Aerials), Any historical sites will have been severely Impacted by the past activities. The State Division of Historical Resources has been contacted and stated that there are no known significant cultural resources on the property (Appendix C, Attachment 3), If, during the course of site development and mining activities, an archaeological or historical artifact, or other indicator is discovered, development/mining activities at that specific site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action. FUTURE LAND USE ELEMENT (VII) D, RURAL LANDS STEWARDSHIP AREA OVERLA Y Policy 5,3,1 -To protect water quality and quantity and maintenance of the natural water regime and to protect listed animal and plant species and their habitats In areas mapped as FSAs, HSAs, and WRAs on the Overlay Map.. ..Site clearing and alteration shall be limited to 20% of the property and nonpermeable surfaces shall not exceed 50% of such area. Project development will not impact any FSAs, HSAs, or WRAs. Policy 5,5.1- A wildlife survey shall be required.... A thorough survey for listed plant and animal species as well as for other wildlife was conducted on the project lands by Turrell, Hall & Associates, Inc, This survey is discussed in Appendix B. The listed species observed by Turrell, Hall & Associates, lnc, on the project lands included wading birds (little blue heron, snowy egret, tricolored heron, wood stork), alligators, crested caracara, and Florida sandhill cranes, A specific-purpose survey for crested caracaras and their nests will need to be performed during the proper survey season (January through March). Policy 5,5,2 - Wildlife habitat management plans for listed species shall be submitted for County approval, Appendix C contains protection (management) plans for the listed species observed on project lands by Turrell, Hall & Associates, Inc. as well as for some other listed wading birds that may occasionally forage on these lands, Should the FWS determine that management plans are needed for other listed species such as Florida panther or crested caracara, such plans will be developed during the USACE permitting process and provided to the County during the SDP approval process for the project. Policy 5.5,2,a,iii, -.When listed species are directly observed on site or Indicated by evldence..,a minimum of 40% of native vegetation shall be retained, with the exception of clearing for Paee 15 of30 Agenda Item No. 17D November 9, 2010 Page 291 of 373 Immokalee Sand Mine E1S December, 2008 Rev: May, 2009 agricultural purposes, The proposed on-site preserve will protect and retain 42% of the total acreage of native vegetation communities currently on the Mine property, Only 1~.3 acres of the Mine property can presently be classified as native vegetation, The 25.9-acre on-site preserve will preserve 5,6 acres of this existing native vegetation, The on-site preserve also encompasses area that does not currently classify as native vegetation. Through "the eradication of invasive exotic species and the suppiemental planting of native species in these areas, they will also be restored to native vegetation communities, The existing native vegetation areas will also be enhanced through the eradication of invasive exotics, Policy 5.5,2,g. --For projects located in Priority 1 or Priority 1/ Panther Habitat areas; the- management plan shall discourage the destruction of undisturbed, native habitats that are preferred (e,g, pine "atwoods and hardwood hammocks) by the Florida panther by directing intensive fand uses to currently disturbed areas. The proposed project is located on lands classified as Secondary Zone panther habitat conservation area. There are really no undisturbed native habitats remaining on the Mine property and the habitats present have low panther habitat value according to the FWS. For example, the panther habitat conservation areas that will be impacted by the Mine project have an average Panther Habitat Suitability Value score of 4.0 whereas the highest potential suitability value is 10.0. No panthers have been documented on project lands although a few have been documented In native habitats near the site. Project development will not impact any 'preferred" panther habitats and will occur in currently disturbed areas. A specific management plan for Florida panthers has not been Included in this EIS as this would be premature. it Is likely FWS will require a Section 7 consultation for the project during the USACE permitting process: primarily to address mitigation of the project's impacts to Primary and Secondary Zone lands. Any necessary panther "management" activities will be determined during the consultation process. Shouid FWS require specific management activities in addition to mitigation of habitat impacts, a ma~agement plan will be generated in accordance with FWS's requirements and will be provided to the County at the time of Site Development Plan review and approval for the project. Policy 5,5,2.h --The Management Plans shall contain a monitoring program for developments greater than 10 acres. Should the County determine that a "monitoring program" is needed for a particular listed species, the applicant's agents will coordinate with County staff regarding the development of an appropriate program and the program will be submitted during the project's SDP approval process. In the case of the Mine proJect, it does not seem that a monitoring program, as this term is commonly employed, will be necessary as regards the proposed listed species protection/managemenUprotection plan, The management plan does not include activities such as preserving/restoring/creating habitats to support listed species, managing habitats specifically for purposes of supporting listed species, or relocating listed species, The currently proposed management plan Is simply a mechanism for helping protect listed species during project construction. Hence, any required "monitoring program" may really be more of a reporting program whereby results of the various protection activities are reported to the County on a regular basis (perhaps annually) during the construction/development stages of the project. Policy 5,6 .-....County shall direct non-agricultural land uses away from high functioning wetlands by limiting direct impacts within wetlands. AND Policy 5.6,3,a --FSAs, HSAs, and WRAs, as provided in Policy 5,3, and the ACSC have stringent site clearing and alteration limitations.... Other wetlands within the RLSA are isolated or seasonal wetlands, These wetlands will be protected based upon the wetland functionality assessment described below, and the final permitting requirements of SFWMD, The County shall apply the vegetation retention, open space, and site preservation requirements specified within this Overlay to preserve an appropriate amount of native vegetation on site, Wettands shall be preserved as part of this vegetation requirement according to the Pall!: 16 of 30 Agenda Item No. 17D November 9,2010 Page 292 of 373 lmmokalee Sand Mint tlS December, 2008 Rev: May, 2009 following criteria.... The proposed project will impact a total of 1.4 acres of isolated, degraded wetlands on the Mine property, None of the affected wetlands are located In an FSA, HSA, or WRA and the project is not iocated within the ACSC, The boundaries of the proposed project originally encompassed more wetlands thaI would have been Impacted, but these boundaries have since been adjusted to reduce impacts to the acreage now proposed, None of the wetlands to be impacted has a UMAM score of 0.7 or greater. Their current UMAM functional scores range from 0.27 to 0.43, None of these wetlands serve as corridors for listed species movement and they are not part of larger wetland ftowways (all are Isolated), The affected wetlands are not really utilized by any listed wading birds to a significant degree and certainly do not represent critical habitats for any listed species. The proposed stormwater management system for the project is designed in accordance with Sections 4,2.2.4,6.11, and 6,12 of SFWMD's BOR, and thus will not creat~water table drawdowns In off- site wetlands or otherwise degrade the natural hydroperiod of off-site wetlands, Pursuant to Policy 5,6,3.a.lIl, the proposed project utilizes preservation of both wetland and upland vegetative communities (those retained and restored in the on-site preserve) to meet the vegetative, open space and site preservation requirements of the RLSA Overiay since the wetland functional assessment score for all the on-site wetlands to be impacted is less than 0,65, Preservation of the on-site wetlands would not result in preserves that could be linked to off-site natural habitats and wildlife corridors without restoring large areas that are presently crop fields. Policy 5,6.3,b, - .., Applicants shall rate functionality ofwettands..... A UMAM assessment summary for the wetiands to be impacted is included in this EIS In Table 8. Policy 5,6,3.e, .. The County shall separate preselVed wetlands from other land uses with appropriate buffering requirements.... The wetlands retained and preserved on the mine prop€rty will be appropriately buffered from the development activities, These buffers or setbacks are at least 25 feet wide (distance from limits of construction/development to wetland limits) which Is appropriate according to County and state requirements, Policy 5,6,3,f. -Mitigation shall be required for direct Impacts to wetlands in order to result In no net loss of wetland functions, An on-site mitigation program is proposed to compensate for the project's wetland impacts. The mitigation program will take place In the areas designated as on-site mitigation areas that total about 20.3 acres and an additional 5.6 acres of which are existing wetlands, Wetland enhancement, restoration, and creation activities as well as upland enhancement activities in the mitigation areas will expand the extent of wetlands to approximately 20,5 acres and will substantially improve the wetland functional values, The UMAM assessment performed for the project Indicates the increase in wetland functions resulting from the on-site mitigation program will exceed the wetland functions lost through the project's wetland impacts. Hence, the project will result in no net loss of wetland functions. Instead, there will be a net gain in wetland functions derived from mitigation, The construction and reclamation of the project's mine lake will also create more aquatic habitat than exists on the Mine property today. Mhough not part of the proposed mitigation program, this aspect of the project will further help compensate for the limited project wetland impacts. Patte ]7 of30 Agenda Item No. 17D November 9, 2010 Page 293 of 373 Immokalee Sand Mine E1S . December, 2008 Rev: May, 2009 I D. NATIVE VEGETATION PRESERVATION I. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species) vegetation composition (canopy, mid story and ground cover) and vegetation dominance (dominant, common and occasional). The existing habitat types (FLUCFCS map units/categories) are shown in Exhibits 2 and 3 and are described in Appendix B. The description below lists each of the existing maior FLUCFCS categories and their extent as mapped on the Mine property while Appendix B contains a table listing all the unique FLUCFCS map units present on the Mine property and their extent. Of the tolal 897.90 acres contained within the mine property boundary, 94,7% ciasslfy as uplands (849.6 ac.), 3.6% classify as other surface waters (32.7 ac,: ponds and drainage ditches), and 1,7% ciassify as weliands (15.6 ac.). The majority of the property (55%) consists of citrus grove while another 31% is actively farmed row crop fields. ii. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapters 3 and 10 of the Land Development Code, Provide an exhibit illustrating such, Include calculations identifying the acreage for preservation and impact, per FLUCFCS category, There are currently a total of 13.3 acres of habitats (i.e. vegetation associations or FLUCFCS categories) on the Mine property that may be classified as native vegetation. These areas, occupying less than 1.5% of the total property, are illustrated in Exhibit 3. Appendix A Table 2 lists each of the existing native vegetation FLUCFCS mapping units and the extent of each habitat type. The proposed project will Impact none of the existing native vegetation areas on the Mine property. The wetland areas that will be impacted are shown in Exhibit 7 while Appendix A Table 4 provides a listing of the total extent of the proposed Impacts to the wetlands. The project includes establishment of a single on-site preserve (the "Preserve" or "native vegetation preserve") adjacent to the eastern and northeastern mine property boundary, This preserve will encompass a total of approximately 25.9 acres and is proposed as the location where existing on-site native vegetation will be preserved, The Preserve is shown in Exhibits 6, 7, and 9. Exhibit 7 also Illustrates the existing native vegetation habitats (FLUCFCS mapping units) that will be preserved on the Mine property within the native vegetation preserve. Table 5 lists the existing habitat types, for both native and non-native vegetation, contained within the boundaries of the proposed Preserve along with the total extent of each preserved habitat (FLUCFCS) type, Native vegetation preservation requirements applicable to the Mine property are addressed in Policy 6.1.3 of the Conservation and Coastal Management Element (CCME) of the County's Growth Management Plan (GMP) and In Policy 5.5.2.a.iii of Section D, the Rural Lands Stewardship Area Overlay or RLSA, of the Future Land Use Element (FLUE) of the GMP. These requirements are echoed in Section 4.0B.05.J.2 of the County's Land Development Code (LDC), which Indicates that If listed species are observed on the project sile then a minimum of 40% of the native vegetation on site must be retained. The proposed on-site Preserve will preserve and protect a total of 5.6 acres of the existing vegetation present on the Mine property. This equates to preservation of 42% of the total existing native vegetation on-site. In addition, approximately 7.7 acres (58%) of native habitat will be retained in the southwest corner of the property, This area was not included in the preserve calculations due to potential future impacts associated with the isolation of this area between the mine and the road and unknown future impacts that could be associated with any improvements to State Road 82. Page IS oDO Agenda Item No. 17D November 9,2010 Page 294 of 373 lmmokalee Sand Mine EJS December, 2008 Rev: Ma)', 2009 The on-site Preserve will be protected by placing it in an appropriate conservation easement pursuant to LDC 3.05.07,H,1.d (Le. in a conservation easement dedicated to the County). The on site preserve will be protected by placing it in an appropriate conservation easement dedicated to Collier County. The Conservation Easement for the on-site preserve will be submitted for review and approved by County Staff prior to Excavation Permit issuance, Both Category 1 and 2 Invasive exotics identified in the Fiorida Exotic Pest Plant Council's (EPPC) "List of Invasive Species" will be eradicated and controlled throughout the Preserve, In accordance vJith LDC 3,05,07.H,1,g,Ii, Following completion of the initial exotic eradication efforts, native trees, shrubs, and ground cover species as appropriate will be planted as necessary within the Preserve areas that do not presently constitute native vegetation habitats to restore these areas to native forests, Supplemental plantlngs will be conducted In general accordance with LDC 3,05,07.H.1.f. Through the restoration of current non-native vegetation areas, the entire 25,9-ecre Preserve wili be comprised of native vegetation associations, The post-restoration/enhancement communities are anticipated to be a mixture of FLUCFCS 428 (palm hammock), FLUCFCS 618 (willow), FLUCFCS 641 (freshwater marsh) and FLUCFCS 643 (wetland prairie), iii. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are In compliance with the 25 year rezone limitation in Policy 6,1,5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 3 and 10 of the Land Development Code, For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code, CCME Policy 6,1.5 addresses agricultural exemption from native vegetation preservation requirements set forth in CCME Policies 6.1.1 and 6.1.2. CCME Polley 6.1.1 is only applicable to lands In the Urban Designated Area, Estates Designated Area, Conservation Designated Area, Agricultur~IIRurai Mixed Use District, Rural-Industrial District, and Rural-Settlement Area District. CCME Policy 6.1.2 Is only applicable to lands In the Rural Fringe Mixed Use District. The proposed project is located entireiy within the RLSA Overlay. Because of this, CCME Policy 6,1.5 is not applicable to the proposed project, as further confirmed within the policy itself which states that agricultural clearing within the RLSA is aliowed and is guided by the RLSA Policies found In the FLUE, As discussed in the preceding section, the project satisfies the applicable native vegetation preservation requirements set forth in the FLUE. A review of historic aerial photographs for the region Indicated that by 1973, agricultural clearing and development had encompassed the entire area currently under consideration (Exhibit 8). Sometime after 1973, the row crop field area previously occupying the western half of the site was converted to citrus trees. iv, Have preserves or acreage requirements for preservation previously been identified for the site during previous development order approvals? If so, identify the location and acreage of these preserves, and provide an explanation if they are different from what is proposed, It is our understanding that there have been no previous development orders approved for any portion of the project lands, No development orders that might set forth preservation requirements applicable to the project lands appear to have been Issued. v, For properties with Special Treatment "ST" overlays, show the ST overlay on the development plan and provided an ellplanation as to why these areas are being impacted or preserved, Not applicable. There are no Special Treatment overlays on the projecllands or in the immediate vicinity of these lands. I)~..n 10 ~l'''!ll Agenda Item No. 17D November g, 2010 Page 295 of 373 Immoklllee Sand Mine EIS December, 2008 Rev: May, 2009 the wetland consist of areas of dense Brazilian pepper, while the interior is a scrub/shrub community dominated by an admixture of shrubby species such as primrose willow, Brazilian pepper, Carolina willow and wax myrtle, The entire wetland can be inundated for significant periods when the water table in the surrounding fields is allowed to remain high. Similar to wetland W-1, this wetland's hydroperiod is controlled by the management of water levels in the adjacent row crop fields and ditches, Wetland W-3 (5,6 acres; in east central portion of the property) This wetland Is completely surrounded by agricultural berms, disturbed lands, and drainage ditches, Indications are that the central portion of the wetland, an area dominated by willows, was historically a wetland but that the surrounding portions to the north and east were once uplands. Today, these. outer portions of the wetiand consist of areas of dense Brazilian pepper, and a scrub/shrub community composed of various shrubby species such as primrose willows and Brazilian pepper, The entire wetland can be inundated for significant periods when the water table In the surrounding fields is allowed to remain high. This wetland is also entirely man-made. It was created from historic upland areas when the large berms that surround the wetland were constructed along with the agricultural drainage ditches and row crop fields beyond these berms, The ciosed depression formed during the process became a wetland that is now completely dominated by dense Brazilian pepper. This small wetland's hydroperiod is completely dictated by the active manipulation of water levels in the adjacent drainage ditches and row crop fields. Wetlands W-4 and W.5 (1.1 acres; in the northeastern portion of the property) These two wetlands are entirely man-made. They were created from historic upland areas when the area was used as cattle pasture, The depression areas appear to have originally been dug as watering holes that were later incorporated into the water retention area for the fields. Two throw-out pumps are currently located where they pump water into this area as needed and these two areas become inundated when these pumps are in use. These small wetland hydroperiods are completely dictated by the active manipulation of water levels in the adjacent drainage ditches a nd row crop fields. ii, Determine seasonal and historic high water levels utilizing lichen lines or other biological indicators, Indicate how the project design improves/affects predevelopment hydroperiods. Provide a narrative addressing the anticipated control elevation(s) for the site, Ecologists attempted to estimate the existing seasonal high water table (SHWT) elevation in each of the wetlands on the Mine property. Because of the drought conditions experienced during 2007 and the high rainfall amounts experienced during July and August of 2008, estimation of SHWT was difficult. The types of wetlands present and the heavy hydrological manipulation associated with the agricultural operations resulted in few reliable Indicators that could be used. The physical and biological indicators used in the determination included water stains, drift lines, tussocks, adventitious rooting, buttressed tree trunks, lichen lines, etc, The estimated SHWT elevations determined appear to be split between the northeastern portion of the property and the majority (remainder) of the site. Wetlands W-1 and W-2 SHWT appeared to be about 36.0 to 36.5 feet NGVD (34.8 to 35.3 NAVD) whiie wetlands W.3, W-4, and W-5 appear to have a SHWT ranging from 34 feet to 35 feet NGVD (32.8 to 33.8 NAVD), Former historic SHWT elevations were essentially impossible to gage in the wetlands present on project lands. The hydroperiods in these wetlands has been altered by farming activities for so long that signs of the historic high water levels have vanished or are so faint and/or variable that they could not be estimated with sufficient certainty. One must remember that the existing SHWT elevations determined for wetlands on the Mine property do not necessarily reflect a "natural" hydroperlod. The water ievels in these wetlands are governed by how the area water table is regulated in the surrounding agricultural fields. Pa!-le 2] of30 Agenda Item No. 17D November 9,2010 Page 296 of 373 Immokalee Sand Mine EIS December. 2008 Re,'; May, 2009 Based on these data and best scientific judgment, the controi elevation for the Mine project's on-site stormwater management system was designed to be 35.5 feet NAVD 88, This elevation was considered to mimic the area's SHWT In a manner quite similar to current conditions, to reflect current SHWT elevations allowed to occur In the Mine property's row crop fields (based on various on-site indicators in addition to the wetland estimates), and to be sufficiently high that it certainly would not result in any lowering of the average high water levels that naturally occur in preserved on-site and nearby off-site wetiands, It is emphasized, however, that the currently anticipated control elevation of 35,5 feet may be adjusted somewhat during the final design process and/or during the ERP permitting process. The proposed control elevation for the project lake will be such that the on-site stormwater management system will not adversely impact natural hydropenods in-preserved and off-site wetlands, Final design of the on-site lakes and control structures will comply with the lake-wetland separation standards set forth in Section 6.12 of SFWMD's Environmental Resource Permit Basis of Review (BOR). This will ensure that the hydraulic gradient between on-site lakes and off-site wetlands will not lower the natural seasonal high water elevations that occur in the off-site wetlands. The project's stormwater management system design will also comply with the requirements of Section 4,2,2.4 of SFWMD's BOR. This will ensure that the quantity of water that outfalls (discharges) Into any off-site wetlands will not over-inundate the adjacent lands. Construction of the proposed mine will gradually phase out the agricultural throwout pumps, These pumps discharge large quantities of water from on-site row crop fields into ditches which eventually flow off-site, The stormwater outfall from the proposed mine pit has been designed and located to appropriately discharge water off site. Following significant rainfall events during the wet season, water levels in the mine pit lakes will stage above the control elevation and flow into the preserve wetland as well as into the existing drainage ditch which runs along the eastern side of the project boundary. The timing of water discharges from the proposed on-site lakes to off-site wetlands will more closely mimic natural upland runoff inputs compared to current agricultural pumping, For example, the greatest discharges from pumping typically occur shortiy after or at the end of the wet season when fields are made ready for planting by de-watering the fields, Flows from the proposed lake will discharge more periodically during the course of the wet season. iil. Indicate the proposed percent of defined wetlands to be Impacted and the effects of proposed impacts on the functions of these wetlands. Provide an exhibit showing the location of wetlands to be Impacted and those to be preserved on-site, Describe how impacts to wetlands have been minimized, Development of the proposed Mine project will impact two of the existing wetlands on the Mine property; hence three wetland areas will be preserved or retained on-site. The completely Impacted wetlands are W-2 and W-4 which total about 1.2 acres and an additional 0.2 acres of W-5 will be impacted as part of the mitigation activities. Exhibit 7 illustrates the wetlands that will be impacted, Appendix A Table 4 provides the existing habitat types (FLUCFCS map units) occurring in the wetlands to be impacted, The proposed mitigation program for the Mine project will include preservation and enhancement of 5.6 acres of existing wetlands within the Mine boundaries, This program also includes restoring/creating an additional 14 to 15 acres of wetlands in the mitigation area that presently do not exist. Another 8.6 acres of wetlands will be retained on the property, 0,9 acres within the proposed wildlife corridor and 7.7 acres that will not be directly impacted as part of this project but could be impacted later as part of State Road 82 Improvements, While this acreage is being retained, it is not incorporated into the mitigation or preservation programs, Thus, following compietion of mitigation, a total of approximately 20.5 acres of wetlands will be preserved in the preserve area and another B,6 acres will be retained on the property, The proposed mitigation program Is further discussed in Section E.iv below, Initially, the boundary of the area to be mined covered a greater area than Is now proposed in order to maximize sand production. The mine access had also been situated where it would have impacted W-1 in the southwest corner of the site, The original pian would have resulted in impacting this additional 7.7 acres Plllle 22 of 30 .I\genda Item No. 17D November 9, 2010 Page 297 of 373 lmmokalee Sand Mine E1S December, 2008 Rev: May, 2009 of wetland. Subsequent Iterations of the mine plan were made that allowed the project to avoid and minimize wetland impacts, This was accomplished mainly by revising the access proposed for the project. The current haul road skirts the southern wetland Instead of passing right through it. Given the uncertainty with the possible expansion of SR 82, It is unknown whether or not this wetland will be impacted in the future so it was left out of the proposed preservation and mitigation plans. There was no sensible plan that allowed for the preservation of the one natural wetland area (W-2) that is being impacted. Note that where the future lake will be located, the distance between the edge of the lake and the outer boundaries preserve wetlands will be' a minimum of 25 feet. Since major heul roads are not needed due to the hydraulic dredging, only a small access road and the perimeter stormwater containment berm will lie between the plUlake boundary and the wetland setback line, During the construction and mining process, appropriate construction best management practices will be employed to help protect water quality and minimize the discharge of sediments andlor turbid water from the project site. The specific erosion/sedlmenUturbidlty control methods and devices used will generally conform to applicable standards and criteria set forth in the "FDER Florida Development Manuai," Sections 6-301 through 6-500 (FDER. 1988. "The Florida Development Manual: A Guide to Sound Land and Water Management,' Chapter 6: "Storm Water and Erosion Control Best Management Practices for Developing Areas; Guidelines for Using Erosion and Sediment Control Practices,' ES BMP 1.01-1,67. FDER, Tallahassee, FL.). iv, Indicate how the project design compensates for wetland Impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sttes in the RFMU district, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection, For sites outside the RFMU district, and where higher quality wetlands are being retained on-site, provide justification based on the Uniform Mitigation Assessment Method, The proposed wetland impacts will be compensated by conducting mitigation activities in the on-site mitigation areas as described below. An assessment of the wetland Impacts and mitigation program was conducted using the Uniform Mitigation Assessment Method (UMAM) set forth In Chapter 62-345, Florida Administrative Code, A summary of this assessment Is provided in Table 8. Formulas utilized in the UMAM assessment but not listed in Table 8 included: UMAM Score = (Sum of Indicator Scores) I 30 Functional Loss (for impacted wetlands) = (UMAM score) x (acres of wetland) Mitigation Functional Value Delta (Mitigation Delta) = (UMAM score for post-mitigation conditions)- (UMAM score for existing conditions) Relative Functional Gain (RFG) = (Mitigation Deita) I [(time lag factor) x (risk factor)) Net Functional Gain (of mitigation) ~ RFG x (acres of post-mitigation wetland) The UMAM assessment indicates that the UMAM score for the five on-site wetlands ranges from 0.27 to 0.43 and that the total functional value of the 1 A acres of wetlands to be impacted Is 0,51. Since a portion of wetlands W-1 and W-5 will be secondarily impacted, the value of the total wetland functional loss that will occur as a result of the project's wetland impacts is silghtly higher at 0,77, The UMAM assessment further indicates that the net functional gain, or "lift", that will result from conducting the proposed mitigation activities is projected to be at least 11.06. Since the net increase In wetland functional values derived from the mitigation program (11.06) far exceeds the wetland functional values that will be lost as a result of the project's wetland impacts (0.77), the proposed project wetland mitigation program will fully compensate for the proposed project wetland impacts. The UMAM assessment indicates the Quarry project will not result in any net loss of wetland functions. Instead, this assessment indicates there will be a net Increase In wetland P"",. 1':1 .....f1fl Agenda Item No. 17D November 9, 2010 Page 298 of 373 )mmokalee Sand Mine EIS December. 2008 Rev: May. 2009 functions that will result from the on-site mitigation program, The on-site mitigation program will involve conducting wetland enhancement, restoration, and creation activities and enhancement of upiands within Mine property, The wetland mltigalion areas total approximately 20,5 acres. Exhibit 9 contrasts existing conditions (existing FLUCFCS) present in these areas with proposed conditions (proposed FLUCFCS) in these areas following completion of the mitigation program, Table 5 lists the extent of each habitat type (FLUCFCS mapping units; vegetation associations) currently present in the preserve area whiie Table 6 lists the extent of each habitat type anticipated following completion of mitigation. Major components of the anticipated mitigation activities include: . Eradication and control of Category 1 and 2 invasive exotics Identified In the Florida Exotic Pest Piant Council's (EPPC) "List of Invasive Species", in general accordance with LDC 3.05,07.H,1.g.ii. . Eradication and control of nuisance plant sp~cles as necessary (target control likely <10% cover by nuisance species), As used herein, "nuisance" piant species are native plants (excludes piants listed as invasive exotics) that tend to colonize disturbed areas rapidly and thus can out-compete desirable native species. Examples include cattaii, dog fennel, ragweed, and grapevine, . Grading (mainly excavating) the area shown as FLUCFCS 641 and 643 In the Exhibit 9 post-mitigation drawing to form a depression of varying topography. Subsequent planting of 641 area with native herbaceous species to establish a freshwater marsh. Subsequent planting of 643 area with native wetland herbaceous species to establish a freshwater prairie. . Raising the existing grade slightly in various portions ofthe area shown as FLUCFCS 428 in the Exhibit 9 post-mitigation drawing. Subsequent planting of desirable native trees and palms in these areas where feasible, . Removal of the existing drainage ditch (pre-mitigation FLUCFCS 513) during the grading process, thereby restoring this area that is presently other surface waters to wetlands. . Removal of the existing perimeter berm around the pond during the grading process, thereby creating more natural wetlands from this existing upiand feature. . Partial filling of the existing pond FLUCFCS 534 to create elevations supportive of wetland marsh FLUCFCS 641. . Substantially improving the existing wetland hydro period through: discontinuation of current agricultural pumping into the wetland that currently "short circuits" the normal hydroperiod (will also improve water quality) The mitigation area will be protected via placing it into a conservation easement required by the County pursuant to LDC 3.05,07.H.1.d. It is anticipated that this area will also be protected by placing it into a separately recorded conservation easement pursuant to requirements of state and federal permitting agencies, Paet 24 of 30 Agenda Item No. 17D November 9,2010 Page 299 of 373 lmmokalee Sand Mim: E1S December, 2008 R.ev: May, 2009 IF. SURFACE AND GROUNDWATER MANAGEMENT i. Provide an overall description of the proposed water management system explaining how it works, the .basis of design, historical drainage flows, off-site flows coming in to the system and how they will be incorporated in the system or passed around the' system, posltive outfall availability, Wet. Season Water Table and Dry Season Water Table, and how they were determined, and any other pertinent information pertaining to the control of storm and ground water, The Mine property Is currently being used as agricultural lands, and has. been In agricultural production for years If not decades. The existing vested agricultural operations obtain groundwater for irrigation through permitted wells located on site. Water table elevations during the growing season are closely maintained through the use of pump out facilities, These facilities discharge to internal field d~ches which in turn are pumped into an agricultural water Impoundment area, and to off-site wetland and upiand areas. Exhibit 4 illustrates the approximate locations of existing wells and pumps (throw-out pumps). The agricultural use will be sequentially converted to be a mining use as the mine size increases. There are no significant off.slte flows entering the site since the entire proposed excavation site is largely isolated from off site flows by the existing farming berms and associated agricultural operations. Furthermore the property is surrounded by other agricultural areas that are also managed by agricultural water management systems, The site is surrounded by agricultural lands in active production. The conceptual water management design proposes a control elevation (WSWT) for the site consistent with existing water surface elevations and the existing South Florida Water Management District Environmental Resource Permit. The proposed control elevation Is 35,5 feet NAVD B8, The dry season water table (DSWT) is estimated to be about 4 feet beiow the control elevation, at approximately 31,5 feet NAVD 88, The excavation will be performed in stages as the market material demand conditions dictate, An Initial excavation area will be designated, This area will be isolated from the surrounding land which will be maintained in agricultural production, The agricultural production area Is currently contained within a berm with a top elevation greater than the proposed 25 year elevation for the lands in agricultural production. The segregated excavation area berm design includes a water management isolation berm around the excavation area with a berm top elevation at three feet above the 25-year storm stage elevation. The 25 year and 100 year storm stage elevations were obtained using XP.SWMM software, An elevation of 36,5 feet NAVD 88 was obtained for the 25-year storm stage elevation. and an elevation of 36,7 feet NAVD 8B was obtained for the 1 OO-year storm stage elevation, As a result of this design, and the need to maintain the agricultural operations, two berms will Isolate the property from the surrounding property. One berm wiJI isolate the area currently in agricultural production and maintain the current agricultural water management system and the second berm will contain the excavation area so that the area In which the excavation is occurring will not produce discharge outside of the excavation isolation berm. Rainfall runoff which accumulates inside the excavation perimeter water management isolation berm will be detained in the excavation area, During mining operations, the areas within the mine segregation berm will not discharge to off site lands or to the lands in agricultural production. The agricultural production area will discharge to off site lands and will maintain the current discharge patterns after the appropriate treatment in accordance with state and federal regulations, there may be controlled off.site discharge of the treated stormwater from the land in agricultural production. After the completion of all mining activities, the project will implement a restoration plan which will include off.site discharges of treated stormwater as allowed by regulatory agencies since this may benefit off-site wetlands. This will be determined during the more detailed environmental resource permitting process, The conceptual site plan provided as Exhibit 6 depicts the proposed project's stormwater management system and post.development drainage patterns on and off-site. In the central portion of the mine property, Page 25 of30 Agenda Item No. 17D November 9,2010 Page 300 of 373 lmmokalce Sand Mine ElS December. 2008 Re": May, 2009 runoff from the area containing the proposed processing area, product stockpile areas, offices and other structures, and parking areas will drain to the excavation area for treatment and attenuation. The tailings pond will also receive water trom the processing facility. Runoff within the mining aree will first flow into the pit for treatment and attenuetlon. The perimeter stormwater berm proposed around the excavation area will ensure that alCrunoff is contained within the mining area, The reclamation plan will Include an outfall and a set of control structures which will discharge to off site iand which currently receives the discharge from the agricultural throw-out pumps, The on-site preserve proposed will not be incorporated Into the project's stormwater management system, The perimeter stormwater berm constructed around the mine area will accomplish this segregation, Even though the preserve will not receive runoff from the adjacent mining area, this condition will not adversely affect the preserve since It will be controlled by the water table elevation instead of directed inputs. The large lake created through the mining process will not adversely impact the hydroperiod of off-site wetlaf)ds or adversely Impact the regional water table. The water table elevation in the lakes will typically reflect that of the regional water table and thereby maintain ambient natural water table levels, The future lake should potentially make more water avallabie by creating a large water storage area that can help recharge the surficial aquifer In this manner, the lake will function similar to Water Retention Area overlays prescribed In the RLSA. The control elevation for the lakes has been established to ensure the lakes do not adversely affect wetland hydroperiods and the stormwater management design will comply with Sections 4.2.2.4,6.11, and 6.12 of SFWMD's Environmental Resource Permit Basis of Review. The proposed project wiil eliminate the current agricultural ground water pumping and will somewhat decrease site runoff. il. Provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. This analysis is required for projects impacting five (5) or more acres of wetlands, The analysis shall be performed using methodologies approved by Federal and State water quality agencies, The applicant is designing and permitting the proposed project in accordance with the Florida Department of Environmental Protection and South Florida Water Management District regulations for Environmental Resource Permitting and design. The conceptual project and stormwater management design prepared for this conditional use application Is consistent with the aforementioned criteria. The design uses the best management practices specified by the State of Florida to provide the required reasonable assurances that the project will not adversely affect off site waters with respect to quality and quantity. A Harvey Harper Analysis has been performed which provides a quantitalive analysis. The calculations have been provided. iii, Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM-STs, Not applicable. There are no Wellfield Risk Management Special Trealment Overlay Zones (WRM-STs) that cover any of the project lands and there are no WRM-STs in the immediate vicinity of the project lands, Paor ')fo nf10 Agenda Item No. 17D November 9,2010 Page 301 of 373 lmmokalee Sand Mine EJS December. 2008 Rev: MlIY, 2009 1 G. LiSTED SP~CIES- I. Provide a plant and animal species survey to include at a minimum, listed species known to Inhabit biological communities similar to those existing on-site, and conducted In accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U,S, Fish and Wildlife Service, State actual survey times and dates, and provide a map showing thelocation(s) of species of special status identified on-site. A thorough survey for listed animal and plant species was conducted on the project lands by Turrell, Hall & Associates ecoiogists, This listed species survey and Its results are discussed in Section 3 of Appendix B, Exhibit 13 shows the approximate iocations where listed animal species were observed on and near the project lands during the course of the referenced survey, The listed animal species observed on project lands by Turrell, Hall & Associates included American alligator, alligator snapping turtle, tricolored heron, sandhill crane, and crested caracara. Other than some alligators and the snapping turtle, none of the observed listed animal species reside or nest on the project lands, No listed plant species were found on the project lands, ii. Identify aU listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site, Listed animal species observed on the project lands by Turrell, Hall & Associates are discussed in Section 3.4,2 of Appendix B. Other listed animal species that have some potential for occurring in certain habitats present on project lands are discussed in Section 3.4.4 of Appendix B. It is highly unlikely that any listed plant species couid be present on the project lands, as discussed in Section 3.4.6 of Appendix B, Exhibit 12 illustrates the approximate locations of listed animal species previously documented by others In the general vicinity of the Mine site. These listed species records and the source of these records are also discussed in Section 3 of Appendix B. iii, Indicate how the project design minimizes impacts to species of special status, Describe the measures that are proposed as mitigation for impacts to listed species, Project impacts to habitats potentially utilized by certain listed wading birds were reduced by adjusting the original mining plan to avoid impacts to various wetlands now situated off. site (see Section E,iii). Impacts to various listed wading birds and alligators that may periodically visit the project site (for foraging or other activities) along with impacts to resident alligators will be minimized by taking appropriate protection measures during project construction and operations activities (see Section G.iv). Following completion of the proposed mining activities, it is presently estimated that the lakes formed on.site by the excavation pits will occupy no more than 600 acres, Mine reclamation activities will likely include planting lake shorelines with a variety of native littoral zone species In accordance with mine reclamation requirements specified in Chapter 62C-36, Florida Administrative Code. These post.reclamation mine lakes will provide desirable habitats for listed wading bird foraging and for alligators, thereby helping offset the project's proposed impacts to habitats currently utilized by these species. The proposed on.sile mitigation activities will also help mitigate project impacts to existing on.site habitats frequented by listed wading birds, Wetland enhancement, restoration, and creation activities performed in the OM Areas will significantly improve the current wetland habitat value, Establishment of the large herbaceous marsh area within on.site mitigation area (see Exhibit 9) will create suitable nesting habitat for wading birds whereas no such habitats really exist currently on the Mine property. Secondary Zone panther habitat conservation overiays encompass the Mine property as discussed in Appendix B and illustrated in Exhibit 13, although no Florida panthers have ever been documented on project lands. Development of the Mine will impact these panther habitat conservation zones. Even though the affected areas currently have limited panther habitat value, it is anticipated that the US Fish and Wlldiife Service (FWS) will require mitigation for the proposed Impacts. Agenda Item No. 17D November 9,2010 Page 302 of 373 11l1mokalee Sand Mine ElS December, 2008 Rev: May, 2009 An appropriate Section 404 permit will be required from the US Army Corps of Engineers (USACE) to conduct the mitigation activities proposed in the project's on-site mitigation areas. Applying for this permit will most likely Include engaging in the Section 7 consultation process with the FWS, The necessary mitigation for the project's impacts to panther habitats and the specifics of the mitigation will be determined as part of the consuitation with FWS, It Is probable that mitlgetion will take the form of protectin'g and managing privately owned lands (areas designated as FSAs, HSAs, and WRAs) located within the Primary habitat zone of the Panther. This form of panther habitat mitigation has been previously approved by FWS for other projects in the region. Mitigation for project Impacts to panther habitat conservation zones could include other measures recommended by the FWS. However, it is premature to accurately predict the ultimate panther habitat mitigation program at this conceptual planning stage of the project, iv. Provide habitat management plans for each of the listed species known to occur on the property, For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. Attachment 2 In Appendix C provides a protection plan (management plan) for the listed species that were documented utilizing the project lands and for some additional listed wading birds. v, Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U,S, Fish and Wildlife Service (USFWS), with regards to the project, Explain how the concerns of these agencies have been met. No correspondence has been received to date. Any information received from these agencies during the course of the ERP review with the State and federal regulatory agencies will be shared with the County. Paee 28 of30 Agenda Item No. 17D November 9, 2010 Page 303 of 373 hnmokalee Sand Mine EIS December, 200& Rev: May. 2009 I H. OTHER 1- .. I. For multi-slip docking facilities with ten slip's or more, and for all marina facilities, show how the project is consistent with the marina siting and other criteria in the Manatee Protection Plan. Not applicable, No docks, dOCking facilities, or marina faciiities are proposed, II. Include the results of any environmental assessments andlor audits of the property, If applicable, provide a narrative of the cost and measures needed to clean up the site. The preparers of this document .are unaware of any environmental assessments that may have been completed on this property. iil. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment (ACSCST) overlay district, show how the project is consistent with the development standards and regulations established for the ACSC-ST. Not applicable. The project lands are not located within the boundary of the ACSC-ST. iv, Soli sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for which there is a reasonable basis for believing that there has been previous contamination on site. The amount of sampling and testing shall be determined by the Environmental Services staff along with the Pollution Control Department and the Florida Department of Environmental Protection. Soil sampling was conducted on March 27, 2009 by the Colinas Group, Inc. Samples were laboratory tested for RCRA metals and organochlorine pesticides, A copy of the Soil Sampling and Analytical Report, dated April 7, 2009, was supplied to the County under separate cover as part of the excavation application. No samples exceeded the Florida Commerclalllndustrial Soil Cleanup Target Levels. v. Provide documentation from the Florida Master Site File, Florida Department of State and any printed historic archaeological surveys that have been conducted on the project area, Locate any known historic or archaeological sites and their relationships to the proposed project design, Demonstrate how the project design preserves the historiclarchaeologicalintegrity of the site. A letter was submitted to the Florida Department of State, Division of Historical Resources (DHR) reqUesting DHR to examine the Florida Master Site File for any previously recorded archaeologicallhlstorical resources documented on the project lands, DHR responded in a letter dated 912510B that the Florida Master Site File listed no previously recorded cultural resources on the subject property. A copy of this letter is provided as Attachment 3 in Appendix C. The Coliler County Long Range Planning Department's "Index Map of HistorlcallArchaeological Probability of Collier County, Florida", published on 515101 was also reviewed. These maps did not show any historic structures, archaeological sites, or historic districts on the project lands. Based on a review of historic aerial photos, this area has existed essentially in the same condition as It is today for at least the past 30 years or more. Given the above, it does not appear that development of the Immokalee Sand Mine property will impact any historic properties listed, or eligible for listing, in the National Register of Historic Places or otherwise of historical, architectural, or archaeological value. If a suspected archaeologicai or historical artifact is discovered during the course of site development activities (construction, mining, clearing, etc.), the P~".. ?Q ,..,f ~n Agenda Item No. 17D November 9,2010 Page 304 of 373 lmmoklllee Sand Mine EIS December> 200& Rev: May, 2009 development activities at the specific site will be immediately halted and the appropriate agency notified, Development will be suspended for a sufficient length of time to enable the County or a designated consuitant to assess the find and determine the proper course of action. ,,-~. ~" ~~ '}" Agenda Item No. 17D November 9,2010 Page 305 of 373 IMMOKALEE SAND MINE APPENDIX A TABLES Agenda Item No. 17D November 9, 2010 Page 306 of 373 Page 12 Table 1. Existing Major FLUCFCS categories present on the Immokalee Sand Mine property. FLUCFCS FLUCFCS Description Acres % ofTotal Code P.roperty 211 Improved Pasture 11,6 1,3 214 Row Crops 261,7 29,1 221 Citrus Grove 482.2 53,7 513 Drainage Ditches 30,1 3.4 534 Ponds 2.6 0.3 618 Willow Marsh 5.6 0.6 619 Brazilian Pepper Wetland 1.2 0.1 643 Wet Prairie 7,7 0,9 740 Disturbed Lands 81,3 9.1 740H Disturbed Lands (Hydric) 1.1 0,1 7401 Disturbed Lands-Berms 10,9 1.2 814 Roads 1.9 0.2 TOTAL ACRES 897,9 Table 2. Existing Native Vegetation FLUCFCS mapping units present on the Immokalee Sand Mine property, FLUCFCS FLUCFCS Description Acres % of Total Native Code Vegetation 618 Willow Marsh 5.6 42,1 643 Wet Prairie 7.7 57,9 TOTAL ACRES 13.3 Table 3, Existing wetlands present on the Immokalee Sand Mine property and the FLUCFCS composition of these wetlands, Wetland FLUCFCS FLUCFCS Description Acres % ofTotal ID Code Wetlands W-l 643 Wet Prairie 7.7 49.4 W-2 619 Brazilian Pepper Wetland 1,2 7,7 W-3 618 Willow Marsh 5,6 35,9 W-4 740H Disturbed Lands (Hydric) 0,02 0.1 W-5 740H Disturbed Lands (Hydric) 1.08 6,9 TOTAL ACRES OF WETLAND 15,6 Agenda Item No. 17D November 9, 2010 Page 307 of 373 Page 13 Table 4. Existing wetland FLUCFCS mapping units present on the Immokalee Sand Mine property that will be Impacted by the project and the extent of these impacts. FLUCFCS FLUCFCS Description Acres % ofTotal Code Impact 619 Brazilian Pepper Wetland 1.2 8'5,7 740 H Disturbed Lands-Hydric 0,2 14,3 TOTAL ACRES OF WETLAND IMPACTS 1.4 Table 5. Existing native and non-native vegetation FLUCFCS mapping units present in the Preserve proposed on the Immokalee Sand Mine property. FLUCFCS FLUCFCS Description Acres % ofT otal Code Preserve 211 Improved Pasture 11.6 43.B 214 Row Crops 0.9 3.5 513 Drainage Ditches 2.8 10.8 534 Ponds 1.5 5.8 618 Willow Marsh (Native) 5,6 21.6 740 Disturbed Lands 1,3 5,0 740 H Disturbed Lands (Hydric) 0,2 0.8 7401 Disturbed Lands-Berms 2.0 7.7 TOTAL PRESERVE ACREAGE 25,9 Table 6, Proposed (post-mitigation) conditions for the Preserve area. FLUCFCS FLUCFCS Description Acres % ofT otal Code Preserve 428 Palm Hammock 5.4 20,8 618 Willow Marsh 5.6 21,6 641 Freshwater Marsh 1.5 5.8 643 Wet Prairie 13.4 51.7 TOTAL PRESERVE ACREAGE 25,9 Agenda Item No. 17D November 9,2010 Page 308 of 373 Page 14 Table 7, Project area breakdown by FLUCFCS category, FLUCFCS FLUCFCS Description TOTAL MINE PRESERVE RETAINED WILDLIFE Code ACREAGE AREA AREA AREA CORRIDOR 211 Improved Pasture 11,6 - 11.6 - - 214 Row Crops 261.7 253.2 0.9 - 7.6 221 Citrus Grove 482.2 452.4 - - 29.8 513 Drainage Ditches 30,1 19,7 2.8 - 7.6 534 Ponds 2.6 1.1 1.5 - - 61B Willow Marsh 5.6 - 5.6 - - 619 Brazilian Pepper Wetland 1.2- 1.2 - - - 643 Wet Prairie 7.7 - - 7,7 - 740 Disturbed Lands 81,3 37.9 1.3 2,6 35.3 740H Disturbed Lands (Hydric) 1.1 0.1 0,2 - 0,8 7401 Disturbed Lands-Berms 10.9 8,0 2.0 - 0.8 841 Roads 1.9 1.9 - - - TOTAL ACRES 897,9 I 775,5' 25,9 10.3 81.9 *Remaining acreage is set aside in an access right of way for properties to the north. Agenda Item No. 17D November 9,2010 Page 309 of 373 Page IS Table 8, UMAM assessment for the Immokalee Sand Mine project (A through C below), .. A. UMAM stores for existing wetlands to be impacted and the functional loss resulting from these impacts. Wetland FLUCFCS FlUCFCS Description _Acres . Functional Score Functional loss 10 . Code Impacted W-2 619 Brazilian Pepper 1,2 ,33 0,40 Wetland W-4 740H Disturbed lands 0.02 0,27 0.D1 (Hydric) W-5 740H Disturbed lands 0.2 0.27 0,10 (Hydric) TOTALS 1.4 0.51 8, UMAM scores for existing wetlands to be secondorily impacted and the functional loss resulting from these Indirect Impacts. (Also included in the RFG Table 8.C below). Wetland FLUCFCS FlUCFCS Acres Functional Functional Functional Functional 10 Code Description Preserved, Score Score (with Delta loss Created or (existing) project) Retained W-1 643 Wet Prairie 7.7 0.33 0.30 -0.03 0.23 W-5 740H Disturbed 0.9 0,27 0.23 -0,04 0.03 lands (Hydric) TOTALS 8,6 0,26 C. Relative Functional Gain (RFG) for mitigation area wetlands and the net functlonol gain for these wetlands resulting from completion of the proposed wetland mitigation program, Wetland FLUCFCS FLUCFCS Acres Functional Functional Functional Net 10 Code Description Preserved, Score Score (with Delta Functional Created or (existing) project) Gain Retained W-1 643 Wet Pra irie 7,7 0,33 0.30 -0.03 -0,23 W-3 618 Willow 5.6 0.43 0,67 0,24 1.34 Marsh 641 Freshwater 1.5 0,0 0.67 0.67 1,00 Marsh 643 Wet Prairie 13.4 0,0 0.67 0.67 8,98 W.5 740H Disturbed 0.9 0,27 0.23 -0,04 -0.03 Lands (Hydric) TOTALS 28.9 11.06 Agenda Item No. 17D November 9, 2010 Page 310 of 373 IMMOKALEE SAND MINE: EXISTING VEGETATION ASSOCIATIONS (FLUCFCS) ANI;> LISTED SPECIES SURVEY Prepared for: '&GmG)( Prepared by: TuRRELL, HALL & >--; ~ AsSOCIATES, INC. - Marine & Environmental Consulting September 2008 Agenda Item No. 17D November 9,2010 Page 311 of 373 Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey pagell 11. INTRODUCTION CEMEX intends to develop a new sand mine in northern Collier County, This mine is referred to as Immokalee Sand Mine and will encompass approximately 897,97 acres located about X mile west of the intersection of Hwy 29 and State Road 82. These lands cover portions of Sections 6 and 7, Township 46 South, Range 29 East, Collier County, Florida, Mitigation/enhancement activities will occur in an on-site area referred to as the "Preserve", This Preserve is currently proposed to encompass about acres in the northeastern corner of the property boundary, CEMEX contracted Turrell, Hall, & Associates, Inc, to perform various environmental studies for the Immokalee Sand Mine project. These studies included developing a vegetation (cover), land forms, and land use map, commonly known as a FLUCFCS map for the project lands, They also conducted biotic surveys on the project iands for listed animal species, a future Crested Caracara study, and other wildlife in general. As used in this report, ,the terms "listed animal species" refers to vertebrate animai species given special designation by the US Fish and Wildlife Services (FWS) and/or the Florida Fish and Wildlife Conservation Commission (FWC). Environmental services provided further included delineating the limits of potentially jurisdictional wetlands located on the project lands, This report documents the results of Turrell, Hall, & Associates' FLUCFCS mapping efforts, It further documents the results of the listed species/wildlife surveys conducted by Turrell, Hall, & Associates, in reviewing this report, the reader should refer to the various figures noted below, All referenced tables are provided at the end of this report in Appendix 1 while all referenced figures are contained In the EIS. The referenced figures include: . Figure 1- Location Map . Figure 4- Existing FLUCFCS and Wetlands . Figures S through 16- Listed Species Records . Figure 17- Listed Species Observed 2. EXISTING VEGETATION ASSOCIATIONS, LAND FORMS, AND LAND USES (FLUCFCS) 2.1 METHODOLOGY Vegetation associations, land forms, and land uses IFLUCFCS categories) present on and near the project site were mapped using direct field observations, interpretation of aerial photographs, and GPS mapping, Field observations were conducted primarily during the period from July through September, 2008, These observations included pedestrian and ATV transects across the lands recording vegetation community characteristics as well as recording location points aiong the boundaries of certain communities/land forms using handheld GPS units. The methods and class descriptions found In the Florida Land Use, Cover, and Forms Classification System (FLUCFCS) manual (FDOT, 1999) were generally followed when delineating areas and assigning areas to an appropriate HUCFCS category or "code". Level III classifications were generally employed, Certain modifications were made to the FLUCFCS class definitions presented in this manual in order to Agenda Item No. 17D November 9,2010 Page 312 of 373 Immokalee Sand Mine - Existing HUCFCS & Listed Species Survey Page 12 better describe and differentiate both piant communities and land uses, For simplicity purposes all drainage ditches and water retention areas are given a FLUCFCS code of other surface waters (OSW), The sections that follow list and describe the FLUCFCS categories mapped within the project land and in adjacent lands, The FLUCFCS code number for each category is indicated followed by the brief name (description) of the category, A general description of the FLUCFCS category is then provided. One should note that the standard HUCFCS system labels certain groups of vegetation associations (FLUCFCS categories) as "uplands" and others as "wetlands". In assigning FLUCFCS categories, Turrell, Hall, & Associates uses the FLUCFCS category which best describes the dominant vegetation association without regard to whether the FLUCFCS system considers the community as an "upland" or "wetland". 2.2 MAJOR FLUCFCS CATEGORIES Figure 4 illustrates detailed HUCKS map units present on the project lands and on immediately adjacent lands. Table 1 lists each of the FLUCFCS map unit codes present on the Mine property and total acreage encompassed by each FLUCFCS type. Table 2 provides similar data for lands contained within the boundaries of the proposed Preserve area. Wetlands are present on the Mine property and are indicated on Figure 4. Boundaries of these wetlands were either flagged by Turrell, Hall, & Associates ecologists and subsequently survey located by RWA, Inc., or mapped using a handheld GPS. The following sub-sections describe each major FLUCFCS category mapped on the project lands. 211-/mproved Pasture Canopy- none. Subcanopy- none. Ground Cover- various graminoids, forbs, ruderals. Examples include bahlagrass (Pespe/um notatum), bermudagrass (Cynodon darty/on), various panicums (Panicum spp.), chickweed (Stellaria spp.), dog-fennel (Eupatorium spp.), Caesarweed (Urena iobata), bluestems (Andropogon spp.), etc. Comments: This category includes an area on the property that was previousiy cleared and was most likely tilled and reseeded with domestic grasses and periodically improved with brush control and fertilizer application, Potential Habitat for These Listed Species: . Crested Caracara (earacara cheriway)- T . Sandhill Crane (Grus canadensis pratensis)- T . Florida Panther (Puma cancalor caryi)- E . Black Bear (Ursus americanus flaridanus)- T . American Alligator (Aliigator mississippiensis)- SSC . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white ibis)-SSC . Eastern Indigo Snake (Drymarchon corais couperi)- T . Gopher Tortoise (Gopherus polyphemus)- SSC . Gopher Frog (Rana capito)- SSC Agenda Item No. 17D November 9,2010 Page 313 of 373 Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey Page 13 Listed Species Observed in This Habitat: None. 212- Unimoroved Pasture Canopy- Generaliy absent, Sparsely scattered' species can include slash pine (Pinus elliott;n and cabbage palm (Sabol palmetto). Subcanopy- Dominant: none, Other: Brazilian pepper (Schinus terebinthifolius), wax myrtle (Myrica cerifera), slash pine (Pinus eifiottii). cabbage palm (Sabol palmetto). Subcanopy extremely sparse, if present at all. Ground Cover- various graminoids, forbs and ruderals, Dominants are largely bahiagrass (Paspalum notatum) and bermudagrass (Cynodon dactylon). Examples of others include broomsedge (Andropogon virginicus) and saw palmetto (Serenoa repens). Comments: This FLUCFCS category is representative of areas in which the canopy, subcanopy, and ground cover strata have been previously cleared in association with converting the land to pastures, Portions of these pastures have been planted with domestic grasses in the past but have only been partially maintained, A few scattered cabbage palms and slash pines remain, Where any midstory species remain, these are now composed primarily of widely scattered cabbage palm and Brazilian pepper. Potential Habitat for These Listed Species: . Crested Caraca ra (Caracara cheriway)- T . Sandhill Crane (Grus canadensis pratensis)- T . Florida Panther (Puma cancolor coryn- E . Black Bear (Ursus americanus floridanus)- T . American Alligator (Aifigator mississippiensis)- SSC . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white Ibls)-SSC . Eastern Indigo Snake (Drymarchon corais couperi)- T . GopherTortoise (Gapherus polyphemus)- SSC . Gopher Frog (Rana capito)- SSC Listed Species Observed in This Habitat: None, 213- Woodland Pasture Canopy- Dominant: slash pine (Pinus elliottii). cabbage palm (Sabol palmetto), Other: live oak (Quercus virginiana), laurel oak (Quercus laurifolia), Subcanopy- Dominant: highly variable, Other: slash pine (Pinus eifiottin, cabbage palm (Sabol palmetto). wax myrtle (Myrica cerifera). Brazilian pepper (Sch/nus terebinthifolius), gallberry (flex glabra). stagger bush (Lyonia fruticoso), winged sumac (Rhus copaifina), saltbush (Boccharis halimifolia). etc. Ground Cover- Dominant: highly variable. Other: West Indian dropseed (Sporabolus indicus v, pyramidalis), ragweed (Ambrosia spp,). dog fennel (Eupatorium spp.). scattered saw palmetto (Serenoa repens), poison ivy (Toxicodendron rod/cans). blue maldencane (Amph/carpum muhlenbergianum). grapevine (Vitis rotundifolia), broomsedge (Andropogon spp.), flatsedge (Cyperus spp,), and a variety of Agenda Item No. 17D November 9,2010 Page 314 of 373 . Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey Page 14 herbaceous species including domesticated grasses, Comments: This FLUCFCS category is representative of areas in which the subcanopy and ground cover strata have been previously cleared and the canopy stratum has been partially cleared. Some areas were once planted with domesticated grasses and occasionally native grasses; however limited maintenance has allowed other ground cover species to colonize the areas, Scattered trees remain in the canopy stratum, The midstory stratum tends to be extremely sparse except in areas where Brazilian pepper shrubs are dominant, These wooded pastures are given infrequent management (limited brush hogging, etc,). Small drainage ditches and berms can be present within the mapped areas, Potential Habitat for These Listed Species: . Crested Caracara (Caracora cheriway)- T . Florida Panther (Puma con color coryl), E . Black Bear (Ursus omericonus flar/donus)- T . Eastern Indigo Snake (Drymarchon corais couperi)- T Listed Species Observed in This Habitat: . Crested Caracara (Caracora cheriway)- T 214- Raw Crops Canopy- none. Subcanopy- none. Ground Cover. Various small vegetable row crops when fields are in production. When failow, various graminoids, forbs, ruderals may be present. Comments: These agricultural lands were activeiy used and managed for row crop production; however the land has been fallow for some time. Inundation of the soil is still evident, creating small ditches In between rows. These areas mapped as FLUCFCS 214 have been overgrown with ruderal grasses and sedges, Potential Habitat for These Listed Species: . Crested Caracara (Caracora cheriway)- T . Sandhill Crane (Grus canadensis pratensis)- T . Florida Panther (Puma cancoJor coryl)- E . Black Bear (Ursus omericonusfJoridanus)- T . American Alligator (Alligator mississippiensis)- SSC . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white Ibis)-SSC . Eastern Indigo Snake (Drymarchan corais couper;)- T . Gopher Tortoise (Gopherus polyphemus)- sse . Gopher Frog (Rano capito)- SSC Listed Species Observed in This Habitat: . Crested Caracara (Caracora cheriwoy)- T . Sandhill Crane (Grus conadensis pratensis)- T . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white Ibls)-SSC Agenda Item No. 17D November 9,2010 Page 315 of 373 Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey--......---- ...-.-" Page 15 221- Citrus Grove' -,,.....,._..~-.......,.......-^._.---- -.,. Canopy- orange tree (Citrus sp.), Subcanopy- none, Groundcover- Various domestic grasses, which are maintained and cut short, Comments: These agricultural lands are actively used and managed for orange crop production, Orange trees are planted in row with a small ditch in between each row, Constant bush hogging and mowing of these areas in between rows keep most shrub and tall grass species from colonization, The land underneath the trees, as well as areas in between rows, is chemically treated, Potential Habitat for These ~isted Species: . Crested Caracara (Caracora cherlway)- T . Sandhill Crane (Grus canadensis pratensls)- T . Florida Panther (Puma concolor coryl)- E . Black Bear (Vrsus americonus floridonus)- T . American Alligator (Aiiigator mississippiensls)- SSC . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white ibis)-SSC . Eastern Indigo Snake (Drymarchon corals couperi)- T . Gopher Tortoise (Gopherus polyphemus)- SSC . Gopher Frog (Rono copito)- SSC Listed Species Observed in This Habitat: . Crested Caracara (Caracaro cheriwoy)- T 513- Ditches Canopy- none, Subcanopy-none, Ground Cover- various graminoids and other herbaceous species along with small woody species in places, Examples: primrose willow (Ludwigio peruviono), willow (Soiix spp.), maidencane (Panicum hemitoman), torpedo grass (Panicum repens), cattail (Typha spp,), pickerelweed (Pontederia cordata), duck potato (Sagittario lotifoiia), duckweed (Lemno spp,), water lettuce (Pistio stratiotes), green arum (Peitondra virglnico), arrowhead (Sagittoria spp.), flatsedges (Cyperus spp,), various upland grasses, etc. Comments: This category includes man-made drainage ditches, which differ from canals In that they are typically narrower and shallower, and convey water across reiatively limited areas rather than from a larger region or watershed, Areas mapped as FLUCFCS code S13 are primarily active agricultural drainage ditches and typically do not include berms associated with them or they do not include smaller drainage ditches and swales that are present, Drainage ditches within the project lands are cohesive to represent hydrologic connectivity through the use of culverts, drainage pipes, flashboard risers, etc. Drainage ditches on the project lands and ones adjacent to it are actively managed as part of the farming operation_ Management activities include things such as excavation to remove accumulated sediments and spraying herbicides to controi plant growth that could restrict flow, The vegetation present along Agenda Item No. 170 November 9,2010 Page 316 of 373 Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey Page 16 the ditches and within inundated portions of the ditches is highly variable, The mapped drainage ditches are classified as other surface waters rather than as wetlands, Potential Habitat for These Listed Species: . Wood stork (Mycterio american 0)- sse . American Alligator (Aiiigator mississippiensis)- sse . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white ibisl-sse . Alligator Snapping Turtle (Macrae/emys temminckii)- sse Listed Species Observed in This Habitat: . American Aiiigator (Alffgotor mi5sissippien.sis)- sse . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white ibisl-sse 534- Ponds Canopy- none. Subcanopy- none, Ground Cover- various graminoids and other herbaceous species along with small woody species around pond edge. Examples: primrose willow (Ludwigia peruvian a). willow (Salix spp.). maidencane (Panicum hemitomon). torpedo grass (Panicum repens). cattail (Typha spp,), pickerelweed (Ponteder/a cordata). duck potato (Sog/ttaria latifolia), duckweed (Lemna spp.), water lettuce (Pistia strotiotes), green arum (Pe/tandra virg/nica). arrowhead (Sagittaria spp.), flatsedges (Cyperus spp.). various upland grasses, etc. Comments: This category includes man-made ponds, which are considered reservoirs. Reservoirs differ from lakes in that they are artificial impoundments of water that are used for irrigation and flood control. The mapped ponds are classified as other surface waters rather than as wetlands, Potential Habitat for These Listed Species: . Wood stork (Mycter/a americana)- sse . American Alligator (Alligator miss/ss/ppiem/s)- sse . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white ibis)-SSe . Alligator Snapping Turtle (Macroe/emys temmincki/)- sse Listed Species Observed in This Habitat: None. 618- Willow Marsh Canopy- Dominant: willow (Salix spp,). Other: Brazilian pepper (Sch/nus tereb/nthifo//us) Subcanopy- Dominant: willow (Sa/ix spp,). Brazilian pepper (Sch/nus terebinthifolius), Other: primrose willow (Ludwigia peruviana), saltbush (Baccharis ha/imifolia). wax myrtle (Myrica cerifero), etc, Groundcover. no significant ground vegetation due to canopy overgrowth. Comments: Willow marsh areas lack a true canopy stratum dominated by larger trees, although certain trees may be present on the fringes of such areas, Instead, these areas are scrub/shrub wetlands where the upper- most stratum is dominated by coastal willow, The marshes are typically inundated for long periods and lack an intermediate vegetation stratum below the "canopy" layer dominated by willows and other Agenda Item No. 17D November 9,2010 Page 317 of 373 Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey" Page \7 woody shrubs, Cover in the ground cover stratum is highly variable, In places, there is little ground cover-. other than young willows and primrose willows, In other places, an array of different hydrophytic species can be present. The singfe willow marsh area present on the project lands have been disturbed by past clearing, topographic alterations, and altered hydroperiods. Exotic infestations are significant. Potential Habitatior These Listed Species: . American Alligator (Alligator mississippiensis)- SSC . Listed Wading Birds (snowy egret, littie blue heron, tricolored heron, white ibis)-SSC Listed Species Observed in This Habitat: None. 619-Brazilian Pepper Canopy- Brazilian pepper (Schinus terebinthifalius) Subcanopy- Dominant: Brazilian pepper (Schinus terebinthifo/ius). Other: willow (Salix spp.), primrose willow (Ludwigia peruviana), wax myrtle (Myrica cerifera). Ground Cover- sparse to absent, but can include various graminoids, forbs, and small woody species, Comments: The single area mapped as HUCFCS 619 is essentially Brazilian pepper monoculture, This designation is applied to wetland areas having a canopy/subcanopy cover by native species of less than 10 to 15 percent and the total cover by Brazilian pepper in the subcanopy strata is B5 percent or greater, Brazilian pepper shrubs and trees are typically the dominant stratum, The number and diversity of native canopy and subcanopy trees and shrubs remaining is greatly restricted by the dense Brazilian pepper. Similarly, the percent cover and species diversity found within the groundcover stratum is severely restricted by shading, crowding, and competition from the canopy of Brazilian pepper. The composition of native species in the groundcover stratum largely depends upon the historic plant community present prior to the area being taken over by the peppers, The area mapped as 619 on project lands have been severely disturbed by past clearing activities and topographic alterations, The normal hydroperiod has also been aitered by the ongoing agricultural practices, Potential Habitat for These Listed Species: . American Alligator (Alligator mississippiensis)- sse . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white ibis)-SSe Listed Species Observed in This Habitat: . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white Ibis)-SSe 643- Wet Prairie Canopy- none, Subcanopy- none. Ground Cover- frog-fruit (Phy/a stoechadifolia), bacopa (Bacopa spp.), flat sedges (Cyperus spp.), coinwort (Centella asiatica), maidencane (Panicum hemitomon), torpedo grass (Panicum repens), pennyworts (Hydrocatyle spp.), spike rush (Eleacharis spp,), broomsedge (Andropogon spp,), Spartina. Comments: Agenda Item No. 17D November 9.2010 Page 318 of 373 Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey' '" hh_ --.-___.. Page 18 . Wet prairies are open, transitional wetland areas where the ground cover is the dominant stratum, although some scattered trees and shrubs may be present. Various graminoids commonly pervade in the herbaceous ground cover along with lesser numbers of forbs. Such prairies tend to be transitional between true uplands and lower elevation wetlands. They may be infrequently inundated by shallow standing water during the wet season or wetland conditions may merely be supported by a wet season water table that keeps the upper soil profile saturated for a significant duration, Only one area is mapped as FlUCFCS 643 on the Mine property. This occurs in southwestern corner of the property and is considered natural wet prairie. Potential Habitatfor These Listed Species: . Crested Caracara (Caracora cheriway)- T . Sandhill Crane (Grus canadensis pratensis)- T . Florida Panther (Puma concalor coryi)- E . Black Bear (Ursus americonus floridanus)- T . American Alligator (Alligator mississippiensis)- SSC . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white ibis)-SSC . Eastern Indigo Snake (Drymarchon corais couperi)- T Listed Species Observed in This Habitat: . Crested Caracara (Caracora cheriway)- T 740- Disturbed Lands Canopy- none. Subcanopy- none. Ground Cover- Dominant: dog-fennel (Eupatorium spp,), Other: various gramlnoids and ruderals such as bahiagrass (Paspalum notarum). bermudagrass (Cynadan dactylon), bluestems (Andrapogan spp.). panicums (Panicum spp.). dog-fennel (Eupatorium spp.). beggar-ticks (Bidens spp,), etc, Comments: lands mapped FLUCFCS 740 are areas that have been previously cleared for various reasons. Patches of trees and shrubs can remain although these do not form significant cover. Ground cover can be fair in some portions of mapped areas due to succession but some areas are relatively barren. The ground cover species are highly variable but tend to be dominated by domestic and native grasses. Most areas are infrequently maintained through activities such as brush-hogging. On the Mine property, the largest area mapped as 740 is found in the northeastern corner of the property, This disturbed land is dominated by dog-fennel (Eupatorium spp.), but also includes plants such as bahiagrass, smutgrass (Sporabolus indicus). ragweed (Ambrosia artemisiifolia), and para grass. The southwestern area mapped as 740 Includes the current main unpaved road into the property as well as two housing units which have been abandoned. Potential Habitat for These Listed Species: . Crested Caracara (Caracora cheriway)- T . Sandhill Crane (Grus conadensis pratensis)- T . Florida Panther (Puma conco/ar coryi)- E . Black Bear (Ursus americonus floridanus)- T Agenda Item No. 17D November 9,2010 Page 319 of 373 Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey pagel9 . American Alligator (Alligator mississippiensis)- SSC . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white ibis)-SSC . Eastern Indigo Snake (Drymarchon corais couperi)- T Listed Species Observed in This Habitat: . Listed Wading Bir.ds {snowy egret, littie blue beron, tricolored heron, white ibis)-SSC . Crested Caracara (Carocara cheriway)- T 740H- Disturbed Land (Hvdric) Canopy- none, Subcanopy- none. Ground Cover- torpedo grass (Panicum repens), cattail (Typha spp,), dog-fennel (Eupatorium spp,), maidencane (Panicum hemitomon), saltbush (Bacchads halimifolia), match head (Phyla nodiflora), horseweed (Conyza Canadensis), ragweed (Ambrosia artemisiifolia). Comments: The two areas mapped as FLUCFCS 740H within the project lands are man-made depressional formations which are only inundated during a portion of the year. When this survey first began In early July neither depress'lonal area was inundated, nor did they show signs of functioning as a wetland area, On July 9th, after a week of heavy rains both areas became Inundated with overflow from nearby drainage ditches, which were being filled from out pumps. Throughout the remaining survey period this area remains as a wetland, Potential Habitat for These Listed Species: . Sandhill Crane (Grus canadensis pratensis)- T . American Alligator (Alligator mississippiensis)- SSC . Listed Wading Birds (snowy egret, little blue heron, tricolored heron, white ibis)-SSC . Alligator Snapping Turtle (Macroclemys temminckii)- SSC . Wood stork (Mycteria american 0)- SSC Listed Species Observed in This Habitat: . Listed Wading Birds (snowy egret, little blue heron, tricoiored heron, white ibis)-SSC I 3. LISTED SPECIES SURVEYS Wildlife and listed species surveys were conducted by Turrell, Hall, & Associates on the project lands, As used herein, the term "listed animal species" refers to those animals listed as endangered or threatened by the US Fish and wildlife Service (FWS) or the Florida Fish and Wildlife Conservation Commission (FWC) as well as those animal species listed as species of special concern by the FWC, Several animal species listed by FWC are also classified (listed) by the South Florida Water Management District (SFWMD) as wetland dependent species, Turrell, Hall, & Associates' wildlife/listed species surveys were supplemented by research concerning listed species, The following subsections document these efforts and the results of these efforts. 3.1 DATABASE RESEARCH Agenda Item No. 170 November 9,2010 Page 320 of 373 Immokalee Sand Mine - Existing FlUCFCS & Listed Species Survey P age 110 Prior to field investigations, color, false-color Infrared, and black and white aerial photos, soils maps, and prior FLUCFCS mapping for the Mine property were reviewed to identify the various vegetation associations potentially present on and adjacent to project lands, Various publications and databases were reviewed to determine listed plant and wildlife species which could occur and those that had been previously documented on or near the project lands as well as to gather information concerning listed species. Based on the habitat types identified, existing knowledge of the project area, contacts with other consultants, and review of publications and databases, a preliminary list of animal species with the potential to occur within or near the project lands was determined. 3,2 FIELD BIOTIC SURVEY METHODOLOGY Intensive biotic and listed species surveys for the proposed project were conducted by Turrell, Hall, & Associates in July, August, and September of 2008, Table 4 provides the specific dates and times of these surveys and the total number of man-hours spent surveying on a given date. in excess of 80 staff hours (man-hours) have thus far been spent conducting the surveys, Surveys were conducted such that observations Included time periods ranging from sunrise to sunset. Barring seasonal considerations, the survey dates allowed for observations during iikely times of probable occurrence for the majority of the listed animal species which could occur on or immediately adjacent to the project lands, The field surveys consisted of ecologists walking and/or driving an ATV in relatively straight and meandering transects through the various habitats found on the project lands. Space between transects usually varied, depending on type of habitat, visibility limits, and density of vegetation, Some observations were made from field vehicles driving slowly through open areas such as the interiors of active row crop fields. Observers were equipped with compass, aerials, wildlife and plant identification books and notes, binoculars, field notebooks, handheld GPS units, and cameras. Aiong the transects, the biologists periodically stopped, looked for wildlife and signs of wildlife, including tracks, and listened for wildlife vocalizations. The approximate location of observed listed wildlife and their numbers were mapped on aerials and recorded in fieid notebooks on a daily basis as were signs of listed wildlife species that were noted. In the same fashion, observed non-listed wildlife species encountered or signs of such species were recorded daily and photographs were taken when possible, When performing pedestrian transects through appropriate habitats, particular consideration was given to iooking for signs of gopher tortoises and crested caracaras. Potentially suitable gopher tortoise habitats were surveyed for gopher tortoise tracks, scat, burrows, and individuals, These efforts included examining berms associated with the Mine property's row crop fields and citrus groves (e,g. perimeter berms, larger berms along drainage ditches, etc.) and pasture areas as well as the more natural upland habitats present. Where there were areas on project lands containing cabbage palms, the palms and larger shrubs near the palms were examined for caracara nests. The field survey methodologies utilized on the project lands were generally consistent with those prescribed by the FWC (GFC, 1988), The following provides a discussion of how the methodologies employed deviated from the specific subcategories of wildlife survey methods recommended in the referenced FWC (formerly GFC) document. Agenda Item No. 17D November 9,2010 Page 321 of 373 Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey' . pagelll "Wetland Surveys" Methods used were consistent except for: (1) Some wetland areas received greater than five days of surveying while others (areas dominated by dense Brazilian pepper) received fewer than five days of. surveying; (2) Surveys addressed more species than those listed in the 1988 GFC publication, "Upiand Surveys" Methods used were consistent except for: (1) In the majority of cases, the density of transects occupied exceeded the recommended density; (2) Surveys addressed more species than those listed in the 19B8 'GFC publication, "Small Mammal Sampling" No small mammal trapping was performed. None of the species listed under this methodology could be reasonabiy expected to occur on the project lands due to inappropriate habitat and/or the range of the species not extending into the project area, "Herpetofaunal Surveys" Methods used were consistent except the funnel trapping recommended was not conducted, Only two of the species listed, indigo snake and gopher frog, couid reasonably be expected to occur on the project lands, It is possible that Indigo snakes exist but were not encountered during pedestrian transect surveys due to their elusive nature. Gopher frogs could theoretically exist in limited areas, however this is unlikely, "Gopher Tortoise Burrow Surveys" Methods used were consistent except for: (1) surveys included covering habitat types not listed in the GFC publication; (2) survey transects occupied a higher density of transects than is recommended plus covered a higher percentage of potentially suitable habitats than is recommended; (3) survey transects included habitat types not normally considered appropriate for gopher tortoises, 3.4 RE5Ul T5 3,4,1 Research Results The review conducted of the various existing databases concerning documented listed species (FWC, 2003; FWC, 2006b through i; FWC, 2007a and b; FNAI, 2006a) did not reveal records of any listed animal species documented on the project lands, Turrell, Hall, & Associates' review of these existing databases included searching records for documented listed species occurring within approximately 10,000 feet of the Mine property boundary, Figures 5 through 16 show the locations of various listed species occurring in the "query" area (I.e. the Mine property itself plus lands within 10,000 feet of the property) as documented in the databases searched, Listed animal species previously documented outside the project lands but within 10,000 feet of the Mine property included listed wading birds, Florida black Agenda Item No. 170 November 9, 2010 Page 322 of 373 Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey Page 112 . bear, and Florida panther. Four wood stork colonies were also previously documented off-site in the query area, According to FWS a major reason for the wood stork decline has been the loss and degradation of feeding habitat and approximates their foraging area to be an 18,6 mile radius around the rookery, Databases show four wood stork foraging areas which overlap the project lands. 3.4,2 Listed Animal Species Observed on the Immokalee Sand Mine Property Several different animal species, including some listed species, were observed during the course of Turrell, Hall, & Associates' wildlife/listed species surveys,lable 5 provides a listing of all the wlldiife species observed on the Immokalee Sand Mine property during the course of these surveys. Figure 17 illustrates the approximate locations where listed animal species were observed in these areas as well as the approximate locations where listed animal species were observed on lands adjacent to the Mine property, The following subsections briefly address the listed animal species observed onsite (i,e, within the Immokalee Sand Mine property boundary) and in the nearby areas, American Alligator Several American alligators (Alligator mississippiensis) were observed on the property on multiple occasions, No alligators were seen in the off-site areas. On the Mine property, alligators were exclusively observed within the main agricultural drainage ditches (FLUCFCS 513), specifically in the wider ditches in the northeastern portion of the property, Most alligators observed were juveniles, however larger adults were also seen. It is likely that some alligators reside on-site throughout the majority of the year whereas others may typically reside in off-site wetlands, migrating to the Mine ditches and deeper wetlands when water levels decline in the off-site wetlands. Crested Caracara Both the FWC and the FWS classify the crested caracara (Caraeara cheriway) as a threatened species, Crested caracaras were observed on almost every site visit during the course of the biotic survey. At least ten individuals (adults) have been observed at a time toward the western boundary of the subject property, adjoining the nearby citrus groves (see Figure 6 for observation locations). Turrell, Hall, & Associates found what is believed to be a caracara nest in a downed pine tree on the eastern boundary of the project lands. Two adult caracaras were observed near the nest on the day of observation. Staff did not attempt to look into the nest, thus it is not known whether any eggs or chicks were present and no caracara vocalizations were heard. Given these limited investigations, it is not possible to say whether the documented nest was currently being used by caracaras although the nest appeared to be In relatively good condition. Many caracaras were observed on or flying over the project lands during Turrell, Hail, & Associates' surveys, A subsequent survey of potential caracara habitats situated on the Mine property during the typical breeding season will be conducted in coming months. Agenda Item No. 17D November 9,2010 Page 323 of 373 Immokalee Sand Mine - Existing FLUCFCS &- Usted Species Survey ----- ... ---. . Pagel13 There is no real habitat suitable for 'caracara nesting on the project lands, Ail' areas were thorough1r--- Inspected for the presence of existing caracara nests or signs of past nesting activity, however no such signs were encountered, Cabbage palms are favored by caracaras for nesting, however none occur on the projects or within the direct vicinity, It appears highly unlikely that any caracaras presently nest on the Mine property given these factors, The-erested-earacaras obse",ed near the site likely reside (nest) on offsite lands where more suitable nesting habitats exist. Considering the documented presence of these birds near the project, It is likely that dozens of caracaras frequently hunt and forage in various habitats on the Mine property (e,g. row crop fields, pastures, edges of drainage ditches, etc,), It is also possible that caracaras may sometimes forage within the open wetland and upland habitats present within off-site areas similar to those found on-site. Based on the results of Turrell, Hail, & Associates' survey, It is clear that caracaras presently do not use any project lands for nesting purposes, Little Blue Heron Two little blue herons (Egretta caerulea) were observed on-site on different occasions, One of these sightings involved a solitary heron foraging in the agricultural drainage ditches and around ponds, On the other occasion, a little blue heron was observed foraging in the area mapped 619-Brazlllan Pepper. No little blue heron nests were observed in any wetland areas nor were there signs of any past nesting activities by any wading birds. The little blue heron is an opportunistic feeder and travels long distances to find good feeding conditions, going where conditions are favorable and food is potentially abundant. This is also the case with the other listed wading birds discussed below (i.e. snowy egret and tricolored heron). It is highly unlikely that these species ever nest within the on-site wetlands considering the proximity of the adjacent agriculturai operations and the inappropriate habitat types present In some of the on-site wetlands. The observed listed wading birds certainly utilize the Mine property and portions of the on-site wetland areas for feeding purposes and occasionally roosting, but these species are not permanent residents. Snowy Egret Only one snowy egret (Egretta thula) was observed foraging within one of the pond areas on the Mine property, No snowy egret nests or signs of nesting were observed on-site or in the adjacent areas, Tricolored Heron Numerous tricolored herons (Egretta tricolor) were observed on different occasions foraging within the main agricultural drainage ditches on the Mine property and other wetland areas, One was seen foraging In the onsite area mapped as Brazilian pepper wetland, No tricolored heron nests or signs of nesting were observed on-site or In the adjacent areas. White Ibis The white Ibis (Eudocimus a/bus), may sometimes forage in the Mine property's agricultural drainage ditches and some of the on-site wetlands when water levels are appropriate. It is doubtful that any significant foraging occurs in wetlands mapped 619 due to the density of Brazilian pepper here. Agenda Item No. 17D November 9, 2010 Page 324 of 373 Immokalee Sand Mine - Existing FlUCFCS & listed Species Survey P age I 14 Indications are that wetland areaS mapped as 740H are rarely inundated for significant periods thereby reducing foraging potential in this wetland, However, ibis may forage Inundated areas as well as pasture settings and even row crop fields, particularly when these fields are tilled, No signs of white ibis nests, wading bird rookeries, or fairly permanent roosting sites were found on the project lands, Florida Sandhill Crane There are two subspecies of sandhill cranes that can regularly be observed in Florida. These are the Florida sandhill crane (Grus canadensis pratensis) and the Eastern greater sandhill crane (Grus c, tabida), which arrives in Florida In October and begins spring migration in February, The two subspecies cannot be distinguished from each other in the field, however, sandhill cranes observed in Florida during May through September can be assumed to be the Florida sandhill crane. The Florida sandhill crane is listed by the FWC as a threatened species and as a wetland dependent species by SFWMD, The greater sandhill crane is not iisted. Given the time of year when Turrell, Hall, & Associates performed biotic surveys for this project, it was assumed, but not confirmed, that the two sandhill cranes observed during the surveys were the listed Florida sandhill crane. Two Florida sandhill cranes were observed on-site on the same day during the survey period but were not seen in the adjacent areas. Those seen on the Mine property were foraging in a recently tilled row crop field (FLUCFCS 214) in the central portion of the site. No Florida sandhill crane nests were found on the Mine property or in the adjacent areas, Habitats present on-site, including the on-site wetlands, are primarily not suitable for nesting. Although this species will sometimes nest in dry pastures (present on-site as FLUCFCS 211), cranes prefer nesting in open areas of standing shallow water such as wet prairies and shallow herbaceous marshes. No signs of any current or past nests were seen in these wetlands and more desirable nesting habitats are present in the general vicinity of the project, It is deemed likely that Florida sandhill cranes visit open fields of the Mine property for foraging purposes but do not ever nest on-site. 3AA listed Animal Species Which Have the Potential to Occur On the Immokalee Sand Mine Property But Were Not Observed Although not observed on the project lands during the extensive listed species surveys, additional state and/or federally listed faunal species could potentially occur on the Mine property or on lands adjacent to the property, Based on habitats present within these areas, land uses, species observed near the project during biotic surveys, habitats present in the general area, review of various sources of information previously, and personal experience of project ecologists, assessments were made as to the probability of occurrence of other listed species on the project lands. Two species of mammals, 4 species of reptiles, 1 amphibian species, and 8 species of birds were considered to have some potential for occurring on the Mine property and/or on lands in the adjacent areas, These species are listed in Table S. This table provides the state and federal designation status of each species. Wood Stork Agenda Item No. 17D November 9, 2010 Page 325 of 373 Immokalee Sand Mine - ExistingFLUCFCS~&ListedSpedesSuriley------- P age I 15 These large (+/- 100cms long) long-legged wading birds, (Mycterio omericono), are found in coastal areas from the southern U,S, south to Argentina, Plumage is white with a black tail and two black wing feathers, Other characteristics include a long curved bill and unfeathered grayish heads and necks, The wood stork nests in colonies, typically (in Florida) in cypress or mangrove habitats where woody vegetation exists close to standing water. Nesting has also been known to occur in manmade surface water structures, While historically large nesting colonies were found In southern Florida, particularly Corkscrew Swamp, Okaloacoochee Slough and the southern Everglades, aerial censuses beginning in the late 1950's began to show a decline in population from perhaps 20,000 to approximately 4,000. The Everglades are still important feeding grounds during the winter dry season. The birds are long-lived and relatively mobile within their range and have proven adaptable to the man-induced changes in south Florida's environment. Provision of adequate habitat and water management decisions favorable to the species' particular food requirements is crucial. With a diet comprised of small fish and macro-invertebrates (2-25 cm in length), feeding areas are shallow water bodies (S~40 cm deep) where prey becomes concentrated, Densities at feeding sites of 15-141 fish per square meter have been recorded, Sufficient hydroperiod is necessary to allow development of a fish population and as a pond or depression dries the storks feed by feeling In the shallow water with open bills. Birds may stir up the benthic vegetation with their feet and as the prey move away, snap the bill shut, Using touch allows feeding in water of low visibility but requires a greater prey concentration. Storks will fly some distances between feeding and roosting sites. The reproductive process lasts between 110~lS0 days beginning with elaborate courtship and pair formation displays, An average clutch size of 3 eggs is laid and both parents participate in care of the young, with 1-2 fledged per nest. Incubation lasts 30 days and one adult remains with the young in the nest for 3-4 weeks, food is delivered by one of the parents between 3-12 times daily, The loss or alteration of early winter foraging sites in Big Cypress and the Everglades has led to a shift in colony formation from November - December to January - March. Future restoration plans for this region will be important, The readiness with which the species will forage and or roost In artificial or man-made sites means that with careful water management, colony sites could be developed and maintained, No wood storks were observed during the course of this survey, It is likely wood storks frequent the site on occasions to forage in drainage ditches and possibly within certain on-site wetlands. No wood stork nests or signs of nesting were observed in the project lands, The closest documented wood stork colony is located several miles south east of the Mine site known as 619141. (see Figures 5 through 14)), Florida Black Bear Agenda Item No. 17D November 9,2010 Page 326 of 373 Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey P 2 g e \16 . The Florida black bear (Ur5u5 americanu5 f/oridanu5) Is listed as threatened by the FWC and is classified as a wetland dependent species by SFWMD. Black bears are known to travel great distances to forage and mate, The range of habitat types used and traversed by the Fiorlda black bear Is very broad and could theoretically encompass portions of the project lands. A review of FWC data for black bear revealed that the project lands are within a primary biack bear consultation zone, During the course of Turreil, Hall, & Associates' biotic surveys, staff did not find any Florida biack bears or positive signs of this species' presence. It is extremely unlikely that any black bears would den on the project lands. Suitability of the majority of the project iands for bear foraging Is very low, thus it is anticipated that chances of bears using the project lands to any significant degree are limited, There Is a fair chance that black bears may occasionally roam through portions of the project lands considering the absence of intensive development and the presence of moderate to high quality habitats in close proximity to project lands, Florida Panther The generally accepted figure for the number of Florida panthers remaining in the wild in southern Florida is between 30 and 80, This species is one of 27 subspecies of the puma, Puma (Felis) conc%r, which is widely distributed in the Americas. The Florida panther exhibits reduced chromosomal variability and biological traits include a dorsal hair whorl, crook at the end of the tail and white flecking around the neck and shoulders. Averaging 200 cms in length and between 32-72 kg in weight, tracks show 4 unclawed toes arrange asymmetrically around the three lobed heel pad. Paw widths are approximately 5 cms across. Reproductive characteristics are considered similar to mountain lions (pumas) which produce 1-6 young every 2 years with gestation iasting just over 3 months and litter sizes ranging from 1-4. Kittens are born in densely vegetated thickets and weighing about SOOg, remain with their mothers for 12-18 months, leaving the den after 2 months, The males breed with several females in their home ranges with peak breeding period fall and winter, The cats live between 10 and 11 years, Home range sizes for males are about 400 square kms, half that for females which will select ranges with a higher density of prey, Panthers have been found in many vegetative communities with day use sites typically dense palmetto areas surrounded by swamp, pine flatwoods or hammock. Where cover is available adjacent to agricultural lands these areas have been used, Historically the distribution of panthers was closely related to the white tailed deer (Odocoileus virginianus). Agricultural practices, cattle and domestic pig introduction and the expanding human population have considerably changed environmental conditions for the species which however has shown the ability to adapt, including a tolerance for moderate human disturbance as long as cover and dietary needs are met. Diet includes white tailed deer, feral pigs, raccoons and armadillos. Smaller prey such as the raccoons and armadillos are especially important to dispersing males that may still be too young and inexperienced to tackle full- grown deer, The geographical isolation of the Florida panther and low population numbers makes It especially vulnerable to habitat loss and continued fragmentation in addition to natural disasters (disease or Agenda Item No. 17D November 9, 2010 Page 327 of 373 Immokalee Sand Mine - Existing FlUCFCS & listed Species Survey Page 117 hurricanes) which could prove catastrophic, Continued presence of this remnant population Is a result of the large blocks of natural land in public ownership in south-west Florida, including the Big Cypress preserve, Fakahatchee Strand and Florida Panther refuge, Radiotelemetry (collar) studies have been used since 1981, providing key information aiding development of conservation measures and management techniques, These include maintenance of a mosaic of agricultural and forested lands, subject to frequent burns which keeps many plants in a successional stage favorable to deer, Actions which aid the deer population, such as artificial feeding, may also support panthers. Most crucial as a Statewide measure is land acquisition of key parcels into public ownership and limited expansion of agricultural lands, As vehicle collisions cause the greatest known mortality averaging one death per year since 1979, underpasses such as those built under 1-75 (with documented use by three panthers) are important as are reduced speed zones in key areas of U,S, 41. Eastern Indigo Snake The eastern Indigo snake (Drymarchon corais couperi) was federally listed as threatened in 1978 due to dramatic population declines caused by over-collecting for the domestic and international pet trade as well as mortalities caused by rattiesnake collectors who gassed gopher tortoise burrows to collect snakes (43 FR 402B), The Eastern indigo snake is the longest snake in the United States, They are a non-poisonous, glossy black snake with smooth iridescent scales, The chin and throat may be rusty or white blotched, The young snakes are similar to the adults but may be lighter in color and exhibit a mottled dorsal patterning, Adults can reach lengths of more than eight feet. The snakes are similar in appearance to black racers (Coluber constrictor) but the black racer Is generally smaller and lighter in color, The Eastern indigo snake can inhabit a wide range of habitats including, but not limited to pine flatwoods and wet prairies. Given their preference for upland habitats, they are not generally found in the w'ettand complexes of the Everglades region. Individuals can be wide ranging and have been known to utilize areas of over 250 acres, The snakes are most active during daylight hours (diurnal) and actively search for prey. Indigo snake prey can include frogs, snakes, small mamma is, and birds. While not much is known about breeding behavior In the wild, the snakes are believed to breed in late winter and early spring, Eggs are laid in late spring and early summer and abandoned. The young are precocious and fend for themselves immediately after birth. Gopher Tortoise The gopher tortoise (Gopherus polyphemus) is listed as a Species of Special Concern by the FWC. Gopher tortoise burrows were observed on the Mine property in the berm on the northwestern border of the property. However, further investigation of these burrows suggests that they may have been originally dug by a gopher tortoise but other species reside in them currently. Tracks and scat around active burrows suggest armadillos are the current residents of these holes, Agenda Item No. 170 November 9, 2010 Page 328 of 373 Immokalee Sand Mine - Existing FLUCFCS & Listed Species Survey Page [18 Gopher tortoises prefer upland habitats, particularly xeric scrub communities and higher elevation pine f1atwoods, They can also be found in disturbed upland areas including fallow and abandoned agricultural fields, perimeters of active crop fields, and pastures. It is deemed unlikely that this species resides on the Mine property, Indications are that, during the wet season, the area water table is relatively close to the surface, This condition does not favor the presence of gopher tortoises, There is a very limited probability that gopher tortoises might inhabit upland areas within off-site areas. Since no direct signs of gopher tortoises were observed in on-site areas and given the poor quality of these habitats and the high ground watei tablel chances seem remote that any gopher tortoises are actually present but were not found during the biotic surveys performed on project lands. Gopher Frog Gopher frogs (Rana capito), listed as a Species of Special Concern (SSC) by the FWC, are potential commensals with gopher tortoises. No gopher tortoises or signs of such tortoises (scat, tracks) were found on the Mine property or in the adjacent areas, As discussed above, the probability that any gopher tortoises inhabit project lands is minimal hence it is also unlikely that any gopher frogs reside on project lands, Although gopher frogs are highly dependent upon gopher tortoise burrows for shelter, they occasionally also find refuge in other burrows (crayfish, rodent) and features such as stump holes. Such features are present on the Mine property, however the on-site wetlands are not suitable gopher frog habitats and nearby wetlands are a necessary component of the frog's life cycle. Portions of the wetlands present on-site could theoretically form suitable gopher frog habitat, however it is unlikely this species is present considering the degraded quality of many of the nearby uplands and the general rarity of gopher frogs. Alligator Snapping Turtle Alligator Snapping Turtles (Macroe/emys temmincki) are one of the largest freshwater turtles in the world. It can be distinguished by its very large head and the three prominent knobby ridges along Its back, Aithough no snapping turtles were observed, they have the potential to inhabit drainage ditches and ponds on the project lands. 3.4,5 General Wildlife Observations During the biotic surveys conducted on the project lands, ecologists recorded sightings and signs of non- listed wildlife in addition to listed species. Table S contains all non-listed wildlife observed on the project lands. Signs and observations of larger mammals, such as bobcat, wild boar, and white-tailed deer, were observed in portions of the Mine property. Other mammals observed on the Mine property were armadillo, opossum, raccoon, eastern cottontail, and marsh rabbit. Observations of non-listed bird species were generally widely scattered and low in number. Although several species of non-iisted birds are indicated in Table 5, the actual number of individuals and number of species observed during any given period of wildlife observations was typically low. A few of the non-migratory bird species may reside on the project lands, however no nests were observed. Observations of non-listed herpes were Agenda Item No. 17D November 9,2010 Page 329 of 373 Immokalee Sand Mine - Existing FLUCFCS & Usted Species Survey P age I 19 largely restricted to the Quarry property's agricultural drainage ditches, On one occasion a ring-necked snake was seen in the mapped area 740H with a small frog in its mouth, Primary panther prey species are white-tailed deer (Odocoileus virginianus) and feral hog (Sus scraja) (See Figure 16), Given the Mine property's proximity to oft-site natural habitats in which panthers have been documented, attention was given to searching for these major prey species during the course of the biotic surveys, The prevalence of deer and hogs on the Mine property is extensive. Deer have been observed mostly foraging within the citrus groves, however, tracks have been observed throughout the property, Most of the deer observed were female, however young bucks were spotted on two occasions, Hogs utilize the project lands probably more than any other mammal occurring in these habitats. Evidence of rooting is found throughout the property, predominately in wet prairie, improved pasture, and Brazilian pepper area, Numerous hogs were observed during this survey, including groups of baby hogs, signifying that they make this area a permanent residence, 3.4,6 Usted Plant Species According to the FWS, no federally listed plant species have been documented in Collier County (USFWS, 2oo6b). No listed plant species were observed on the project lands during the course of the listed species/wildlife surveys conducted and a review of pertinent databases concerning listed plant species found no records of such plants occurring on project lands or within 10,000 feet of these lands, Considering these points, it seems highly improbable that any plant species currently listed by FWS may be present on project lands, V> <: o :e '0 <: o U '0 <: '" V> '" E i= >- '" t: :J '" V> '" 'w '" 0. '" '0 '" ~ V> :::; >- >- >- >- >- a: '0 '0 '0 '0 '0 W :J :J :J :J :J ::t: >- 0 >- >- 0 0 0 >- 0 ... <: U <: <: U U U <: U <: c c c <( :J >- :J :J >- >- >- :J >- W V> 1:' V> V> '" 1:' 1:' V> '" ;: ~ ~ '" '" '" '" '" 0. 0. 0. 0. 0. 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Planning Visualization CON S U L TI N G Civil Engineering ..a.. ......, , .L .JL Surveying & Mapping Project: Proj, #: Calculated By: Checked By: lmrnokaLee Sand Mine 080095,00,00 JJS Date: 13-0cl-08 EJR Date: 22-0cl-08 lmmokalee Sand Mine Pre-Development vs, Post-Development Analysis Content - Assumptions _ Pre. development Load Analysis _ PoS! 4 development Load Analysis . Storm Treatment . Recommendations . Land Use Summary . Lake Volume 5:';100$'.080095,00.00 Imm{l!:.IIt;t 51111d MincilOOt> foodiliOfllll UM' App Prc:p.Hlln'e}" H~rpe" ::!OOt-l 0.13 H!,,"e~;Hllrptr Willer Quality .~ls I02)::Wnti "',I~ .u Agenda Item No. 17D November 9, 2010 Page 334 of 373 D'XZA1Nc' Planning Visualization CONSULTING Civil Engineering ..... '"' , .L .... Surve);ng & Mapping Project Proj. #: Calculated By: Checked By: JJS EJR Immokalee Sand Mine 080095,00,00 Date: 13-0ct-08 Date: 22-0ct-08 Immokalee Sand Mine Pre-Development vs, Post-Development Analysis Assurnntions 1. Pavement and roof aTe considered to be directly connected impervious areas. 2. Hydrologic Soil Group D was delennined based on the USDA Collier County Area, Florida, Sojls Survey. Soils in the project are classified as predominately lmmokalee Fine Sand. 3. Ground cover information was obtained from the Environmemallmpact Statement FLUCFCS and Wetland Map prepared by Ture1!, Hall & Associates, Inc. Existing conditions are predominately agricultural, 4. The total Project Area will consi~t of897.98 acres. 5. The total Drainage Area will consist of788.79 acres for which the water management system will be constructed. 6. T11ere will be a berm constructed around the \valer management system (Drainage Area). with a minimum crest elevation set at the 25 year 3 day peak plus 3 feet for freeboard. 7. Project runoffwiJl discharge to the east inlo the existing drainage ditch during mine reclamation. 8. Calculations based on the June 2007 Evaluation of Current Stormwater Design CriTeria within the State ofFJorida. S~IJOO8\O&00<J5,OO.OO IInn10kalee Sllnd Millc\(l006 Condiliclnat US( App Prcp\H!n'e)' Harpcl\2008-10-13 HalVe)' Harpel' Walt)' Qualil)'.xls '_0'1 10123120(1& n.., ..u D\X~^INC.... ... Planning Visualization CONSULTING ChilEngineering .&. "" , .L .... Surveying & MUppUlg Project Proj.#: Calculated By: (,hecket! By: lmmokalee Sand Mine Pre-Development vs, Post-Development Analysis PrNievelonment Characteristics Land Use Summan' Land Un CaCegol1' Area Conditions ~Rj . 276.00 Good 511.59 Good 1.20 NIA 788.79 Row Crops C'itmsGrove Wetland Ground Cover J Soli r"Dt Ground Cover HSG Row Crops Citrus Grav€' Wetland o o Hydric J mncn10us Area I %,DCJ A Impervious fl/. o DCJAo/" o Curve Number I Runoff Coefficient Land Use Cate~ory non ~ DelA eN CValue l"M1Tl'l'jj.l~h\(2.k l'~""^f'lUWIi,(':Z.H"~ Row Crop (HSG D, good condition) Citrus Grove (HSG D, woods tree fann, @ood condition) Wetland (HSG D, woods in good condition) 89 79 17 0,249 0,]23 0,110 'Tp'HTedllllcalll.~ "'\'IlOlI\fI!~_Oll.()O IlllmO~ilc( s.rn\ Mil1r'O{)l)!,. CM(\;I;onslllsr ....Pl' p.'rp\HJlw!' H,'~r.JOO>\-H1.l.l }o!1""'~ H")JC"r WIIn Qualioy.~~ Agenda Item No. 17D November 9,2010 Page 335 of 373 Jmmokalee Sand Mine 080095.00,00 JJS D3te: 13-0<'-08 EJR Date: 22.-0c:t-OB IUl2.\l2lltl~ Agenda Item No. 17D November 9,2010 Page 336 of 373 D'X~^JIolC' Planning Vif>ualization CO N S U L Tl N G Civil Engineering .&. 'L.' , .L .1 SUlveyin~ & M.ppin~ Project Pro), #: Calculated By: Checked By: Jrnmokalee Sand Mine 080095.00,00 JJS Dale: 13-0<1-08 EJR Dale: 22-0et-08 Annual Runoff Volumes Annual Runoff VoL "'" Annual Rainfall (inlyr)" Area (ae) " C Value * OftlJ2in) Land Use CategoT)' Annual Rainfall Depth Area C Value Runoff l..cn..)""'lh,.... "I'f..,n.!;. ^..I _..~')' Row Crops Citrus Grove Wetlands 51.50 51.50 51.50 276.00 511.59 1.20 0.249 0.123 0.110 294.94 270.06 0.57 Runoff Characttristics Land Use Ca1tgory Total Njtro~cn (TN) Totall)hosphorus !TP) ",~1 ." Row Crops ('itrus Grove Wetlands 2.65 3.32 1.15 0.593 0.170 0.055 h'''n)'"Io~.llR,,"'nni''> n,\~\ l,ok ~-Il_ n"",, S~'Ul/I, OJo"dl')"( ',,!Ii.., l 'M"'~) 1'1..,,, 1,b1<'4_IJ.1Jnok""~'J".'OI,~,",.,1."J'h.<" Pre-develol:tment Loadinf!! of TN & TP TN load (kglyr) = Runoff{ac-Nyr)" 43,560 ft^2/ac '" 7A8 gallft^3 '" 3.785 liter/gal ~ TN (mg/!)'" 10"-6 (kg/mg) TP load (kg/yr) = Runoff (ac-ftlyr) '" 43,560 ft^2/ac" 7A8 gal/ft"3'" 3.785 liter/gal. TP (mgll) -.t 10".6 (kg/mg) Land U5e Catel!:orv Runoff T otaJ Load .....'.fl.)' "rl)T TN TP Row Crops Citrus Grove Wetlands 294.94 270.06 0.57 963.91 1,105.72 0,80 2,070.44 215.70 56.62 0.04 272.35 Total S:I201'S',OlIf)lI!,l_~.l~).lin hnmo!;al<< SaM Mj~d~IIJ(, (cncl"'n".1 VOl' ....!lIll>n:p..H."'cr Harpc,,]tMl.'<.Ill.I.' H.I~: H.']>tr W,ln Qulil)'.~11. IUf;n"llUll Agenda Item No. 17D November 9,2010 Page 337 of 373 O'XT.~lNC. Planning VisualU:ution CONS\JL TIN Civil F..l1J:1.inecrinij ~ '-' , .L ... Surveyin!l &. Mapping 1'1'0)", Proj..: tl\lculatedB)': Checked By: ImmokaJre Sand Min. 080095.00,00 JJS Date: EJR Dille: )3-0rMl& 22~Orl-o. Imffiokalee Sand Mine Pre-Development vs, Post'Development Analysis P'osl.orl'elonl1l,nf Cha"dfrbti~. Land Un Summar'- omcfArea Llllf Open Space f Haul PreseNf TOTA:J::; Roo' - - :U6 60b.84 1'18.59 0.00 78&,19 Ground Co,.. COJldition Soli T''Pt (HSG) '1flI\lT~11llIc;ootS~la"\llcHA Opt1lSpa<< P." D OffittAru TOTAV DCIA - D6 1.68 0.21% 1>>$ln Sl\ndMillf GrmmdCo"u/SoUT\lDfJ Open Si>>ce J Haul Road hnDfrviouJ I DeJA Artli Buln SBJ\dMint '~Il%Drll\ Curve "'timber I RUlloff Coefficient Cornposhe non-DeJA Cun', Number & Runoff (oemel,nl CN for Open Spacc HSG 0 AuulnedC"Nfor.imperviOlls .. " From T<.>:I~"cnl Elc:h:/I"(' ~\ hbk ..2~ Basin OpwSpau Imptn'jous Aorta (non-DeJA) l'lOI\-DClA CN CValu~ - .....A."...Ii"."....,.1 SandMill~ 178-59 1.6B 89 0.249 Annual Runo"Volum~i Annual Runoff Vol '" Amlu~1 Rainfall (inlyrJ. Arca lac). C v~lut . Oft/12m) Mint AnnUlllRalnfall .-~ 1_~A..\ 51.5 Area- CValllt Runorr Balin Land Uu - Sand Mine 181.95 0.249 -., 194.44 . bdul\el. "'on~t1 "~"Iil~l",,,'I.'r'l<'''1< 11....rlUla} RunoffCharacterlstiu ~_1.......1' TotalNllro~en .' TofalPhoSlllloTU5 .' MininlllEx\TllClivt l.IB 0.15 P051-df\'tkmmenl Lnadinl!5 or TN &: TP TN load lkliyr)'" Runcff(lIc.fi,/yr,* .(3.560 fl~2fac * 7.48 l:lallf1~3 . 3.7g5Iilcr/~1 . TN (l1'l!!/I}' 10"-(> (kgll1'llll TP load Ocl!/yr) "" Ruooff\ac-fl/yr)' 43,560 ft"2/ac . 7.481!aVft'3 . 3.185 Wer/llal' TP Imf:\/l). 10"-6 (kf:\/Ing.) Sand Mine Mine 194.44 Total Load "" TN 282.95 "" TP 35.91 Basin LandUlr Runoff -." <. "..._.....",,,...., ,._,"'.....><-Jt.i""'tIl~of.l'.....J>I....~II"'''l'I'l\.1'.\I,,'',,) 11"p.:> ~"";.W,11Il>o1"" l~, W"", ~I~;'b I"'~.; :<~.. ~.I.'AM Agenda Item No. 17D November 9, 2010 Page 338 of 373 D\XT.A'NC. Pllinniny Vj~ll.litlltion CONSl.1LTINO Q\'ilEnginocring ..&. .....,. , A. ..L 5l.lrveyinl,! &. Mappin~ Project Proj.N: CaleulaledBy: Chec\:edBy: lmmokalee S.nd Mint 080095.00.00 -ll.L.. Dale: H..Del-08 ~ Dale: 21-Oc:I-08 Immokalee Sand Mine Pre-Dev.elopment vs, Post-Development Analysis SlormTre1l1menl Ch_utterislle5 of WM Dtttation Trtatmtnt Lakt's U.k. Surfac:rAru ^'~ Mean Innlb " Volume M..,.imumDenth -. SlndMine 606.84 S6.7 52,635.2 100,00 TrUfmenf f'ro\.jded b" Lakes Lall~ DeLtl'uion Time iliarl" Vohl1ne (lCl't.fl)' Annuli R\lI1ofl't'l"R'{l')'I') '~6~ 6t)'~ TN Rtl11(>\,al<c 4~,7~. Lake Delem;on Time Il4._1~~ L.h Dt:lenlion Time) Fro", Fi~"Tt ~'lll TP Rtlnov.l. ~O.l:" u..'\7J' In lulce DeleO!inn Time)' 0,213' (In (l..ke Deltn\;on Tlmel~2 h"",, ri~"rt ~.~, Bn-In: Sand Mint Lah !kICfllilln Time (rlayl:o 200d.ll)'s ')m~~~.. u..a.~ ,n..i",,,,n .~l".llletlm,ion 1;"'~ il 'telllrr th.n 1lX' d.Y" Pllramrtn Jnputs Removal . DJsrhars:t TN TP RunofrVolumc 28:;.01:1:'/)'r :.6.0k!'iyr 194A aClt-fllyr 42.8 79_9 J61.8k~yr 7.24r.~yr 194.4acre.ftJvr ComDU"r Pre. and Post. dtVf!laomtnt LoadiM Panmtltr Prc-dc\'cloprncnl PDfI.dt\,tlopmcnl TN Tp 2,070.4kWl'r 272.4kglyr lul,Skg/yr 7.2kl!/yr F."lllulllt' Dcnlh of Pend Anol"la Mean TF' cone. in dischBrp.c Iml,!/I) " Annual TP dis. (kl'lyr). l'r/(QUlf1o,,: Vol.+ Lake Vol.) (ae.n t acl43560 ft"i . n'JOA8 gal . l'~lit785L . )0"0 ml"'F.~ Mean Cbyl-l\cone.lml'lm'31 " In \ehyl.aJ e 1,058' III (TP). 0,034 ('~ (J,058' In (TP) - 0.934) F.:q.4Ip6_M'1 Mean Stech! Disk SDdeplh 1m) '" (24.2386.0.304) . ehyl-a)! 16.0632 + chyl-a) Fm"'Fil"".6.14. DeplhofDO(ml'" 3.035' Seechi + 0.021641\ ehy!-a" 0.004979' Tf> E'l ~ (p, ""'~I u.k, Annual Tr Annual Volume McanTP McsnCh)'I.a Diu:hllrl!t Disch,r!!t C(lJlCl'ntl"llllon (onctnlNltion "" ...1,~, ,- ""'.....' 7,24 194.44 0.11 00< Mun Seeehl Deplh or Ano"lll Mun Depth of Disk DtrJch Lake Sand Mine 3.97 12.06 39.58 86.1"1 Recommendations J. The proposed syslell'l provides adeqllllt waler qua lily 1rCllUnenl and lhe di~cM.rge of lhe s)'slem is below (he predevelopmcllt lo~ds. , ...~""",...",..,.,j_"-,L"'""'''''~_''''~'''._~.i.,~'''..,,,.."~..o,,,.,no. "'__" ....,..,,, "U'-'._ "".~. "."., "_~" ... Agenda Item No. 170 November 9,2010 Page 339 of 373 D'XT.A1NC. Planning Visuali2Jl.tion CONSUL TING Oyil Engineering .JL ....., , .L .... Surveying & Mappu,g Project Proj. #: Calculated By: Checked By: Jmmokalee Sand Mine 080095,00,00 JJS !late: 13-0cl-08 EJR Date: 22.0ct~08 lmmokalee Sand Mine Pre-development vs, Post-development Analysis Lake Volumes Lake Number:. Sand Mine Elevation Control Elevation 35,50 Slope Break Z5.50 Toe of Slope .64.50 Are..a(Ac) ('ontrol Elevation 606.8 Slope Break 5787 Slope Break 578.7 Toe of Slope 459.3 Toul: Area (Ac) 606.8 578.1 459,3 Avg.(Ac) Depth 1ft} Volume (acre-n) 5n.7 , 10.00 . 5,n7.5 519.0 x 90.00 = 46,707.8 52,63S,Z S:'1(1O~"lll'Oll'1~.OO_lIn llflmolalc. Salld MiM'~X/fll\ \Ol1<i;',oml \hl' AI'P 1".I'\H,,,,~'lh'J>t,.:lOlJll. 10.1) ~1r:'1- Ha"l'rl Wiler Q<..lil}..~k III :?3'-lnn~ q.I\...M Agenda Item No. 170 November 9, 2010 Page 340 of 373 Immokalee Sand Mine - Listed Species Protection Plan Pagell GENERAL Educational pamphlets will be prepared and distributed to Mine personnel, mitigation contractors, and other contractors prior to commencement of Mine construction and initial wetland mitigation program activities, A supply of these will also be maintained at the main office for distribution to appropriate personnel and contractors during the life of the Mine operation. These pamphlets will contain: illustrations of the species discussed in the following subsections; general descriptions of these species; potential habitats in which each species may occur; as applicablel descriptions and/or i1lu~trations of species nests/burrows/dens; general protocols and procedures to follow If a particular species or species nest/burrow/den is encountered, and; contact information for parties to be notified if a particular species or species nest/burrow/den is encountered, These pamphlets will emphasize that harming or harassing listed species as well as disturbing or damaging a listed species nest/burrow/den is strictly prohibited. ALUGATORS Several American alligators (Alligator mississippiensis) have been documented on the Immokalee Sand Mine property utilizing the larger agricultural ditches (includes ditches used for drainage and irrigation purposes) and some of the on-site wetlands, These alligators likely include individuals that frequent the property on an occasional basis and individuals that reside in appropriate habitats on a relatively permanent basis, To protect aliigators during project construction and mining activities, modifications to the existing on-site drainage ditches and wetlands will be conducted mindful of the potential presence of alligators. Egress points, for alligators to move out of the area being filled or excavated, will be made available, Mine employees, contractors, and other field personnel will be notified that alligators may be present and that construction and mining activities must be conducted to minimize the potential for alligators to be harmed. Should an alligator occupying an on-site ditch or wetland that is being cleared, filled, or excavated not initially leave the area on Its own accord through the established egress point(s), all activities that might harm the alligator will be ceased temporarily and will not be resumed until the alligator has departed the area. If It appears the alligator may not leave the area, a designated mine employee will contact the Florida Fish and Wildlife Conservation Commission's (FWC) Nuisance Alligator Hotline (1-866-392-4286) for further direction. It may be necessary for a duly licensed nuisance alligator trapper to capture the alligator and relocate it. Captured alligators may be relocated to other areas In the general project vicinity that are under the control of the current property owner, Potential relocation areas include existing agricultural ditches far from the habitat areas slated for impacts or other suitable off-site wetlands. No more that 3 weeks prior to conducting activities that will impact on-site wetland, W-2 or W-4 (I.e, clearing, excavation, or filling), the wetland to be impacted will be inspected by a qualified environmental professional. If an active alligator nest site is found during this inspection, the FWC will be contacted by the mine operator for further guidance. No work that could harm the nest site will be Agenda Item No. 17D November 9,2010 Page 341 of 373 Immokalee Sand Mine - Listed Species Protection Plan Page \2 conducted without authorization from FWC. The FWC may direct that the alligator eggs be removed and relocated by a licensed nuisance alligator trapper prior to resuming work that will impact the nest site, No disturbance of any alligator nests shall be allowed without first obtaining an appropriate permit from FWC, Typically alligators lay their eggs in iate June or early July with the eggs hatching in late August or September, however this nesting period may vary. Should an aggressive alligator be encountered, workers should contact the FWC by phoning the Nuisance Alligator Hotline (1-866-FWC-GATOR is current number; may change over time), Mine workers are prohibited from taking any actions against alligators, LISTED WADING BIRDS Little blue herons (Egretta caeru/ea), snowy egrets (Egretta thula), white ibis (Eudacimus a/bus), and tricolored herons (Egretta tricolor) have been documented foraging in various agricultural ditches and certain wetlands on the Immokalee Sand Mine property, Other listed wading birds may also occasionally visit the on-site ditches, some of the on-site wetlands, and appropriate wetland habitats in nearby off- site areas. These species couid theoretically Include roseate spoonbill (Ajaja ojaja) and limpkin (Aramus guarauna), No listed wading bird nests or rookeries have been found on the Immokalee Sand Mine property or in the nearby areas. Although it is unlikely that any of the cited listed wading birds will establish nests within the on-site wetlands or in the wetlands present in the adjacent areas, this possibility cannot be completely ignored, No more than 3 weeks prior to conducting any activities that will impact a particular on-site wetland during the nesting season (i,e, clearing, excavation, filling). a qualified environmental professional will inspect the wetland for the presence of listed wading bird nests, Similarly, no more than 3 weeks prior to conducting any mitigation activities that will significantly disturb an existing wetland areas during the nesting season (I.e, grading activities, initial clearing/removal of larger Brazilian pepper shrubs and trees). a qualified environmental professional will also inspect the wetland for the presence of listed wading bird nests. If active nests are found, a buffer zone extending approximately 300 feet beyond the nests in all directions will be established. No activities that might disturb the nests or nesting activities will be conducted In the established buffer zone until after the eggs have hatched and the surviving young birds have fledged and left the nests, Field personnel will be notified of the presence of the nest site(s) and buffer zones, which will be clearly marked, and advised to that any activities near the buffer zones should be conducted to minimize the potential for disruption of nesting, WOOD STORKS Wood storks (Mycteria americana) have not been documented foraging on the Immokalee Sand Mine property, however the site does contain potential foraging area, No wood stork nests, wood stork nesting colonies, or wood stork roosting sites have been found on the Mine property or in nearby areas. The nearest known wood stork colony is situated approximately 8,S miles east of the eastern Mine property boundary, Existing wetlands on the Mine property do not contain habitats suitable for wood stork nesting nor are these habitats suitable for establishment of long-term wood stork roosting sites. Despite the extremely low probability that storks may establish a nesting colony or important roosting Agenda Item No. 17D November 9, 2010 Page 342 of 373 Immokalee Sand Mine - Listed Species Protection Plan Pagel3 site within the project lands sometime in the future, a wood stork protection plan will be implemented as part of the Mine project. Prior to conducting any activities that will impact a given on-site' wetland and prior to conducting initial mitigation activities in wetlands areas, a qualified environmental professional will inspect the wetland for the presence of wood stork nests, for wood storks, and for signs of wood stork roosting. Similar inspections will be conducted prior to conducting mining activities within approximately 1,000 feet of these wetlands, Inspections will be performed no more than 3 weeks prior to the anticipated starting date of the activities that COUld affect wood stork nesting/roosting. If wood stork nests are found or if an important roosting site is documented (site that may be used annually and/or by flocks of 25 or more storks), all mine construction activities or mechanized mitigation activities (as applicable) within approximately 1,000 feet of the nest site or roosting site will be halted, The US Fish and Wildlife Service (FWS) will then be contacted for guidance in developing an appropriate management plan that will help ensure adequate protection for the discovered site and the wood storks utilizing the site, Should this scenario arise, the permittee will generate an appropriate management plan in consultation with FWS, submit the plan to FWS for their review and approval, and will then implement and abide by the management plan. The mitigation activities proposed within the Preserve area wili substantially Improve the habitat qualities of the existing wetlands, These improvements will eventually restore certain habitats that couid be used by wood storks for nesting or roosting purposes. The Immokalee Sand Mine wetland mitigation program includes conducting annual monitoring of the mitigation areas, This monitoring will include looking for wood stork roosting or nesting activities within that portion of the Preserve situated within native vegetation preservation area. It is quite unlikeiy that wood storks would establish a nesting colony in this wetland until several years after completion of annual monitoring (due to growth rate of trees to be planted), but wood stork roosting could theoretically occur during the monitoring period. Should an important wood stork roosting site be encountered, an appropriate roosting site protection/management plan will be prepared. This plan willlikeiy involve restricting human activities within SOD feet of the roosting site as long as it Is utilized by the storks, Should this scenario arise, the permittee will generate an appropriate management/protection plan in consultation with FWS, submit the plan to FWS for their review and approval, and will then implement and abide by the management plan, If the first Initiation of Mine blasting activities will begin 2 weeks before or during the typical wood stork nesting season (February through June), a survey for off-site wood stork nesting sites (nesting colonies) will be conducted, This survey will cover all potentially suitable wood stork nesting habitats located within approximately 1,000 feet of the Mine property boundary. It will likely consist of a combination of observations along pedestrian transects and aerial observations conducted over a period of at least 5 days with the survey focusing on times near dusk and dawn. If no nesting sites/colonies are found, biasting will commence upon completion of the survey. If an active nesting colony is located, FWS will be contacted for further guidance and an appropriate management/protection plan will be generated in consultation with FWS, The plan will be submitted to FWS for their review and approval and will subsequently be implemented. Under this scenario, initiation of the first blasting activities would not be started until appropriate authorization has been obtained from FWS. Agenda Item No. 17D November 9,2010 Page 343 of 373 Immokalee Sand Mine - Listed Species Protection Plan Page \4 FLORIDA SANDHILL CRANES A couple Florida sandhill cranes (Grus canadensis pratensis) have been documented foraging in fields located on the Immokalee Sand Mine property, No crane nests have been found on-site or in the nearby areas, It is doubtful that sandhill cranes will elect to establish nests on the Mine property at some point in the future but the possibility, although remote, cannot be overlooked. There are no suitable nesting habitats currently present within the mitigation areas. No longer than 3 weeks prior to conducting construction activities that will impact potentially "suitable" Florida sandhill crane nesting habitats on the Mine property (i.e, clearing, grading, excavation, filling), the areas will be inspected by a qualified environmental profession to determine if any active crane nests are present. These habitats are limited to the Preserve area and, to a lesser degree, the wet prairie area in the southwestern corner of the property, Three weeks prior to commencement of Mine construction activities, a survey will also be conducted in potentially suitable crane nesting habitats present In off-site lands located within approximately 7S0 feet of the Mine property boundaries Immediately adjacent to the portion of the Mine that will contain the Mine operations center (i.e. containing the office buildings, asphalt batch plant, tailings pond, and aggregate processing/stockpile area). Similarly, no more than 3 weeks prior to conducting initial mitigation activities in the Preserve area that could disturb potential crane nests (i.e, grading activities, removal of larger Brazilian pepper shrubs), the wetland areas within the mitigation area will be inspected. If an active Florida sandhill crane nest is found, a buffer zone extending approximately 740 feet beyond the nest in all directions will be established. No activities that might disturb the nests or nesting activities will be conducted in the established buffer zone until after the eggs are hatched and the surviving young birds have left the nest. Field personnel will be notified of the presence of the nest site(s) and buffer zones, which will be clearly marked, and advised that any activities near the buffer zones should be conducted to minimize the potential for disruption of nesting. If the first initiation of Mine blasting activities will begin 2 weeks before or during the typical sandhill crane breeding season (beginning of January through June), a survey for off-site sandhill crane nests will be conducted, This survey will cover all potentially suitable crane nesting habitats located within approximately 2,500 feet of the limits of the area proposed for blasting_ It will consist of field observations gathered along pedestrian transects conducted over a period of at ieast 5 days, If no active nest is found, blasting will commence upon completion of the survey, if an active nest is found within the 1,000 feet of the proposed blasting area, the Florida Fish and Wildlife Conservation Commission (FWC) will be contacted for further guidance and an appropriate management/protection plan will be generated in consultation with FWC. The plan will be submitted to FWC for their review and approval and will subsequently be Implemented, Under this scenario, initiation of the first blasting activities would not be started until appropriate authorization has been obtained from FWC. Alternatively, the first blasting activities may be relocated such that they are over 1,000 feet from the active nest site and the blasting restricted to areas >1,000 feet from the nest site until such time as the young have left the active nest. Agenda Item No. 17D November 9,2010 Page 344 of 373 Immokalee Sand Mine -listed Species Protection Plan Page IS CRESTED CARACARAS Many crested caracaras (Caraeara eheriway) have been observed on the Mine property, however no caracara nests been found on-site. Caracaras have been observed in areas surrounding the Mine property, suggesting that potential nesting areas are nearby, There is a remote possibility that caracaras could establish an on-site nest prior to commencement of Mine construction, hence pre-clearing surveys will be performed, An on-site survey for caracaras and their nests will be performed during the first breeding season preceding commencement of Mine clearing/construction activities proposed in the Mine property and in nearby off-site areas, This survey will cover the existing remnant strip of cabbage palm/pine f1atwoods/woodland pasture habitat that extends along the eastern boundary, Observations will be made along pedestrian transects and stationary points during the mornings and evenings (crepuscular). The survey will be conducted 6 times (on 6 different days) during the period from January through March with 4 to 7 days between each survey event. If a caracara nest is found, the nest location will be marked and the FWS will be contacted for further guidance, No Mine clearing/construction activities will commence within the primary management zone (300 meter radius surrounding nest) or the secondary management zone (1,000 meter radius surrounding nest) associated with the nest until appropriate authorization is obtained from FWS. Under this scenario, a Special Purpose Permit may also need to be acquired from FWC should FWS recommend removal (incidental take) of the nest tree during the non- nesting season, An off-site survey for caracaras and their nests will also be performed during the first breeding season preceding commencement of Mine clearing/construction activities. This survey will be performed in the same manner as the on-site survey and will cover potentially suitable caracara nesting habitats present in the immediate vicinity of the Mine and the Mine entry road (i.e. State Road 82 west of Highway 29). The exact areas that will be covered by these off-site surveys will be determined during the course of consultation with FWS which will occur during the application processing period associated with the US Army Corps of Engineers (USACE) Section 404 Permit needed for the Mine project. Measures necessary to help ensure protection of off-site nests located during this survey as well as appropriate measures to help minimize the project's potential secondary impacts to caracaras will also be determined via consultation with FWS. Some of these measures may Include: . Prohibit Mine traffic from idling on that portion of the entry road (State Road 82) located within the primary management zone associated with the currently known caracara nest tree. Post "no idling / no parking" notification signs on the entry road at the limits of this primary zone, . During the initial Mine construction activities and throughout the operational life of the Mine, conduct daily roadkillsurveys along those portions of the entry road and Highway 29 located within the primary and secondary management zones associated with the currently known caracara nest tree. Move any roadkill found to a distance at least 25 feet beyond the shoulder of these roads, Agenda Item No. 17D November 9,2010 Page 345 of 373 Immokalee Sand Mine - Listed Species Protection Plan Page 16 . Monitoring of certain caracaras during the breeding season to determine how they respond to Mine traffic and mining activities. FLORIDA PANTHERS Florida panthers (Puma conc%r coryi) have not been documented on the project lands but have been documented in more natural habitats present in the general vicinity of the Mine property. Certain measures wili be taken to help minimize potentiai impacts of traffic generated by the Mine project to panthers, These measures will include: . A large sign will be posted in a conspicuous location on the Mine property visible to all vehicles leaving the site. This sign will notify drivers that panthers may cross State Road 82 or even the project entry road, wili advise them of the location of the primary potential wildlife crossing corridors (i.e. road crossing zones) along Highway 29near the Mine, and wili warn them to drive carefully in these areas to avoid collisions with panthers and other wildlife, This sign will also Include a graphic map i1iustrating the primary potential wildlife crossing zones near the Mine, . Vehicles hauling (transporting) aggregate will prohibited from leaving or entering the Mine property during the period between one-half hour after sunset and 5:00 AM each day, Lighting used to illuminate the main Mine operations area (i.e, far west side of site containing the aggregate proceSSing/stockpile area, tailings pond, asphalt batch plant, office and maintenance buildings, parking lot) will be equipped with shielding to help reduce light spillage onto off-site lands, EASTERN INDIGO SNAKES Eastern indigo snakes (Drymarchan carais couperi) have not been documented on the Immokalee Sand Mine property but could theoretically be present. Because the eastern indigo snake is protected under the Endangered Species Act of 1973, there are civil and criminal penalties for injuring, harming, harassing or killing this species, The permittee and/or the permittee's contractors may be held responsible for any eastern indigo snakes harmed, harassed, or killed as a result of Immokalee Sand Mine construction activities, To help avoid harm to these snakes and to help maintain any existing populations, the permittee will engage in a protection program during initiai stages of Mine construction activities (i.e. clearing, excavation, filling) on-site as well as during initial mitigation activities in the conservation areas (i.e, Initial clearing and grading activities, initial mechanized eradication of exotic plants), The elements of this plan are described in the following paragraphs, Educational pamphlets will be prepared and distributed to all mitigation and construction crews prior to commencement of construction and mitigation activities, These pamphlets will generally describe laws pertaining to the eastern Indigo snake, characteristics of the snake (description, habitats, etc,). protocols and procedures to follow if an eastern indigo snake is encountered, and telephone numbers of pertinent agencies to be contacted if an indigo snake is found dead. Agenda Item No. 17D November 9,2010 Page 346 of 373 . Immokalee Sand Mine - Listed Species Protection Plan Page 17 If an eastern Indigo snake is sighted during clearing/construction operations, the following measures will be taken: (1) Immediately cease construction/clearing activities in the area of the sighting; (2) Notify the construction or mitigation supervisor, as applicable, and the designated biologist of the sighting; (3) Allow the snake to move out of the construction/clearing area on its own before resuming construction/clearing activities in the area of sighting, or; (41 If the snake remains within or immediately adjacent to the construction/clearing area, the designated biologist will capture the snake, at which time construction/clearing operations can resume, and will relocate It to a suitabie area off-site that is within the immediate project vicinity, Only the designated biologist shall come in contact with or relocate an eastem indigo snake. Any snake captured will be immediately released into appropriate habitat. Indigo snakes are to be held in captivity only long enough to transport them to the release site. At no time will two or more snakes be kept In the same container during transport, The designated biologist, or another qualified biologist acting under the direction and supervision of the designated biologist, will be present during the first week of major Mine construction clearing/grading activities that occur in potentially suitable indigo snake habitats. Thereafter, said biologist will conduct spot checks of these areas during initial clearing/construction operations as deemed necessary by the biologist. The biologist will also be present during the first week of the initial clearing and grubbing activities in the project's conservation areas. Foliowing this, the biologist will conduct spot checks of affected portions of the conservation areas during initiai clearing, grubbing, and grading activities and during initial mechanized exotic eradication activities as deemed necessary by the biologist. The purpose of these inspections will be to monitor construction/clearing areas for the presence of eastern indigo snakes and to help ensure that appropriate measures are being taken to protect this species, The permittee wili submit a report to the US Fish and Wildlife Service summarizing activities pertaining to the eastern indigo snake (for each major project phase) and will provide the US Army Corps of Engineers with a copy of the report, Each report shall be submitted within 60 days of the completion of land clearing/grading/initial construction activities and will include: (1) Any sightings of eastern indigo snakes and general locations of such sightings; (2) Summary information concerning any relocated snakes (e,g" capture area, snake characteristics, date captured and relocated, area of relocation); (3) Summary of site inspection dates. GOPHER TORTOISES AND COMMENSALS Burrows were found along the northwestern berm along the very edge of the property, although none appeared to be currently inhabited by a gopher tortoise. Most burrows were inactive and the few that were active had armadillo tracks and scat in the area and leading to the burrows. It Is unlikely that any gopher tortoises currently reside on the Mine property, however a management plan will be implemented given that a dead gopher tortoise was found near the property off of State Road 82, Prior to any clearing or construction activities, another gopher tortoise survey will be completed, This will Include qualified biologists examining the site in walking transects to scout any active burrows, Should any gopher tortoise burrows be located, a permit from FWC will be obtained to relocate any Agenda Item No. 17D November 9,2010 Page 347 of 373 Immokalee Sand Mine - Listed Species Protection Plan Page 18 _"__ species off-site, including listed commensals such as the gopher frog, This relocation procedure will follow all FWC regulations, \ r-'" , , . , "'+,..~ , , . . j " ./ \ , \ , \ \ \ 'iI.'~"~":"'l;"" ) " rf-~ J-,"",- ~ - \--';~~ '",......"- ',,--- '" . . ~ J .~ ., ",- \. \ \. \ \. I;:- o " '. \ , \ -'\ //' . /. . )"'\. I I "'\, " "l:,X. 'II \" \\ '. " ....\) .\ , /' c'- . ~ ~ , , \ -', -- 1 ...... '" -- .' ...;.;,. 'j "~ : . ... .--.- , ~. / .... Agenda Item No. 17D November 9,2010 Page 348 of 373 ~"""""",;, co.;.........' ~ ~\.,:.\. ,.~. - -- ____ . . . ~t.!.!.! .-...~ ..' ./' -- ~' - -'*- - " , '> , ""' \ \.'- ., "- ~\\ "--- '\ '.\ -- \\ \, ~,. ,,\ \\ \ \\ .> ',\ \~ .\~ \, " \. 1\ ., >.\ , \. \ ~ \\ , ..w..... --"'->>11 ~ s..\!.l. I I 'n I ".r--~" '1(' I \I. 1 II, -/ ..:.- '-......:.~ 11 Il II It II \! CR00979 "--- '1<0 " "'-"- " "~ 'jl\ \L'."\.\ . \. . \ . . '!. ; ~. \. \ \ \. '\ \ \ \ ! .,.... .....; ~ / ..... ,,",' .,..... .",- . .., .......... ~ \,\ " ---- .'-::.~~, ~ ~--..;- ::; .- --;'.;;'\--'-- -'- , \ Agenda Item No, 17D November 9, 2010 Page 349 of 373 . This record search is for informational purposes only and does NOT constitute a . . t project reVie. w. Th.IS .searc. h on...IY. ide. ntlfi. .es reso. .urc. es recorded at the Florida Master Site File and does NOT provid!,.p~~le.ct. appr.ovaLfrom the Division.. of Historical Resources. Contact the Compliance and Rev:lew Section of the Division of Historical Resources at 850-245-6333 for project review Information. Tim Hall Turrell, Hall & Associates 3584 Exchange Ave, Naples, FL 34]04 EOlail: Jessica(a).turrell-associates.com j".-Florida Master _ Site~ " File ~ September 25, 2008 Tim Hall: In response to your inquiry of September 25, 2008, the Florida Master Site File lists one resource group in the following parcels of Collier County: T46S, R29E, Sections 6 & 7 When interpreting the results of our search, please consider the following information: . This search area may contain unrecorded archaeological sites, historical structures or other resources even if previously surveyed for cultural resources. . Because vandalism and looting are common at Florida sites, we ask that you limit the distribution of location information on archaeological sites. . While many of our records document historically significant resources, the documentation of a resource at the Florida Master Site File does not necessarily mean the resource is historically significant. . Federal, state and local laws require formal environmental review for most projects. This search DOES NOT constitute such a review. If your project falls under these laws, you should contact the Compliance and Review Section of the Division of Historical Resources at 850-245-6333. Please do not hesitate to contact us if you have any questions regarding the results of this search, S incere]y, (Ms.) Allison Vincent Archaeological Data Base Analyst Florida Master Site File alvincent@dos,state,f1.us 500 South Bronough Street . Tallahassee, FL 32399-0250 . www.flheritage.comlpreservationlsitefiJe ~ ~~ _. ~ ,....A. . r........, Ai" ,..,,"'^ r_.. I C':.~-C:l...t:::'\;l....." "t".", f1..... , , , , , , , .. , . . u " , 0 . . ~ .Q ~ .... '" k ~ ~ " U ~ Q Z .., C . '" >< ~ ~ '" '" ~ 0 ~ ~ Z H 0 H ~ ~ " ~ U '" s: ~ ~ ~ ~ 0 '" ~ ~ >- 0 " '" .... '" U ~ ~ ~ '" '" 0 '" > ~ U ~ . ~ " H '" 0 '" I< '" '" ~ H .., .., ~ ~ Z " ~ .., " U ~ < )~ ~ o z w T ~ ~ o (.) lU lU -I ST"TE I1IVy ~ ~ o <..l ~ -I -I o (.) Agenda Item No. 17D November 9,2010 Page 351 of 373 N w~_~__ ,..~ S Lake Tra (ford ~ z o :; al VI W o < ..J Cl a: w G; "0, . ~ Turrell,Hall&Assodale~ln ) /~Morine&El1Vironmental(on5uh~g '/ )-r.__ C./~~EWJaI"l:e^\'t.SUj~a_N~,*".Fl.)41_04'~?32 '" ... >- ~ ~ I-C HENDRY COUNTY o 0,5 2 4 Miles 3 -- IMMOKALEE SAND MINE LOCA TJON MAP DRAWNJ)\' J.L.S. CREA rID 9f111200t lOB NO,: usn SHEET: SCALE; l.11<l.1,',~~ FILF.J>ATIf: ..~~I_,"~RdS:ttdP;,'NOl\Il V;,I$IUaI"""'''' REVISION: NIA NfA NfA Agenda Item No 17D November 9,2010 Page 352 of 373 Agenda Item No. 17D November 9,2010 Page 353 of 373 f IMMOKALEE SAND MINE 1 Agenda Item No. 17D November 9,2010 Page 354 of 373 . :;.4- Jr, ", ,. ..... '. I;, ~>6. " ': ~~. ,; ~ "'. ...... ';t. I:.., ,:~ > ,;. c:f'(}, , '. , l~ ~ '. ~ " . ~~ : , J.:... ;.. ".~ " O. .; -'.' ""- ~:":, .'1.;,.~ ,- '" I,~:l -'. :, ';" " . .;, ", ".~ ~,. ':. :".. -'J. .,,"'""...-.."-........ ..-"',..... li:\::, , N , .;" ..0:(. " W~f .';,. " -. >:. 0 350 700 1<100 L , I SCN..[IHrn;f .. ~,. , " " " 6'./,'\ \J ~~, G) ~~ J:, " GJ o o o 0" ....,. : ;... ...... ";" '0", . J~ "t. t;t.'~"'. "", I~.:I,>:." '0~,~ J;,. -'.:- "1':. ",. '. ""0 <9 .;, '.. ",." '. ..'.... "opO '.i /'" ",' ';, "'l, Agenda Item No. 17D November 9, 2010 Page 355 of 373 - ';.", .~. .~\ ", '.' dJO D d ..... '. ';J;. "le c. .... " .: 9:.. f}"., ".'~ \f'-'~." ':'\:L ". ,;'\:. ';" .,;. " "~, ';" J;.. J~ ,., .;~ " '5' ,;.. ,. . " .,o, <9 , .:~. .~ .~-. ''-,.. .<it. " 4 '. ~ !: ~. ;;.. IiJ .;;':- I,., . ';'l' "", .,.~. J,:"." li,;. "'. t.:~. ,;~., ';, ,;..' ~ ", o ""'" ,~, ~... :," D [) ------- \'.,4:' l) ~ __ 't~ .~~ -- '-- & wal. t.()CATIONS ~ OurFALLLOCATlO:o.'S ,2., :' \]i, "0 . 6 .... ;.; II;', ~;\ -- , '",- ~... -- Agenda Item No. 17D November 9, 2010 Page 356 of 373 . = ~di ' i i! i ! h!n W Z :;E Cl Z <( If) fJ)d W 51 w ...J ~ o :;E :;E HENDRY COUNTY COLUER COUNTY , I~ /./ ~'-'--'" ~...': ~',,-,:"\. /' ..-..-.....--.. "-".. \., '\ ;/ / / '/." ~--.,''''. \ \ \, /l/,"" '\.\\\ I ,. \ '. \ ' \ \':: J ! I ;' " \ \ ' \ !AY 1\ \ \ I !Pl.\~ l/./)) fG-< 0;0,\ I ;1 . r, [l-==i. _V I Ilf~\i'J' .LJJ --"J I I ' " / . l/"";: \ i\f/ ~ll \ ~I; \ II! " Iii I: \1, ~\ "~. ~ 1-...;:. _,/'''' ~~,~ '-- ,." J '~'-.:: . "---'--- ~---~~ =-=--~,~ ~i ~ -~' ~.~ -....".'-""---:~~., ~- .~ '-'-:::-="""S~:A,f'~ OJl.OB2 --... . ,-" --._-~- ....-"- "~...... " " " ',,-- .;/r"' / ..,-"'--'-.. -' .._~,- " .--",/ .......-.,... I I I [IJ PRESERVE ""'" ". AClla I~I ~~ I ~ I "":~.';~C~ A '" .... "". , , -----\- \ I I ! i i I , i ,. I ,. j , r / i / .. " OI:_~~:!!,TC__ + 1 i Agenda Item No. 17D November 9,2010 Page 357 of 373 HENDRY COUNTY COU-fER COUNTY .~ TIl.ll_'.....f'<NI Agenda Item No. 17D November 9, 2010 Page 358 of 373 + HENDRY COUNTY COLLIER COUNTY .." ". w-s HENDRY COUNTY COLLIER COUNTY .- ./. ,-~-'. . /'" ,. " ". / ,/ ". " ~ 'pig /('L:('U'Oj: '.'~I I I (;~.(._v '1'1:1, II." . j1ir .11; " Ii I,: ". ~; i I': , , , ,~ .. .'. ,/ '6~9 W,> ;; ~U~ ~~,UACID -~~''IA~, cmu~Wit.~u.rAt::REs --- ~'-> IQJ ~~- ..,.... I I ~ I ==:;=. I r ~ I I WE1LANDS RET "'NED; 8.6 ACRES nuees OUClt.flOH .unt;Tf:Olle. ''''''''l.IIllC'~...e " -. . - ~~'~.,,",~.~~ '. 'Ari:~ -- - - --.0.0\0 8~ WE'll.ANDS PRESERVED; 5.6 ACRES '1= t>tICllPJlON AflItt'll!DAt:. 1(1'1'""IilQC~"" '" W.. U ... w.' s IlErAfEOl.M()S, ,g.BACIIQ WETLANDS IMPACTED: 1.~ ACRES "UJCQ to_noN """K"fUI.o,c, ."'....""""'..~ .... .~ 1 ,- ""...r.o.......... u u tt .tllO' ~ L...>-' """........ ~ TlI"~ll J,I"II tJ A ~~l\t';..f..o In.. OU1(:'lfD. '.'" Agenda Item No. 17D November 9, 2010 Page 359 of 373 RESOLUTION NO. [0- A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EARTH MINING WITHIN THE RURAL AGRICULTURAL ZONING DISTRICT WITH A MOBILE HOME OVERLAY AND A RURAL STEWARDSHIP AREA OVERLAY (A-MHO-RLSAO) PURSUANT TO SUBSECTIONS 2,03,OI.A.l.c,[ AND 4,08,06,B.4,b, OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 6 AND 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, WHEREAS, the Legislature of the.State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida 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 (LDC) (Ordinance No, 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a Conditional Use of a sand mine within a Rural Agricultural Zoning District with a Mobile Home Overlay and Rural Land Stewardship Area Overlay (A-MHO-RLSAO), pursuant to Subsections 2,03,Ol.A,l.c,I and 4,08,06,B.4,b, of the Collier County Land Development Code on property hereinafter described, and the Collier County Planning Commission has found that the granting of the Conditional Use will not adversely affect the public interest and the specific requirements governing the Conditional Use have been met and that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10,08,00.0, 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: Petition Number CU-2008-AR-14078 filed by Robert 1. Mulhere, AICP of RWA Consulting, Inc, and John M, Passidomo, Esquire of Cheffy Passidomo, P.A, representing Cemex Construction Materials Florida, LLC, with respect to property hereinafter described in Exhibit "A", be and the same is hereby approved for a Conditional Use for an earth mine within a Rural Agricultural Zoning District with a Mobile Home Overlay and a Rural Land Stewardship Area Overlay pursuant to Subsections 2,03.01.A.l.c,[ and 4,08,06,B.4,b, of the Collier County Immokalee Sand Mine I CU-2008-AR-14078 Rev. 10108/10 lof2 Agenda Item No. 17D November 9. 2010 Page 360 of 373 Land Development Code in accordance with the Conceptual Site Plan described in Exhibit "B" and subject to the conditions found in Exhibit "c", Exhibits "A", "B", "C", "0" and "E" are attached hereto and incorporated herein by reference, 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 ,2010, ATTEST: DWIGHT E, BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W, COYLE, Chairman Approved as to form and legal sufficiency: Steven T, Willianls -(...J Assistant County Attorney ~ 10 .'(. I 0 Attachments: Exhibit A - Legal Description Exhibit B - Conceptual Site Plan Exhibit C - Conditions Exhibit 0 - Phasing Plan Exhibit E- Littoral Plan CPI08-CPS-00917170 Immokalee Sand Mine 1 CU-2008-AR- 14078 Rev, 10108/10 20f2 November 9,2010 Page 361 of 373 IMMOKALEE SAND MINE CU-2008-14078 Submitted 11/12/09 LEGAL DESCRIPTION A PARCEL OF lAND LYING IN SECTION 6 & 7, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNiY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 6 BEING A 4'X 4' CONCRETE MONUMENT (COLLIER); THENCE N.83'02'53"E. ALONG THE NORTH LINE OF SAID SECTION 6, FOR 2,282,53 FEET TO THE NORTH QUARTER CORNER BEING A 4'X 4' CONCRETE MONUMENT; THENCE CONTINUING ALONG SAID NORTH LINE N.83'06'08"E. FOR 1 ,316.49 FEET; THENCE LEAVING SAID NORTH UNe 5.40'31'31"E, FOR 677.93 FEET; THENCE $,18'10'04"E, FOR 433,10 FEET; THENCE S.42'45'26"E, FOR 582.74 FEET; THENCE S.10'31'14"E, FOR 261.69 FEET; THENCE S.35'19'50"E. FOR 153.55 FEET; THENCE S.55'03'47"8. FOR 269.35 FEET; THENCE 5,88'37'18"E, FOR 21.42 FEET TO A POINT ON THE EAST UNE OF SAID SECTION 6; THENCE S,OO'41'22"E. ALONG SAID EAST LINE FOR 769,85 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 6 BE A 4"X 4' CONCRETE MONUMENT (JOHNSON L6 642); THENCE CONTINUING ALONG THE SAID EAST LINE S.OO'42'22"E, FOR 2,751,90 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 6 BEING A 4'X 4" CONCRETE MONUMENT (COLLIER): THENCE 5.00'36'44"E, ALONG THE EAST LINE OF SAID SECTION 7, FOR 2.749.95 FEET TO THE EAST QUARTER CORNER BEING A 4'X 4' CONCRETE MONUMENT (COLLIER); THENCE CONTINUING ALONG SAJD EAST LINE S,OO'39'44"E, FOR 901,12 FEET TO A POINT LYING ON THE NORTH RIGHT OF WAY LINE OF STATE ROAD 82: THENCE N,74'11'03"W, ALONG SAID NORTH RIGHT OF WAY LINE FOR 5,168,13 FEET TO A POINT LYING ON THE WEST LINE OF SAID SECTION 7; THENCE N,OO'06'18'W. ALONG SAID WEST LINE FOR 2,169.24 FEET TO THE NORTHWEST CORNER OF SAID SECTION 7 BEING A 4'X 4" CONCRETE MONUMENT; THENCE N,OO'11'07'W. ALONG THE WEST LINE OF SAID SECTION 6, FOR 2,528.33 FEET TO A IRON ROD AND CAP (LB 6952); THENCE CONTINUING ALONG SAID WEST LINE N,OO'11'07''W, FOR 2,528.33 FEET; TO THE POINT OF BEGINNING OF Tl-fE PARCEL DESCRIBED HEREIN. CONTAINING 898.0 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, BEARINGS ARE BASED ON THE NORTH WESTER LEY LINE OF SAID SECTION 6 AS BEING N,83'02'SJ'E., -, EXHIBIT A XZ ill ~ ~! ~ i Ij I- Iii H W ~ ~ ~n w '~~-h I li'.p en UJilu il- N n < . . W g Z ..J a:-uj <( f2 00::::: re ~ co .0::::::::: w 00 ~ 0 ~ ~~~ lL Z (f)q: 0;;Jf::: W ~Q .. ooOOC") 00.-(" c: >-..J ,C")r--.. :::> ......."" ~~ co<(O<(~ ......."" l!! 000 fu ~ ~ ~~ o 0 l;: 0 z q: >< o Q. W o 2 a5 :2 0 ~ o ~ ~ .i~_:i !ltl;'/:::i ~~~ig '" , ';;j.i~l! b~"-~i!i i!l'fa...~ .. !l~!, ~ < -., ;:; i'= ,,__ ~ ;iili~. ~ ~. -,,~ ~ "I.". :i"'h,!':-'i;- .:: ~~,~=U _J ~ .._ TlIDTIlII I i I en : a ~! en II [fjl a:l I ,1 7 .1 ~~ (it /1 ~~J .11 ljl 7 ~: 11/ i;i i!l ;~~ ;;i -;1; (" ,>' . ! a i l~ , . l~ i8 'll) '0) i~o .uo ; aoo ,fO I i~ '0 ~C\J i)... ~<l: [~2 I . I ~ 004 .~... ~ f ~~-4l~ '%. ~E-:~j!i ~~~ lo<S.. ;: ~ fJ~ ,.....z~ If UI P8-1~j i ~ 'i? I:l . . I , B I , , ~ I ~ ~@ I I ~~ I ~ nn I ~~ if 0 -- , 00 , IE "" I ~- . I co ... :c :E x w ~ :1 . j~ ,: o~ I" ~" ,8 !oj! t. ~u >~ .. ~ u 8/ ,I ~dn ......Q~ ;:::::~. ~ ,,",,8~ nil H ~ ~ ~ II . b/ "",, ~o !. . I" . ~~ ~Il ~~ -g ~ I I III , " H 1I ! , I ~ !! ~ ~S~-'~__ U I . ~... ~.--' : ,._.... ~.. Zi I i -.....-_.. ~~~ . _Cho~ ~. I' ::---- _ ---.. ___~.,..(S' I l .- ~.~~ ---- .. r., 11 . "''''~-......_,...-.. II! ! - .. II: Ii il 'i " )1" " " , " " " ii " I! , i I. '" , , . ' " " , " " " i\- " il. I,:: I, " :i " 1-t::,.:Y7~.~1 ~I ;'.'~~."~I~";j'A i ""'.-.<~Jt,I',:{'j. ,J;.',biJ. "~,~ JITffi ~ i. .~Ul ".;.,.'. .,-.:' I';: ,. ,:~ :\. '~,. . '''-'. '\ ','...'\ --' ,"",,~--, i~l ," > ,iX ll~ 2' . I! ~ ~ ~ ~ . , . . 5 , ~ I> i ~ II. Iii ~.. e ~ In I n!1 i " B ! i ! I I j j *,--~~---- 1'1 iI> ~d ~" " .' 'i I i '1 ., , , , ': U i ~I , , , , , , , , ., , , , , ~~~~-~- j !l 1 II l 2 i i I ' J I . : I!:: . I 5 . ; I 3 G. t J i . i ; , ~ . l i i , I ~ I ~ ; 5 ~ I B i ~ i , - ! I ! ~ g ~ p ~ . . . "q II ~ ~:r rnrn [J"lD I u i5 II: 1:: ;~ L3 :'. t * ~ ! g . i i. " :!iH , - .-.----- ~ ,~ ~ ,I ~ . Wlol ,. Z~1 ' 2..... ,.. ~~ ~g Q ~~ l" ~; .. ~ ~ I ! I , ~ q- ~ h~ ~ .. g. '.0 ~ ,v.... , 8~ ~ Ix. 15 ~ ~~ ~ . i ! , :~ I J - n ~ I: I If f ~ 1:< i!, I al~ ~~;. ld 113 :-g- 2" m! I r ~fM :<o~ ~ 8~ Ill! I'.!.! ~ !!li !. , r' 1I " , r I , I I . . . I . I ! r , I I I I I j : , I H I . . ~l .! .' .II ~I:' WI ~d~ ,_l~ Ootl6' SUi ill ~~.~~~s ,in.~ ". II , j~i "~, "W It! ,," ;~! ~~l If''ilf ;~! :1 " , . ~. ~..... , . , , , , el' _j I ~I It , . , j;l. ! j. ! j . ) . j ii ! 1" -",' l~ '\oi : I i i I I I I *-----~~.~~...- "~.~ - I '.' '.-,.;.;-.'-.. , ~: . . - ~~.- !, ,. II , , ~I r. 3 . , ! j I , i , ! I i , ! ! S . I I . I' ! ! ~ ~ ~ ! ! 0 0 I , ~ ., ~ & , I < 1 i . ! If ~ f 0 i ~ I I 1 g . , , ~ . . ! 3 8 [lJillOGjO'.1 t ili i 1 i ~ :1 I . .... ,.... !t!r.1I. -~ > ,- ~~ 8 Ill... g' ~~ I~ ~$ -. " u rq ! I ~ ..~ I~~ ~~ a 0::00 ~ 11ii;;'i~ ':I ~~:> i u ;:11 w< . ~~ ~I ~ lj~ u . 1 , , ~~ : ~ .. " !.I!J If I" l~ i', . 51' llil , . {Ia~ !;In iln ~r I I dl1 ~ o~ ~~. to. ~~. ~ 1111 I ~ ; I! I ii' " ; ! , ,I I I . j , , I I I I I i I . I I I [' ~ ~H M]IA l'lOUOB 3JS - JNn H:ll'M . ft. \ 1 '{ y .. 1 t' , ,,~ r f I 1 . I , . .'J.;l \1 ~:. '. l: ~ . " ", -- 1 I I I I I I I I I , I I I I I I I I I I I I I I I I I , . o ~ w S " "d ~. ,::1 ! ,. :i~ I ,. ~. ~i ~ .. :;, < !i1. ,~ i . I -j' ~ t~ w ~ " , ! ~ ~ iii . o ~ ! ji .' j! I"~ r I' F I'" " _.~ , , I I I I I'! )1: I. " II Ii " . I ~II ~I! I I I I I , , I , !I " k I' if.'1 . ii:' I _. .._..__,-.J ,~ Il, 'ill '! "" ~ ' "~ I. ~~ . , o~ '" ~Q $ ~~ i~ ~8 ~ o~ ~~ ~ 1! I ! I oJ 1%::1 lI'I = g~ ~g iI ll::Q ot:j ~ &;~ ~ ; 8~ 3~ ! x" <u ~:I 0:0 I tlei 2~ . i I ; . ! ~ ~ I ~li! ~!to lid I ,I JM _o~ ~~ io'<t ~. ~~ Ill! n: ~ ~ , ~ HI '. 11 :I I . . , ! I I I ! j , i Agenda Item No. 17D November 9, 2010 Page 368 of 373 CONDITIONS OF APPROVAL Immokalee Sand Mine CU-2008-AR-14078 I. Excavation uses within the Immokalee Sand Mine facility shall be limited to that which is depicted on the six-page site plan set, identified as the "Conceptual Conditional Use Plans for Immokalee Sand Mine" dated May 2008, with revisions on May 14, 2009, prepared by RW A, Inc, The site plan noted is conceptual in nature for Conditional Use approval. The final design must be in compliance with all applicable federal, state and county laws and regulations; and 2, Land Development Services Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use as well as all applicable development standards; and 3, Expansion of uses identified and approved within this Conditional Use approval, or major changes to the approved plan, shall require the submittal of a new conditional use application in compliance with all applicable County ordinances in effect at the time of submittal, including Chapter 10.02.03, of the Collier County Land Development Code, Ordinance 04-4 I, as amended; and 4, Prior to any vehicular use of the site, the owner shall post two (2) signs along the entry drive, clearly visible to vehicles entering and leaving the site, providing information regarding potential panther presence and notifying drivers of the need to use caution, Sign wording, placement and size will be subject to review and approval by Collier County Environmental staff. The owner shall submit, and receive approval of, the proposed signage plan in conjunction with the first to occur of either the Site Development Plan process or other local development order as may be required which may allow vehicular use of the site; and 5, Upon completion of the mining activities, the littoral zone and plantings described on Sheet 6 of 6 of the Conditional Use Plans, entitled "Turn Lane Dctails and Cross Sections," shall be constructed; and 6, Development of the site shall be subject to compliance with the project phasing plan, "Immokalee Sand Mine Conceptual Phasing Plan," sheet I of I, prepared by RWA, Inc" dated April 2010; and 7, Hours of operation shall be limited to 6:30 am to 7:00 pm Monday thru Saturday for trucking, and 24 hours Monday through Sunday for excavation and processing; and 8, Transportation Conditions: Revised 10/7/10 EXHIBIT C Page I of3 CONDmONS OF APPROVAL lmmokalee Sand Mine CU-2008-AR-14078 Agenda Item No. 17D November 9,2010 Page 369 of 373 a. LDC Section 6,06,02 addresses the construction of sidewalks adjacent to property frontage on county or state roads, Also, applicant (or owner) may be required to reserve, dedicate, or convey portions of the property adjoining the SR-82 right-of- way to FOOT in connection with the widening of SR-82, The following stipulations shall apply to address these related issues: (I) The owner(s), his successors in title, or assign agree to reserve thirty-five feet (35') of right-of-way along the Northerly side of SR-82 for approximately 1,190 feet along the property's frontage, The boundaries of this reservation shall coincide with the preferred alignment shown in Florida Department of Transportation's (FOOT) current Project..Development and Environmental (PD&E) Study, The owner(s), its successors or assigns, agree to cooperate with FOOT during the design process for SR-82, endeavoring to eliminate the need for the additional 35 feet by allov.~ng conveyance of off-site stormwater run-off, which may be accomplished via dedication of an easement within this project, at no cost to the County or State, if needed, If the need for additional right-of-way cannot be reasonably eliminated (as determined by FOOT), then the owner(s), its successors or assigns, agree to dedicate up to 35 feet of right-of-way along the North side of SR-82 to the State of Florida at no cost. The applicant shall provide compensating right-of-way at no cost of up to twelve feet (12') width and up to 460 feet in length (including taper), for a westbound right-turn lane at the Project Entrance; and (2) The applicant's responsibility for construction of sidewalks (or providing payment in lieu) LDC Section 6.06.02 is limited to those portions of the property that are directly adjacent the SR 82 right-of-way when the project SOP/SIP is approved or when a certificate of occupancy for the first project building permit is issued, whichever occurs first, In the event portions of the property that are presently adjacent to SR 82 are hereafter reserved, dedicated, or conveyed to Collier County or the State of Florida in connection with the widening of SR -82 (including dedications, conveyances, or reservations for water management) - as described in Paragraph l.a., above, such reserved, dedicated, or conveyed portions of the property shall not be subject to the sidewalk construction obligation under LDC Section 6,06,02, and shall not be considered part of the SR 82 road right-of-way for purposes of calculating applicant's sidewalk obligations for the remaining portions of the property (i.e., the dedicated, conveyed, and reserved portions of the property shall not be deemed as "adjacent" right-of-way with respect to the balance of the property for purposes of calculating applicant's sidewalk obligations). Given that the actual right-of-way reservation and/or dedication needs for the widening of SR-82 are not known at this point, calculation of the payment in lieu option for sidewalks shall be deferred until SIP approval or prior to issuance of a certificate of occupancy for the first building Revised 1 0f711 0 Exhibit C Page 2 of3 CONDmONS OF APPROVAL Immoka/ee Sand Mine CU-2008-AR-14078 Agenda Item No. 17D November 9, 2010 Page 370 of 373 permit, whichever comes first. The applicant shall also have the option of constructing a sidewalk or sidewalks at another location in Collier County as may be agreed to by Collier County Transportation staff, provided the cost of construction of said sidewalk or sidewalks is at least equal to the amount of the payment in lieu option for the lmmokalee Sand Mine Conditional Use (as adjusted to account for any dedications, conveyances, or reservations of the property in connection with the SR-82 expansion); and b, During the life of thc minc, the applicant shall reimburse the County annually the expense actually incurred by the County for maintaining roadway pavement for those segments of State Roads 82 and 29 within a two-mile radius of the project entrance, The purpose of this stipulation is to ensure that the County does not incur out-of-pocket pavement maintenance expenses associated with the use of said segments of State Roads 82 and 29 by applicant's haul trucks, Alternatively and in lieu of the foregoing, should the County adopt a maintenance fee that is uniformly applied to previously approved and pending mining projects to compensate for impacts to roadway pavement caused by mine truck traffic, applicant agrees that this project will be subject to such fee, In the event of a dispute regarding the amount of maintenance reimbursement expense claimed by or paid to the County, the parties shall first use the County's then-current Alternative Dispute Resolution Procedure before filing any action in any court. c, Applicant shall be fully responsible for designing, permitting, and constructing a westbound acceleration lane at the project entrance on SR 82 for vehicles leaving the project. The west-bound acceleration lane will be up to twelve feet (12') in width and up to one thousand, six hundred and seventy feet (1,670') in length (including taper) and otherwise comply with FDOT standards; and 9. A tire wash system will be installed to wash dust from the wheels and underbody of all haul trucks exiting the facility, This system will direct water under pressure at the wheels and the underside of each vehicle as it passes through; and 10, Haul trucks will not be permitted to park or stage along the SR 82 right-of-way, Applicant may allow haul trucks to stage or park on the project's internal roadway prior to 6:30 a,m, Revised 1 am1 0 Exhibit C Page 3 of3 Agenda Item No. 17D November 9,2010 Page 371 of 373 . < '> ~ < o ~ . . ~ o E .E '" o d D ~ ~ o o '" " ~ '" o o '" ~ v; ~ < o '" ~~(I- ~---~ -- ---- + ! ! j i ! ! i '" , ~ N o x '" 8 " ~ '" " ~ ~ '" ~ ~ .~ :9 '3 g co --- n ~r I' , I' , I: I: I: I' , I' , I: Ii: ..:!I: II :1 II I I - I I I I I I I I I I _YEAR~O' -- ~- : I - I ___ --_... I ST4T't-_ ---_ I R040-_ ~ -.. I /32 --__~---- I --.... ....._-J "---.. -~ -- --~S --- Ll ,,' ["';l ! I ?-:J L I ., i e . < . " o " '. -" :s ~ o o '" ,,; M.S.J. TITLE STATE OF FLORIDA BUSINESS LICENSE NO. E8-0007663 CLIENT CEMEX CONSTRUCTION MATERIALS FLORIDA, LLC, IMMOKALEE SAND MINE CONCEPTUAL PHASING PLAN ~'~~BER D8DD95DDD2XD2 .l: RWA, INC. D'XT^mc,~on CONSULTING Civil Engin=in .&.. '" , J.. .a. Surveying & ~ing D.l.TE, APRIL, 2010 SCALE.; 1 "~1200' Of/A.wt< BT: 6610'vVlllowPllIk Drtve, StI~e200 NapleS,FIo:ida34109 Pho~e;(239)59NI575 FAX: (239) 597-Q578 CHECKED BY; J.J.S. SEe: TWF': RGE PROJECT 080095 00 02 SriEET 1 1 NUM8ER: .. NUMBER: or Exhibit 0 z 0 -C> ,<Z >r= Won Z u1 ~- wX ~ W 0 Z "iZ zO f- Q", () ~~ . UOZ W OZO _..JI...Jj:: UJ ~." '<w~ ~O....J W CC:>--w W LL~O Y: O>Z l- => :5 0 0.,-'0 Z Q:::::'O: f-3l:0 -1 <t () - Q- ;:= I ( " ~" '< /<~>, ~II u ~ 0 ?~' or ~ on ,~'/.' N N ~ /::.(, ~ I /)-...'1 ~ <<,. 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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, November 9. 2010, In the Boardroom, 3rd Floor, Administration Building, Collier County Gov- ernment Center, 3301 East Tamiami Trail, Naples. Florida. The meeting will begin at 9:00 A.M. The title of the proposed res.olution is as tollows: A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY. FLORI- DA, PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE TO ALLOW EARTH MINING WITHIN THE RURAL AGRICULTURAL ZONING DISTRICT WITH A MO- BILE HOME OVERLAY AND A RURAL STEWARDSHIP AREA OVERLAY (A-MHO- RLSAO) PURSUANT TO SUBSECTIONS 2.03.01.A.l.c.l AND 4.OB.06.B.4.b. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SEC- TIONS 6 AND 7. TOWNSHIP 46 SOUTH. RANGE 29 EAST. COLLIER COUNTY. flORI- DA. The Board will consider Petition: CU-2008-AR-14078, Cemex Construction Materials Florida, LlC. represented by Robert J. Mulhere, AICP of RWA Consulting, Inc. and Will J. Dempsey, Esquire of Chefty Passidomo, P.A., is requesting a Conditional Use within the Rural Agricultural Zoning District with a Mobile Home Overlay and a Ru- ral land Stewardship Area Overlay (A-MHO*RLSAO), pursuant to Section 2.03.01.A.1.c.1 and Section 4.0B.06.B.4.b. of the Collier County land Development Code, to allow earth mining and related processing and production of matenal for a project to be known as the lmmokalee Sand Mine. The 898< acre subject property is located on the north side of SR 82, approximately 1.2 miles west of the intersec. tion with SR 29, in Sections 6 and 7. Township 46 South, Range 29 East, Collier County, Florida. 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 in. dividual to speak on behalf of an organization or group is encouraged. If recog. nized 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 presentations 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 proc~edings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evi~ dence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to par~ tlclpate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Depart. ment, located at 3301 Tamiami Trail East, Buildin~ W, Naples,- Florida 34112, (239)252-8380. Assisted listening devices for the hearmg impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS COlUER COUNTY, FLORIDA Fred W. Coyle, CHAIRMAN DWIGHT E. BROCK, CLERK By: Ann Jennejohn. Deputy Clerk (SEAL) Ortflhpr'4 '010 Nfl1R77R,=1