Reflection Lakes of Naples 1A
COMMUNITY DEVELOPMENT &
ENVIRONMENTAL SERVICES DIVISION
ENGINEERING SERVICES DEPARTMENT
MEMORANDUM
TO: Sue Filson, Administrative Assistant
FROM: John R. Houldsworth, Senior Engineer
DATE: February 10, 2005
RE: Reflection Lakes at Naples Phase 1 A
Preliminary Work Authorization
Attached please find a Preliminary Work Authorization for Reflection
Lakes Naples Phase 1 A. This document has been reviewed by
Engineering Review and the County Attorney's Office. Collier County
Resolution No. 93-147 provides for the administrative approval of
preliminary work authorizations. Please have the Chairman sign the
document and forward to the Clerk's office.
Should you have any questions, please advise.
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cc: Project File
Reading File
PRELIMINARY WORK AUTHORIZATION
THIS AGREEMENT made and entered into this I O~ 4 day of F~!-u~ ~-.J ,2005,
by and between the Board of County Commissioners of Collier County, Florida
hereinafter referred to as "County", and Engle Homes, hereinafter referred to as
"Owner" .
RECIT ALS:
WHEREAS, the County has adopted Collier County Ordinance No. 03-06 known as the
Walnut Lakes PUD Ordinance, hereinafter referred to as the Reflection Lakes at Naples
PHlA; and
WHEREAS, owner represents and warrants it is the record fee title owner of the lands
described in OR3388 PG 0590 & 0591, said legal description attached hereto as Exhibit
"A" and incorporated herein by reference; and
WHEREAS, the South Florida Water Management District has approved an application
for a surface water management permit for Reflection Lakes at Naples, SFWMD
Application No. 031006-11 (Permit 1l-0213l-P); and
WHEREAS, Owner represents that the Preliminary Work Authorization is needed
because 1) Construction for Phase 1A is scheduled to start in February; 2) Final Phase 1A
Plat approval requested must be placed on the February BoCC agenda; 3) Pre-
construction meeting needs to be scheduled; and
WHEREAS, Owner represents and warrants that no construction shall occur in
environmentally sensitive area unless the necessary permits and approvals for the
construction have been obtained by the Owner; and
WHEREAS, Owner acknowledges that all requirements of Collier County's Growth
Management Plan and Adequate Public Facilities Ordinance, No. 93-82, will be met prior
to approval of a final subdivision plat, or a final site development plan or building permit,
as appropriate; and
WHEREAS, Section 10.02.04 of the Land Development Code establishes a mechanism
for processing and issuing a Preliminary Work Authorization.
NOW THEREFORE, in consideration of the premises, the mutual undertakings of the
parties, and other good and valuable consideration, it is agreed by the parties hereto as
follows:
SECTION 1- ACKNOWLEDGEMENT
The foregoing recitals are true and correct and are incorporated herein by reference.
Further, it is jointly acknowledged that the executive of this Agreement does not
constitute a Development Order or any other final approval by Collier County.
SECTION 2 - IMPROVEMENTS
A. Owner shall be permitted to perform site preparation and construction activities
subject to the conditions, limitations and restrictions contained in Sections 3
through 7 below, as follows:
Construction of infrastructure for Reflection Lakes at Naples Phase 1A
which is a 146 lot subdivision, will include roads, drainage, sanitary
sewer, potable water, street lights, sidewalks and landscaping.
The preliminary work detailed in this Section shall be in accordance with plans
entitled Reflection Lakes at Naples Phase lA consisting of 11 sheets, prepared by
Vanasse & Davlor. LLP, dated January 21. 2005 hereinafter referred to as "The
Preliminary Work". The legal description of the boundaries of the preliminary
(1)
work is shown on the preliminary plat for Reflection Lakes at Naples Phase 1A
consisting of 11.-sheets prepared by Stouten and Associates. Inc.
B. Prior to any work being undertaken, Owner shall submit to the County complete
permit packages and applicable review and inspection fees for the necessary
permits for the Preliminary Work ("Preliminary Work Permits"). These
applications are as follows:
PPL-AR5012 was resubmitted on January 25,2005
SECTION 3 - PERMITS REQUIRED
Issuance of the Preliminary Work permits shall be conditioned upon the following:
a. County staff finding that the applications for Preliminary Work Permits are
complete and satisfactory and are ready for scheduling to the Board of County
Commissioners for final plat approval.
b. Owner submitting to the County a copy of the early work permit from the South
Florida Water Management District for all matters included in the jurisdiction of
the South Florida Water Management District, which conforms with the
Preliminary Work release plans submitted to the County.
A copy of the SFWMD permit is attached.
SECTION 4 - APPROV ALS
County will issue the Preliminary Work Permits to permit the Preliminary Work prior to
plat approval once conditions a. and b. in Section 3 above have been satisfied. Owner
understands and acknowledges that no building permit for habitable structures within the
Reflection Lakes @ Naples project until the Reflection Lakes @ Naples Phase 1A plat is
approved and recorded.
SECTION 5 - INDEMNIFICATION
Owner agrees to indemnify and hold County harmless against any and all liability, loss,
damage or expenses from claims or causes of action including attorney's fees and court
costs, resulting from, arising out of, and in connection with Owner's negligence and/or
willful misconduct in the construction of the Preliminary Work under the Preliminary
Work Permits or any challenge by any person or party objecting to the legality or validity
of this Agreement.
SECTION 6 - RESTRICTIONS
This Agreement shall be binding upon the parties and is not transferable.
SECTION 7 - LIMITATIONS
This Agreement shall expire thirty (30) days from the date of the issuance of the
preliminary Work permits if the project's final plat is not submitted to the Board of
County Commissioners for approval pursuant to Chapter 10 of the Land Development
Code, unless the Owner is delayed in having his final plat reviewed by the Board due to
the fault of the County. All work approved by this agreement must cease and not restart
if the plat is not submitted and approved by the Board of County Commissioners within
this authorization period. No work is authorized under this Agreement prior to satisfying
the conditions (a. and b.) in Section 3 of this Agreement. Any attempt to commence
work prior to issuance of requisite permits shall render all provisions of this Agreement
null and void.
By entering into this Agreement, the County does not guarantee and Owner can not rely
upon the fact that the project's final plat will be approved upon submission to the Board
of County Commissioners. The Owner is required to comply with all of the provisions
(2)
and procedures of the Land Development Code before the final plat can be submitted to
the Board for consideration.
IN WITNESS WHEREOF, the parties have executed this Agreement the day first above
written.
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Vanessa A. Richter
Land Development Manager
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Board of County Commissioners
Of Collier County, Florida
Jennifer A. lpedio
Assistant County Attorney
State of (JoA I:bA
County of LE.!
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SOUTH FLORIDA \V ATER MANAGEiVIENT DISTRICT
3301 Gun Club Raad, West Palm Beach. Florida 33406· (561) 686-8800 . FL WATS 1-800-432-2045· TDD (561) 697-2574
Mailing Address: P.O. Box 24680, West Palm BeKh. FL 33416--\680 . www.sf..\.!nd.gr>v
December 5, 2002
Walnut Lakes LLC
8310 Big Acorn Circle 1001
Naples, FL 34119
Subject: Application No. 010309-8, 'Valnut Lakes
Collier County, S12!T51S/R26E
Enclosed is a copy of this District's staff report covering the permit application referenced
therein. It is requested that you read this staff report thoroughly and understand its contents.
The recommendations as stated in the staff report will be presented to our Governing Board
for consideration on December 12, 2002.
Should you wish to object to the staff recommendation or file a petition, please provide
written objections, petitIons and/or waivers (refer to the attached I1Notice of Rights ") to:
Jennifer Krumlauf, Deputy Clerk
South Florida Water Management District
Post Office Box 24680
West Palm Beach, Florida 33416-4680
The I1Notice of Rights" addresses the procedures to be followed if you desire a public
hearing or other review of the proposed agency action. You are advised, however, to be
prepared to defend your }Josition regarding the permit application when it is considered by
the Governing Board for final agency actIon, even if you agree with the staff
recommendation, as the Governing Board may take final agency action which differs
materially from the proposed agency action.
Please contact the District if you have any questions concerning this matter.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a I1Notice of Rights" has been mailed to the addressee this
5th day of December, 2002 in accordance with Section 120.60 (3), Florida Statutes.
Sincerely, ~
p/L /J ß
\-Y.R. Howard, Jr., P. ., Deputy Director
Environmental Resource Regulation Department
WRH'ms
CERTIFIED #70012510000025866364
RETURN RECEIPT REQUESTED
Gm Ððï.\'G Bo.'RD
E.\ECCTI\'E OFFICE
Tnicii K. Willian];;. r.E. Chair
Lerman E. Lindahl, P.E... Vi.·è-C/¡ai,
1".\[1\.'101 Bn'oks-Tho01as
Micb:ie1 Collin>
Hugh ~I En.;;lish
G;:r~1;(:o B. Fernandez
P8tr;ck 1. Gb'S00. Ph.D.,P.G
!'\iCí;")!ÚS J. Gutj¿rrez. Jr.. E;-;q.
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Henry I)èan. E.\"('(litiFf [)¡,:~,.~!(ir
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NOTICE OF RIGHTS
Section 120.569(1), Fla. Stat. (1999), requires that "each notice shall inform the recipient of any administrative hearing or
judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be
followed to obtain the hearing or judicial review, and shall state the time limits which apply." Please note that this Notice of
Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or
appropriate remedy. You may wish to consult an attorney regarding your legal rights.
Petition for Administrative Proceedings
1. A person whose substantial interests are
affected by the South Florida Water Management District's
(SPvVMD) action has the right to request an administiative
hearing on that action. The affected person may request
either a formal or an informal hearing, as set forth below. A
point of entry into administrative proceedings is governed
by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code,
(also published as an exception to the Uniform Rules of
Procedure as Rule 40E-0.109), as set forth below.
Petitions are deemed filed upon receipt of the original
documents by the SPvVMD Clerk.
a. Formal Administrative Hearinq: If a
genuine issue(s) of material fact is in dispute, the affected
person seeking a formal hearing on a SPvVMD decision
which does or may determine their substantial interests
shall file a petition for hearing pursuant to Sections 120.569
and 120.57(1), Fla. Stat. or for mediation pursuant to
Section 120.573, Fla. Stat. within 21 days, except as
provided in subsections c. and d, below, of either written
notice through mail or posting or publication of notice that
the SPvVMD has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-106.201 (2), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
. b. Informal Administrative Hearinq: If there
are no issues of material fact in dispute, the affected
person seeking an informal hearing on a SFWMD decision
which does or may determine their substantial interests
shall file a petition for hearing pursuant to Sections 120.569
and 120.57(2), Fla. Stat. or for mediation pursuant to
Section 120.573, Fla. Stat. within 21 days, except as
provided in subsections c. and d. below, of either written
notice through mail or posting or publication of notice that
the SFWMD has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-106.301 (2), Fla. Admin. Code, a copy of the
which is attached to this Notice of Rights.
c. Administrative Complaint and Order:
If a Respondent objects to a SPvVMD Administrative
Complaint and Order, pursuant to Section 373.119, Fla.
Stat. (1997), the person named in the Administrative
Complaint and Order may file a petition for a hearing no
later than 14 days after the date such order is served.
Petitions must substantially comply' with the requirements
of either subsection a. or b. above.
d. State Lands Environmental Resource
Permit: Pursuant to Section 373.427, Fla. Stat., and Rule
40E-1.511 (3), Fla. Admin. Code (also published as an
exception to the Uniform Rules of Procedure as Rule 40E-
0.109(2)(c)), a petition objecting to the SFWMD's agency
action regarding consolidated applications for
Environmental Resource Permits and Use of Sovereign
Submerged Lands (SLERPs), must be filed within 14 days
of the notice of consolidated intent to grant or deny the
SLERP. Petitions must substantially comply with the
requirements of either subsection a. or b. above.
e. Emerqency Authorization and Order:
A person whose substantial interests are affected by a
SFWMD Emergency Authorization and Order, has a right
to file a petition under Sections 120.569, 120.57(1), and
120.57(2), Fla. Stat., as provided in subsections a. and b.
above. However, the person, or the agent of the person
responsible for causing o( contributing to the emergency
conditions shall take whatever action necessary to cause
immediate compliance with the terms of the Emergency
Authorization and Order.
f. Order for Emeraency Action: A person
whose substantial interests are affected by a SPvVMD
Order for Emergency Action has a right to file a petition
pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin.
Code, copies of which are attached to this Notice of Rights,
and Section 373.119(3), Fla. Stat., for a hearing on the
Order. Any subsequent agency action or proposed agency
action to initi'?te a formal revocation proceeding shall be
separately noticed pursuant to section g. below.
g. Permit SusDension. Revocation,
Annulment. and Withdrawal: If the SFWMD issues an
administrative complaint to suspend, revoke, annul, or
withdraw a permit, the permittee may request a hearing to
be conducted in accordance with Sections 120.569 and
120.57, Fla. Stat., within 21 days of either written notice
through mail or posting or publication of notice that the
SFWMD has or intends to take final agency action.
Petitions must substantially comply with the requirements
of Rule 28-107.004(3). Fla. Adrlìin. Code, a copy of the
which is attached to this Notice of Rights.
2. Because the administrative hearing process
is designed to formulate final agency action, the filing of
a petition means that the SFWMD's final action may be
different from the position taken by it previously.
Persons whose substantial interests may be affected by
Revised August, 2000
any such final decision of the SFWMD shall have,
pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also
published as an exception to the Uniform Rules of
Procedure as Rule 40E-0.109(2)(c)), an additional 21
days from the date of receipt of notice of said decision to
request an administrative hearing. However, the scope of
the administrative hearing shall be limited to the
substantial deviation.
3. Pursuant to Rule 40E-1.511(4), Fla. Admin.
Code, substantially affected persons entitled to a hearing
pursuant to Section 120.57(1), Fla. Stat., may waive their
right to such a hearing and request an informal hearing
before the Governing Board pursuant to Section 120.57(2),
Fla. Stat., which may be granted at the option of the
Governing Board.
4. Pursuant to Rule 28-106.111 (3), Fla. Admin.
Code, persons may file with the SFWMD a request for
extension of time for filing a petition. The SFWMD, for
good cause shown, may grant the extension. The request
for extension must contain a certificate that the petitioner
has consulted with all other parties, if any, concerning the
extension and that the SFWMD and all other parties agree
to the extension.
CIRCUIT COURT
5. Pursuant to Section 373.617, Fla. Stat., any
substantially affected person who claims that final agency
action of the SFWMD relating to permit decisions
constitutes an unconstitutional taking of property without
just compensation may seek judicial review of the action in
circuit court by filing a civil action in the circuit court in the
judicial circuit in which the affected property is located
within 90 days of the rendering of the SFWMD's final
agency action.
6. Pursuant to Section 403.412, Fla. Stat., any
citizen of Florida may bring an action for injunctive relief
against the SFWMD to compel the SFWMD to enforce the
laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin.
Code. The complaining party must file with the SFWMD
Clerk a verified complaint setting forth the facts upon which
the complaint is based and the manner in which the
complaining party is affected. If the SFWMD does not take
appropriate action on the complaint within 30 days of
receipt, the complaining ~arty may then file a civil suit for
Injunctive relief in the 15 h Judicial Circuit in and for Palm
Beach County or circuit court in the county where the
cause of action allegedly occurred.
7. Pursuant to Section 373.433, Fla. Stat., a
private citizen of Florida may file suit in circuit court to
require the abatement of any stormwater management
system, dam, impoundment, reservoir, appurtenant work or
works that violate the provisions of Chapter 373, Fla. Stat.
DISTRICT COURT OF APPEAL
8. Pursuant to Section 120.68, Fla. Stat., a party
who is adversely affected by final SFWMD action may
seek judicial review of the SFWMD's final decision by filing
a notice of appeal pursuant to Florida Rule of Appellate
Procedure 9.110 in the Fourth District Court of Appeal or in
the appellate district where a party resides and filing a
second copy of the notice with the SFWMD Clerk within 30
days of rendering of the final SFWMD action.
LAND AND WATER ADJUDICATORY COMMISSION
9. A party to a "proceeding below" may seek
review by the Land and Water Adjudicatory Commission
(FLAW AC) of SFWMD's final agency action to determine if
such action is consistent with the provisions and purposes
of Chapter 373, Fla. Stat. Pursuant to Section 373.114,
Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin.
Code, a request for review of (a) an order or rule of the
SFWMD must be filed with FLAWAC within 20 days after
rendition of the order or adoption of the rule sought to be
reviewed; (b) an order of the Department of Environmental
Protection (DEP) requiring amendment or repeal of a
SFWMD rule must be filed with FLAW AC within 30 days of
rendition of the DEP's order, and (c) a SFWMD order
entered pursuant to a formal administrative hearing under
Section 120.57(1), Fla. Stat., must be filed no later than 20
days after rendition of the SFWMD's final order.
Simultaneous with filing, a copy of the request for review
must be served on the DEP Secretary, any person named
in the SFWMD or DEP final order, and all parties to the
proceeding below. A copy of Rule 42-2.013, Fla. Admin.
Code is attached to this Notice of Rights.
PRIVATE PROPERTY RIGHTS PROTECTION ACT
10. A property owner who alleges a specific action
of the SFWMD has inordinately burdened an existing use
of the real property, or a vested right to a specific use of
the real property, may file a claim in the circuit court where
the real property is located within 1 year of the SFWMD
action pursuant to the procedures set forth in Subsection
70.001 (4)(a), Fla. Stat.
LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION
11. A property owner who alleges that a SFWMD
development order (as that term is defined in Section
70.51 (2)(a), Fla. Stat. to include permits) or SFWMD
enforcement action is unreasonable, or unfairly burdens
the use of the rea! property, may file a request for relief
with the SFWMD within 30 days of receipt of the SFWMD's
order or notice of agency action pursuant to the procedures
set forth in Subsections 70.51 (4) and (6), Fla. Stat.
MEDIATION
12. A person whose substantial interests are,
or may be, affected by the SFWMD's action may choose
mediation as an alternative remedy under Section 120.573,
Fla. Stat. Pursuant to Rule 28-106.111 (2), Fla. Admin.
Code, the petition for mediation shall be filed within 21
days of either writ1en notice through mail or posting or
Revised August, 2000
!
publication of notice that the SFWMD has or intends to
take final agency action. Choosing mediation will not affect
the right to an administrative hearing if mediation does not
result in settlement.
Pursuant to Rule 28-106.402, Fla. Admin. Code, the
contents of the petition for mediation shall contain the
following information:
(1) the name, address, and telephone
number of the person requesting mediation and that
person's representative, if any;
(2) a statement of the preliminary agency
action;
(3) an explanation of how the person's
substantial interests will be affected by the agency
determination; and
(4) a statement of relief sought.
As provided in Section 120.573, Fla. Stat. (1997), the
timely agreement of all the parties to mediate will toll the
time limitations imposed by Sections 120.569 and 120.57,
Fla. Stat., for requesting and holding an administrative
hearing. Unless otherwise agreed by the parties, the
mediation must be concluded within 60 days of the
execution of the agreement. If mediation results in
settlement of the dispute, the SFWMD must enter a final
order incorporating the agreement of the parties. Persons
whose substantial interest will be affected by such a
modified agency decision have a right to petition for
hearing within 21 days of receipt of the final order in
accordance with the requirements of Sections 120.569 and
120.57, Fla, Stat., and SFVVMD Rule 28-106,201 (2), Fla.
Admin. Code. If mediation terminates without settlement of
the dispute, the SFWMD shall notify all parties in writing
that the administrative hearing process under Sections
120.569 and 120.57, Fla. Stat., remain available for
disposition of the dispute, and the notice will specify the
deadlines that then will apply for challenging the agency
action.
VARIANCES AND WAIVERS
13. A person who is subject to regulation
pursuant to a SFWMD rule and believes the application of
that rule will create a substantial hardship or will violate
principles of fairness (as those terms are defined in
Subsection 120.542(2), Fla. Stat.) and can demonstrate
that the purpose of the underlying statute will be or has
been achieved by other means, may file a petition with the
SF\^/MD Clerk requesting a variance from or waiver of the
SF\^/MD rule. Applying for a variance or waiver does not.
substitute or extend the time for filing a petition for an
administrative hearing or exercising any other right that a
person may have concerning the SFWMD's action.
Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the
petition must include the following information:
(a) the caption shall read:
Petition for (Variance from) or 0/Vaivèr of) Rule (Citation)
(b) The name, address, telephone number
and any facsimile number of the petitioner;
(c) The name, address telephone number
and any facsimile number of the attorney or qualified
representative of the petitioner, (if any);
(d) the applicable rule or portion of the rule;
(e) the citation to the statue the rule is
implementing;
(f) the type of action requested;
(g) the specific facts that demonstrate a
substantial hardship or violation of principals of fairness
that would justify a waiver or variance for the petitioner;
(h) the reason why the variance or the waiver
requested would serve the purposes of the underlying
statute; and
(i) a statement of whether the variance or
waiver is permanent or temporary, If the variance or
waiver is temporary, the petition shall include the dates
indicating the duration of the requested variance or waiver.
A person requesting an emergency variance from or
waiver of a SFWMD rule must clearly so state in the
caption of the petition. In addition to the requirements of
Section 120.542(5), Fla. Stat. pursuant to Rule 28-
104.004(2), Fla. Admin. Code, the petition must also
include:
a) the specific facts that make the situation an
emergency; and
b) the specific facts to show that the petitioner will
suffer immediate adverse effect únless the variance or
waiver is issued by the SFWMD more expeditiously than
the applicable timeframes set forth in Section 120.542, Fla.
Stat.
WAIVER OF RIGHTS
14. Failure to observe the relevant time
frames prescribed above will constitute a waiver of such
right.
28-106.201
INITIATION OF PROCEEDINGS
(INVOLVING DISPUTED ISSUES OF MATERIAL FACT)
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's file or identification number, if known;
(b) The name, address, and telephone number of the
petitioner; the name, address, and telephone number of
the petitioner's representative, if any, which shall be the
address for service purposes during the course of the
proceeding, and an explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner
received notice of the agency decision;
(d) A statement of all disputed issues of material fact.
If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged,
as well as the rules and statutes which entitle the petitioner
to relief; and
(f) A demand for relief.
Revised August, 2000
28-1 06.301 INITIATION OF PROCEEDINGS
(NOT INVOLVING DiSPUTED ISSUES OF MATERIAL FACT) .
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected
and each agency's file or identification number, it known;
(b) The name, address, and telephone number of the
petitioner; the name, address, and telephone number of
the petitioner's representative, if any, which shall be the
address for service purposes during the course of the
proceeding, and an explanation of how the petitioner's
substantial interests will be affected by the agency
determination;
(c) A statement of when and how the petitioner
received notice of the agency decision;
(d) A concise statement of the ultimate facts alleged,
as well as the rules and statutes which entitle the petitioner
to relief; and
(e) A demand for relief.
28-107.004 SUSPENSION, REVOCATION, ANNULMENT,
OR WITHDRAWAL
(3) Requests for hearing filed in accordance with this
rule shall include:
(a) The name and address of the party making the
request, for purposes of service;
(b) A statement that the party is requesting a hearing
involving disputed issues of material fact, or a hearing not
involving disputed issues of material fact; and
(c) A reference to the notice, order to show cause,
administrative complaint, or other communication that the
party has received from the agency.
42-2,013 REQUEST FOR REVIEW PURSUANT TO
SECTION 373.114 OR 373.217
(1) In any, proceeding arising under Chapter 373, F.S.,
review by the Florida Land and Water Adjudicatory
Commission may be initiated by the Department or a party
by filing a request for such review with the Secretary of the
Commission and serving a copy on any person named in
the rule or order, and on all parties to the proceeding
which resulted in the order sought to be reviewed. A
certificate of service showing completion of service as
required by this subsection shall be a requirement for a
determination of sufficiency under Rule 42-2.0132. Failure
to file the request with the Commission within the time
period provided in Rule 42-2.0132 shall result in dismissal
of the request for review.
(2) The request for review shall identify the rule or order
requested to be reviewed, the proceeding in which the rule
or order was entered and the nature of the rule or order. A
copy of the rule or order sought to be reviewed shall be
attached. The request for review shall state with
particularity:
(a) How the order or rule çonflicts with the
requirements, provisions and purposes of Chapter 373,
F .S., or rules duly adopted thereunder;
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(b) How the rule or order sought to be reviewed
affects the interests of the party seeking review;
(c) The oral or written statement, sworn or unsworn,
which was submitted to the agency concerning the matter
to be reviewed and the date and location of the statement,
if the individual or entity requesting the review has not
participated in a proceeding previously instituted pursuant
to Chapter 120, F.S., on the order for which review is
sought;
(d) If review of an order is being sought, whether and
how the activity authorized by the order would
substantially affect natural resources of statewide or
regional significance, or whether the order raises issues of
policy, statutory interpretation, or rule interpretation that
have regional or statewide significance from a standpoint
of agency precedent, and all the factual bases in the
record which the petitioner claims support such
determination(s); and
(e) The action requested to be taken by the
Commission as a result of the review, whether to rescind or
modify the order, or remand the proceeding to the water
management district for further action, or to require the
water management district to initiate rulemaking to adopt,
amend or repeal a rule.
28-107,005 EMERGENCY ACTION
(1) If the agency finds that immediate serious danger
to the public health, safety, or welfare requires emergency
action, the agency shall summarily suspend, limit, or
restrict a license.
(2) the 14-day notice requirement of Section
120.569(2)(b), F. S., does not apply and shall not be
construed to prevent a hearing at the earliest time
practicable upon request of an aggrieved party.
(3) Unless otherwise provided by law, within 20 days
after emergency action taken pursuant to paragraph (1) of
this rule, the agency shall initiate a formal suspension or
revocation proceeding in compliance with Sections
120.569,120:57. and 120.60, F,S.
40E-1.611 EMERGENCY ACTION
(1) An emergency exists when immediate action is
necessary to protect public health, safety or welfare; the
health of animals, fish or aquatic life; the works of the
District; a public water supply, or recreational, commercial,
industrial, agricultural or other reasonable uses of land and
water resources.
(2) The Executive Director may employ the resources
of the District to take whatever remedial action necessary
to alleviate the emergency condition without the issuance
of an emergency order, or in the event an emergency order
has been issued, after the expiration of the requisite time
for compliance with that order,
Revised August, 2000
, ,
Last Date For Agency Action: December 12, 2002
INDIVIDUAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT
Project Name: Walnut Lakes
Permit No,: 11-02131-P
Application No,: 010309-8
App1ication Type: Environmental Resource (Conceptual Approval And New Construction/Operation)
Location: Collier County, S12!T51 S/R26E
DRAfT
Subject to Governing
Board Approvat
Permittee: Walnut Lakes Lie
Operating Entity: Walnut Lakes Homeowners Association
Project Area: 200.12 acres
Project Land Use: Residential
Drainage Basin: EAST COLLIER
Receiving Body: HENDERSON CREEK VIA US 41 ROADSIDE CANAL
Class: OFW
Special Drainage District: NA
Total Acres Wetland Onsite: 83.98
Total Acres Wetland Preserved On site: 25.12
Total Acres Impacted Onsite : 58.86
Total Acres Presv/Mit Compensation Onsite: 26,13
Conservation Easement To District: Yes
Sovereign Submerged Lands: No
The purpose of this application is to request an Environmental Resource Permit for Construction and
Operation of a Surface Water Management System serving a 200.12-acre residential subdivision known
as Walnut Lakes, with discharge into waters of Henderson Creek via an existing US-41 roadside canal.
App.no. : 010309·8
Page 1 of 14
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PROJECT EVALUATION:
Þ$QJ.E.CT SITE QJ;$CRIPJION:.i; >:: '·;,:.>n/'.;,·c
The project site is located approximately two miles east of Collier Boulevard, AKA County Road-951, and
north of US-41 in Naples, Collier County, Florida.
The site is bounded on the north by the Naples Reserve Project, to the east by the existing West Wind
Mobile Home park, to the south by US-41 and to the west by the Naples Reserve access road. The
majority of the site is located within the boundaries of the Deltona Settlement Agreement. A 20 acre parcel
of land outside of the Settlement Agreement boundaries. The Deltona Settlement Agreement, finalized in
1982, set out lands which could be developed and lands which Deltona was required to deed to the State
for preservation. Under the Agreement, environmental impacts related to work on the designated
development lands were addressed and mitigation provided. As a result, the Agreement prevents the
District from addressing environmental impacts on a site-by-site basis.
Historically, the site was a farm field and now contains disturbed uplands and wetland areas and a partially
excavated lake. The terrain ranges in natural ground elevation from approximately 4.40' NGVD in the
lower areas to 6.80' NGVD at higher grounds,
Vegetatively the site is dominated by disturbed land resulting from prior construction activities such as land
clearing, excavation and borrowing. These areas contain scattered slash pine and live oak, Brazilian
pepper, bahia grass, smutgrass, rush fuirena, natal grass and blackroot. Other upland vegetative
assemblages are a palmetto prairie and pine flatwoods in the northeast portion of the site. The site also
contains 72.26 acres of disturbed jurisdictional wetlands containing assemblages of slash pine, cabbage
palm, ear-leaf acacia, melaleuca, Brazilian pepper, wax myrtle, willow, coco plum and ceasar weed.
Additionally, the site contains 24.21 acres of other surface waters in the southcentral portion of the site
which is the result of prior lake excavation activities (See Exhibit 9, FLUCCS Map),
-PBQJg~ì~~ÄçRºB'[~lÑJ~:Ei{1:~1~~fi~~~I~~~~~~~fiffJI~~~'it~t~~}ª}~T~~~
The project site was issued Surface Water Management Permit No. 11-00191-S on September 11, 1980
authorizing Construction and Operation of a Surface Water Management system serving 207.00 acres of
a residential development known as Naples Isles, with discharge to the existing US-41 roadside canal.
Two subsequent individual permit modifications followed, the first on June 10, 1982 and the second on
November 3, 1988.
The permit for Naples Isles has now expired.
PROPOSED PROjECT:
. . .. .
The proposed improvements consist of a master surface water management system, two ingress - egress
roadways for site access from US-41 and from the Naples Reserve entrance roadway, residential tracts, a
Clubhouse and a Community Park with two tennis courts and a basketball court.
The master storm water management system consists of interconnected wet detention lakes. The system
is divided into 2 cascading basins; the first is controlled at elevation 5.90' NGVD, located in the north side
of the site and the second southern basin is controlled at elevation 5.00' NGVD.
The project was designed using an allowable discharge rate of 0.15 cfs per acre as established by Collier
County Ordinance 90-10. Once treated, the storm water runoff is discharged directly into the existing US-
41 roadside canal which discharges to Henderson Creek, and eventually the Gulf of Mexico via the
Outstanding Florida Waters of Rookery Bay.
The Walnut Lakes master surface water management system provides attenuation and water quality for
App.no. : 010309-8
Page 2 of 14
25.11 ac-ft of storm water runoff equivalent to 1.5 inches over the entire development All storm water
runoff originating from the project site is receiving 50 percent of additional water quality treatment prior to
offsite discharge. This additional treatment is done in order to meet current Florida Administrative Code
anti-degradation requirements prior to discharging into Outstanding Florida Waters.
The proposed main and internal roadways provide access to the residential lots as well as connectivity
with US-41. The road alignment and configuration allows the conveyance of storm water runoff into
roadside inlets or gutters. These structures are part of the storm water sewer which discharges into the
master surface water system.
The Clubhouse facilities contain an onsite dry detention pond where half inch of dry pretreatment is
provided for surface water runoff from this particular tract, prior to discharging into the master system.
!-:~~J?,:q$-gI~~~~]~:§i~fi20fI~:'t¡~~~~~'iæ~i~~5S~Jfl~'~~It~~~~~7J~-~\~9:š~~~;~I~Ær~s~ï1~ð1~:~1~~tt';iìi:f¿1iJh~j!i~
Construction:
Project:
Total Project
Building Coverage
Pavement
Pervious
Preserved
Water Mgnt Acreage
19.85
35.29
82.35
26.12
36.51
Total:
200.12
acres
acres
acres
acres
acres
W~r:~~:..º.ºAijfrt.Y_~;:~~0:C~~;@}:~Y~~:~~21f;~~~;~f~~¡:î#1}~~fh~.f~~14~Jf~ì~iJß~~~~~J~~~!;Jf~~¥tk¥~~¡~1~
Discharge Rate:
The project was designed using an allowable discharge rate of 0.15 cfs per acre as establish by Collier
County Ordinance 90-10.
Discharge Storm Frequency: 25 YEAR-3 DAY
Basin
Allow Disch
(cfs)
30,01
1
Finished Floors:
Building Storm Frequency: 100 YEAR-3 DAY
Basin
Peak Stage
(ft, 'NGVD)
7,47
7,7
1
2
App.no. : 010309-8
Design Rainfall: 12.37 inches
Method Of
Determination
Collier County Ordinance
90-10
Peak Disch
(cfs)
29,48
Peak Stage
(ft, NGVD)
6.7
Design Rainfall :
Proposed Min, Finished Floors
(ft, NGVD)
7.7
7.7
15.36 inches
FEMA Elevation
(ft, NGVD)
N/A
N/A
Page 3 of 14
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Road Design:
Road Storm Frequency: 25 YEAR-3 DAY
Basin
Peak Stage
(ft, NGVD)
6.7
7.43
Design Rainfall: 12.37 inches
Proposed Min, Road Crown
(ft, NGVD)
7
7,9
1
2
Parking Lot Design:
Parking Lot Storm Frequency: 10 YEAR-1 DAY
Basin Peak Stage
(ft, NGVD)
1 6,21
2 6.99
Design Rainfall 7.1 inches
Proposed Min.Parking Elev.
(ft, NGVD)
6.21
6,99
Control Elevation:
Basin
Area Ctrl Elev WSWT Ctrl Elev Method Of
(Acres) (ft, NGVD) (ft, NGVD) Determination
116.25 5/5 5.00 Monitoring Data
83.87 5.9/5,9 5.90 Monitoring Data
1
2
Receiving Body:
Basin
1
2
2
Discharqe Structures:
Weirs:
Basin
Str.#
CS#35A
CS#11A
CS#21A
Receiving Body
US-41 CANAL
BASIN 1
BASIN 1
Str# Count
Type
Width Height Length
Dia.
Elev,
(ft, NGVD)
5.65 (crest)
1
CS#35A 1
Rectangular
15' 1.85'
Water Quality Structures:
Bleeders:
Basin Str# Count
CS#35A
CS#11 A
CS#21 A
1
1
1
Type Width Height Length Dia. Invert Invert Elev,
Angle (ft, NGVD)
Rectangular Orifice 49" 4" 5
Rectangular Notch l' 1.6' 5.9
Rectangular Notch 1 ' 1.6' 5.9
1
2
2
WATER' aü~qr(T
The Walnut Lakes master surface water management system provides attenuation and water quality for
25.11 ac-ft of storm water runoff equivalent to 1.5 inches over the entire development. All storm water
runoff originating from the project site is receiving 50 percent of additional water quality treatment prior to
oUsite discharge. This additional treatment is done in order to meet current Florida Administrative Code
anti-degradation requirements prior to discharging into Outstanding Florida Waters.
App.no. : 010309-8
Page 4 oJ 14
No adverse water quality impacts are anticipated as a result of the proposed project.
1
Treatment
Wet Detention
Vol Req.d
(ac-ft)
25.11
Vol Prov'd
(ac-ft)
25.11
Basin
Treatment Method
~~T_LANDS·:-:· .
Wetland Impacts:
The proposed site plan will impact approximately 58,86 acres of disturbed wetlands with 49.27 acres of
these wetlands within the limits of the Deltona Settlement Agreement line. Therefore, wetland impacts
that lie within the boundary of this agreement area do not require compensatory mitigation. With the
exception of 1.65 acres of impact to disturbed cypress in the northeast, the remaining impacts are to
disturbed pine and Brazilian pepper wetlands which were historically impacted from past agricultural
activities and land clearing. The wetland impacts will result from the construction of the residential lots,
internal roadways, amenities and surface water management system (see Exhibit 10, Wetland Impacts),
The site plan has also been designed to provide a wetland/upland preservation and enhancement area
contiguous to the Naples Reserve Golf Club conservation area immediately to the north.
Pursuant to Section 4.2.7 of the Basis of Review, protective measures have been incorporated into the
pröject design to prevent secondary impacts to the water resources. Specifically, all surface water runoff
will be pretreated prior to discharging into wetlands and the preserved wetlands have incorporated a 15'
minimum, 25' average upland buffer. In areas where the 15' minimum buffer cannot be maintained, a
structural buffer is provided. Additionally, a preserve area consisting of upland and wetland habitats will
form a contiguous habitat boundary which encircles the property along the northern ·border adjacent to the
Naples Reserve project. The preserved wetland and upland area will be protected within a 26 acre
conservation easement which will be recorded no later than February 14, 2003. The site has undergone
numerous wildlife surveys according to county and FFWCC guildelines and no threatended, endangered
or species of special concern were found on site. Finally, the District has coordinated with the Florida
Department of State, Division of Historical Resources to determine if the project will result in impacts to
significant historical or archaeological resources. The Division of Historical Resources has determined the
project will have no effect on historic properties listed, or eligible for listing, in the National Register of
Historic Places.
In accordance with the secondary impact criteria, it has been determined that the project, as proposed, will
not cause secondary impacts to the water resources.
Mitigation Proposal:
No mitigation is required for wetlands within the Deltona Set1lement Agreement boundary. To offset the
proposed impact to the 9.6 acres of disturbed wetlands outside of the Deltona Settlement Agreement line,
26.13 acres of wetlands and uplands will preserved and enhanced through exotic removal and re-grading
where needed. The limits of the areas to be mechanically cleared and re-graded will be flagged in the field
and verified by District staff prior to clearing. A planting plan has been provided for those areas to be
graded and for those areas not achieving at least 80% desirable plant cover within the first two years. The
preserved wetland and upland areas will be protected within a 26.13 acre conservation easement which
will be recorded no later than· February 14, 2003 (see Exhibits 11 A-11 E and 12-13, Mitigation, Monitoring
and Monitoring Plans).
App.no. : 010309-8
Page 5 of 14
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Cumulative Impact Assessment:
Pursuant to Section 4.2.7 and 4.2.8 of the Basis of Review, the applicant has provided reasonable
assurance that the proposed project will not result in cumulative impacts upon wetlands and other surface
waters within the same drainage basin. The proposed project has been considered in conjunction with:
existing projects; projects currently under review; and activities under review, approved, or vested in the
same drainage basin. The proposed project is located within the West Collier drainage basin which
contains numerous publicly held lands including CREW lands and Corkscrew Swamp Sanctuary. Projects
in the basin that were considered in conjunction with this proposal include Naples Reserve Golf Club,
Silver Lakes and Habitat Village. The West Collier Basin is approximately 644,708 acres in size and
includes approximately 365,675 acres of wetlands, or 57%.
Specifically, the project proposes to impact 58.86 acres of disturbed wetlands with 49.27 acres of these
impacts occuring within the limits of the Deltona Settlement line. Compared to other projects in the
vicinity, the proposed impact accounts for a very small percentage of similiar existing wetlands within the
basin on both publicly and privately held lands, Of the 365,675 acres of wetlands in the basin, 296,044
acres are freshwater wetlands with 221,800 acres of these being "protected wetlands" (74.9%) and 74,244
acres being "at risk" wetlands. Wetlands classified as "protected" are wetlands which are either: preserved
in place under public ownership or conservation easements, targeted for public aquisition or within
currently permitted projects. The wetlands classified as "at risk" are those wetlands which could potentially
be developed. The proposed project, which includes 9.59 acres of wetland impacts outside the Oeltona
Settlement line, will result in a loss of 0.002% of the basin's freshwater wetlands. Additionally, the
applicant will record a 26.13 acre conservation easement no later than February 14, 2003.
Based on the factors outlined above, it has been determined that the project has provided reasonable
assurance that cumulative impacts to wetlands and other surface waters within the drainage basin will not
occur as a result of the proposed project.
Mon ¡toring/Maintenance:
A maintenance program will be applied to the preserved and enhanced wetland and upland areas on a
quarterly basis and in perpetuity to insure total coverage of exotic and nuisance plant species does not
comprise more than 5% total coverage. The mitigation areas will be free from exotics immediately
following treatment and at no time will exotic and nuisance vegetation constitute greater than 5% of the
total vegetative cover between inspections. Survival of planted material shall be maintained at a minimum
80% survival rate with maintenance conducted in perpetuity. Monitoring will be conducted annually for five
years according to District guidelines and will include a baseline, time zero and five annual monitoring
reports containing photographs, vegetative composition, wildlife observations, staff gauge readings, and
survival rates of planted material (see Exhibits 11 A-11 E and 12-13, Mitigation, Monitoring and
Maintenance Plans).
App.no. : 010309-8
Page 6 of 14
Wetland Inventory:
CONSTRUCTION NEW -WALNUT LAKES
ONSITE
Pre-Development
Post-Development
Total Impacted Undisturbed Enhanced Preserved RestoredJ
Existing Created
Fresh Water Forested 83.98 58,86 25.12 25.12
Other Surface Waters 3.47 3.47
Upland 1.01 1,01
Total: 88,46 62,33 25.12 26,13
The project site does not contain preferred habitat for wetland-dependent endangered or threatened
wildlife species or species of special concern. No wetland-dependent endangered/threatened species or
species of special concern were observed onsite, and submitted information indicates that potential use of
the site by such species is minimal. This permit does not relieve the applicant from complying with all
applicable rules and any other agencies' requirements if, in the future, endangered/threatened species or
species of special concern are discovered on the site.
CËRfJ¡:lcAtI6í'FÄÑD'ÑìÄ1Nf'E-NÄNCE"OF}fHE~WA'fEFfMANÄ"GEMENt~SŸSTEM;'ff"':J~;~Í1}Šg~~~~
_..;;.o,...............",._._:_.~--'."_ ..;.~........_ .-__.Ä..'-Ln':'-~" '~-"'~'-J~""""'~~_ .--....~::.-A.. .....~.,..~.,"-"-_..._.__.., ........."'-""__...¡,~...~"'__..~'..........-~.,____.._...__............~.,_____¥.c·.-...._.;.,....-~,__,~;_,_- ..... __';J,...,,-.__-,..'~-.u&.?'f_.~~"''';IIL-E~L...~,,;
It is suggested that the permittee retain the services of a Professional Engineer registered in the State of
Florida for periodic observation of construction of the surface water management (SWM) system, This will
facilitate the completion of construction completion certification Form #0881 which is required pursuant to
Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida
Water Management District, and Rule 40E-4361 (2), Florida Administrative Code (FAC.).
Pursuant to Chapter 40E-4 FAC., this permit may not be converted from the construction phase to the
operation phase until certification of the SWM system is submitted to and accepted by this District. Rule
40E-4.321 (7) F.A.C. states that failure to complete construction of the SWM system and obtain operation
phase approval from the District within the permit duration shall require a new permit authorization unless a
permit extension is granted.
For SWM systems permitted with an operating entity who is diHerent from the permittee, it should be noted
that until the permit is transferred to the operating entity pursuant to Rule 40E-1.61 07, F.A.C., the permittee
is liable for compliance with the terms of this permit.
The permittee is advised that the eHiciency of a SWM system will normally decrease over time unless the
system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial
blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may
result. Maintenance of the SWM system is required to protect the public health, safety and the natural
resources of the state. Therefore, the permittee must have periodic inspections of the SWM system
performed to ensure performance for flood protection and water quality purposes. If deficiencies are found,
it is the responsibility of the permittee to correct these deficiencies in a timely manner.
App.no. : 010309-8
Page 7 of 14
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RELATED CONCERNS:
Water Use Permit Status:
Application No. 010604-14 for irrigation and Application No. 010604-13 for de-watering have both been
found complete and are scheduled for concurrent approval with this Environmental Resource Permit.
Potable Water Supplier:
Collier County Public Works.
Waste Water System/Supplier:
Collier County Public Works.
Right-Of-Way Permit Status:
A Right-of-Way Permit is not required for this project.
DRI Status:
This project is not a DR!.
HistoricaVArcheological Resources:
No information has been received that indicates the presence of archaeological or historical resources or
that the proposed activities could cause adverse impacts to archaeological or historical resources.
DCAlCZM Consistency Review:
The District has not received a finding of inconsistency from the Florida Department of Community Affairs
or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan.
Third Party Interest:
No third party has contacted the District with concerns about this application,
Enforcement:
There has been no enforcement activity associated with this application.
App.no. : 010309·8
Page 8 of 14
STAFF RECOMMENDATION:
The Staff recommends that the following be issued:
An Environmental Resource Permit for Construction and Operation of a Surface Water Management
System serving a 200.12-acre residential subdivision known as Walnut Lakes, with discharge into
waters of Henderson Creek via an existing US-41 roadside canal.
Based on the information provided, District rules have been adhered to.
DRA'fT
Subject to Govemi ng
Board Approval
Staff recommendation is for approval subject to the attached
General and Special Conditions.
STAFF REVIEW:
NATURAL RESOURCE M~NT DIVISION APPROVAL {\"
ENVIRONMENT VAL~A,T~~~ S~~'7'" (. Ii
~ Jf7...A~ ~
Cory L. Peck Karen M. Johnson?
DIVISION DIRECTOR,~:'
-;?/~ ~/
&~~4'¿~'
Robert G. Robbins
DATE: /-<;.~~ 2,
SUPi~RV2S9R
I¿~/ ~b'"J-7~
Richard H~mpsonY:E."-
DATE: /2/67 ð2-
. I
App.no. : 010309-8
Page 9 of 14
/, .
GENERAL CONDITIONS
1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and
performance criteria as approved by this permit. Any deviation from the permitted activity and the
conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter
373. F.S.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications
shall be kept at the work site of the permitted activity. The complete permit shall be available for
review at the work site upon request by District staH. The permittee shall require the contractor to
review the complete permit prior to commencement of the activity authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which does not cause violations of
State water quality standards. The permittee shall implement best management practices for erosion
and pollution control to prevent violation of State water quality standards. Temporary erosion control
shall be implemented prior to and during construction, and permanent control measures shall be
completed within 7 days of any construction activity. Turbidity barriers shall be installed and
maintained at all locations where the possibility of transferring suspended solids into the receiving
waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations
until construction is completed and soils are stabilized and vegetation has been established. All
practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the
Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of
Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, FAC. unless a
project-specific erosion and sediment control plan is approved as part of the permit. Thereafter the
permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion
or shoaling that causes adverse impacts to the water resources.
4. The permittee shall notify the District of the anticipated construction start date within 30 days of the
date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this
permit, the permittee shall submit to the District an Environmental Resource Permit Construction
Commencement Notice Form Number 0960 indicating the actual start date and the expected
construction completion date.
5. When the duration of construction will exceed one year, the permittee shall submit construction status
reports to the District on an annual basis utilizing an annual status report form. Status report forms
shall be submitted the following June of each year.
6, Within 30 days after completion of construction of the permitted activity, the permitee shall submit a
written statement of completion and certification by a registered professional engineer or other
appropriate individual as authorized by law, utilizing the supplied Environmental Resource Permit
Construction Completion/Certification Form Number 0881. The statement of completion and
certification shall be based on onsite observation of construction or review of as-built drawings for the
purpose of determining if the work was completed in compliance with permitted plans and
specifications. This submittal shall serve to notify the District that the system is ready for inspection.
Additionally, if deviation from the approved drawings is discovered during the certification process, the
certification must be accompanied by a copy of the approved permit drawings with deviations noted.
Both the original and revised specifications must be clearly shown. The plans must be clearly labeled
as "As-built" or "Record" drawing. All surveyed dimensions and elevations shall be certified by a
registered surveyor.
7, The operation phase of this permit shall not become eHective: until the permittee has complied with
the requirements of condition (6) above, and submitted a request for conversion of Environmental
Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District
determines the system to be in compliance with the permitted plans' and specifications; and the entity
approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for
Environmental Resource Permit Applications within the South Florida Water Management District,
App.no.: 010309·8
Page10of14
GENERAL CONDITIONS
accepts responsibility for operation and maintenance of the system. The permit shall not be
transferred to such approved operation and maintenance entity until the operation phase of the permit
becomes effective. Following inspection and approval of the permitted system by the District, the
permittee shall initiate transfer of the permit to the approved responsible operating entity if different
from the permittee. Until the permit is transferred pursuant to Section 40E-1.6107, FAC., the
permittee shall be liable for compliance with the terms of the permit.
8. Each phase or independent portion of the permitted system must be completed in accordance with the
permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure
located within the area served by that portion or phase of the system. Each phase or independent
portion of the system must be completed in accordance with the permitted plans and permit conditions
prior to transfer of responsibility for operation and maintenance of the phase or portion of the system
to a local government or other responsible entity.
9. For those systems that will be operated or maintained by an entity that will require an easement or
deed restriction in order to enable that entity to operate or maintain the system in conformance with
this permit, such easement or deed restriction must be recorded in the public records and submitted
to the District along with any other final operation and maintenance documents required by Sections
9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South
Florida Water Management District, prior to lot or units sales or prior to the completion of the system,
whichever comes first. Other documents concerning the establishment and authority of the operating
entity must be filed with the Secretary of State, county or municipal entities. Final operation and
maintenance documents must be received by the District when maintenance and operation of the
system is accepted by the local government entity. Failure to submit the appropriate final documents
will result in the permittee remaining liable for carrying out maintenance and operation of the permitted
system and any other permit conditions.
10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify
the District in writing of the changes prior to implementation so that a determination can be made
whether a permit modification is required.
11. This permit does not eliminate the necessity to obtain any required federal, state, local and special
district authorizations prior to the start of any activity approved by this permit. This permit does not
convey tothe permittee or create in the permittee any property right, or any interest in real property,
nor does it authorize any entrance upon or activities on property which is not owned or controlled by
the permittee, or convey any rights or privileges other than those specified in the permit and Chapter
40E-4 or Chapter 40E-40, FAC..
12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence
any excavation, construction, or other activity involving the use of sovereign or other lands of the
State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund
without obtaining the required lease, license, easement, or other form of consent authorizing the
proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations
from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned
lands.
13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work
qualifies for a general permit pursuant to Subsection 40E-20.302(4), FAC., also known as the "No
Notice" Rule.
14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities
which may arise by rèason of the construction, alteration, operation, maintenance, removal,
abandonment or use of any system authorized by the permit.
App.no. : 010309·8
Page 11 of 14
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GENERAL CONDITIONS
15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit
application, including plans or other supporting documentation, shall not be considered binding, unless
a specific condition of this permit or a formal determination under Section 373.421 (2), F.S., provides
otherwise.
16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other
transfer of ownership or control of a permitted system or the real property on which the permitted
system is located. All transfers of ownership or transfers of a permit are subject to the requirements
of Rules 40E-1.61 05 and 40E-1 ,61 07, F,A.C.. The permittee transferring the permit shall remain
liable for corrective actions that may be required as a result of any violations prior to the sale,
conveyance or other transfer of the system.
17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have
permission to enter, inspect, sample and test the system to insure conformity with the plans and
specifications approved by the permit.
18, If historical or archaeological artifacts are discovered at any time on the project site, the permittee
shall immediately notify the appropriate District service center.
19. The permittee shall immediately notify the District in writing of any previously submitted information
that is later discovered to be inaccurate,
App.no. : 010309-8
Page 12 of 14
SPECIAL CONDITIONS
1. The construction phase of this permit shall expire on November 14,2007.
2. Operation of the surface water management system shall be the responsibility of WALNUT LAKES
HOMEOWNERS ASSOCIATION.
3. Discharge Facilities:
Basin: 1, Structure: CS#35A
1-49" W X 4" H RECTANGULAR ORIFICE with invert at elev. 5' NGVD.
1-15' W X 1.85' H RECTANGULAR weir with crest at elev. 5.65' NGVD.
Receiving body: US-41 CANAL
Control elev : 5 feet NGVD, /5 FEET NGVD DRY SEASON.
Basin: 2, Structure: CS#11 A
1-1' W X 1.6' H RECTANGULAR NOTCH with invert at elev. 5.9' NGVD.
Receiving body: BASIN 1
Control elev: 5.9 feet NGVD. /5.9 FEET NGVD DRY SEASON.
Basin: 2, Structure: CS#21A
1-1' W X 1.6' H RECTANGULAR NOTCH with invert at elev. 5.9' NGVD.
Receiving body: BASIN 1
Control elev : 5.9 feet NGVD. /5.9 FEET NGVD DRY SEASON.
4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality
problems that result from the construction or operation of the surface water management system.
5. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do
not occur in the receiving water.
6. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s)
shall be completed in accordance with the work schedule attached as Exhibit No, 17. Any deviation
from these time frames will require prior approval from the District's Environmental Resource
Compliance staff. Such requests must be made in writing and shall include (1) reason for the change,
(2) proposed start/finish and/or completion dates; and (3) progress report on the status of the project
development or mitigation effort.
7. The District reserves the right to require that additional water quality treatment methods be
incorporated into the drainage system if such measures are shown to be necessary.
8. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the
control elevation. Side slopes shall be nurtured or planted from 2 feet below to 1 foot above control
elevation to insure vegetative growth, unless shown on the plans.
9. Facilities other than those stated herein shall not be constructed without an approved modification of
this permit.
10. A stable, permanent and accessible elevation reference shall be established on or within one hundred
(100) feet of all permitted discharge structures no later than the submission of the certification report.
The location of the elevation reference must be noted on or with the certification report.
11. The permittee shall provide routine maintenance of all of the components of the surface water
management system in order to remove all trapped sediments/debris. All materials shall be properly
disposed of as required by law. Failure to properly maintain the system may result in adverse flooding
conditions.
12. Minimum building floor elevation: BASIN: 1 - 7.70 feet NGVD.
BASIN: 2 - 7.70 feet NGVD,
App.no. : 010309-8
Page 13 of 14
I
I
,
SPECIAL CONDITIONS
13. Minimum road crown elevation: Basin: 1 - 7.00 feet NGVD.
Basin: 2 - 7.90 feet NGVD.
14. Minimum parking lot elevation: Basin: 1 - 6.21 feet NGVD.
Basin: 2 - 6.99 feet NGVD.
15. Permanent physical markers designating the preserve status of the wetland preservation areas and
buffer zones shall be placed as shown on the project plans. The markers shall be maintained in
perpetuity .
16. The successful completion of the mitigation plan is heavily dependent on proper site grading.
Therefore, prior to demobilizing equipment from the site and prior to planting, the permittee shall
schedule an inspection by District Environmental Resource Compliance staff to ensure that
appropriate elevations and slopes have been achieved.
17, Prior to the commencement of construction, the perimeter of the wetland/upland preservation areas
shall be fenced to prevent encroachment into the protected areas. The permittee shall notify the
District's Environmental Resource Compliance staff in writing upon completion of fencing and
schedule an inspection of this work. The fencing shall be subject to District staff approval. The
permittee shall modify the fencing if District staff determines that it is insufficient or is not in
conformance with the intent of this permit. Fencing shall remain in place until all adjacent construction
activities are complete.
18. Although no endangered species, threatened species and/or species of special concern have been
observed onsite and/or the project site does not contain suitable habitat for these species. It shall be
the permittee's responsibility to coordinate with the Florida Fish and Wildlife Conservation
Commission and/or the U.S, Fish and Wildlife Service for appropriate guidance, recommendations
and/or necessary permits to avoid impacts to listed species should they be discovered onsite.
19. No later than February 14, 2003, the permittee shall provide to the District the fully executed and
recorded document depicted in Exhibits 14-15 and 16A-16D to this staff report.
21, A mitigation program for the conservation areas shall be implemented in accordance with Exhibit Nos.
11 A-11 E and 12-13. The permittee shall enhance 25.12 acres of wetlands and enhance 1.01 acres of
upland compensation areas.
22. A monitoring program shall be implemented in accordance with Exhibit Nos. 11A-11E and 12-13.
The monitoring program shall extend for a period of 5 years with annual reports submitted to District
staff. At the end of the first monitoring period the mitigation area shall contain an 80% survival of
planted vegetation, The 80% survival rate shall be maintained throughout the remainder of the
monitoring program, with replanting as necessary. If native wetland, transitional, and upland species
do not achieve an 80% coverage within the initial two years of the monitoring program, native species
shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring
program the entire mitigation area shall contain an 80% survival of planted vegetation and an 80%
coverage of desirable obligate and facultative wetland species.
23. A maintenance program shall be implemented in accordance with Exhibit Nos 11 A-11 E and 12-13, for
the preserved/enhanced wetland/upland areas on a regular basis to ensure the integrity and viability of
those areas as permitted. Maintenance shall be conducted in perpetuity to ensure that the
conservation area is maintained free from Category 1 exotic vegetation (as defined by the Florida
Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance activity.
Coverage of exotic and nuisance plant species shall not exceed 5%of total cover between
maintenance activities. In addition, the permittee shall manage the conservation areas such that
exotic/nuisance plant speci.es do not dominate anyone section of those areas. .
App.no.: 010309-8
Page 14 of 14
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CXHI~REtA and ASSOCIATES,
PROJECT LOCAT (~MAP C sulting Ecologists
WALNUT LAKES DR.·WIN BY, PF DATE: 8/2/00
REVISED 6Y. PF DATE: 11/13/00
FIGURE 1.
2
INC.