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Agenda 11/13/2018 Item #16A2911/13/2018 EXECUTIVE SUMMARY This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Commercial Excavation Permit PL20180002282 to excavate and remove an additional 284,085 cubic yards of material from the existing approved East Naples Mine - Phase 1. OBJECTIVE: To approve Commercial Excavation Permit PL20180002282 for the excavation and removal of an additional 284,085 cubic yards of material from East Naples Mine - Phase 1. CONSIDERATIONS: On September 9, 2003, the Board of County Commissioners (Board) approved Commercial Excavation Permit No. 59.814-1 East Naples Land Mine - Phase 1 (formerly known as Golden Gate Quarry), which was the original permit that allowed an excavation of 9,933,610 cy of fill material. The applicant wishes to expand operation of an existing commercial excavation which would involve removing the berm between East Naples Mine Phase 1 and East Naples Min e Phase 2. The removal of overburden material is to combine the previously approved two lakes into one larger lake. The Phase 2 permit expansion will be a separate agenda item. This project is within the Agricultural (A), Rural Fringe Mixed-Use District (RFMUD) - Receiving Lands Zoning, and within the North Belle Meade Overlay (NBMO) as identified on the Future Land Use Element (FLUE). Pursuant to the County’s Comprehensive Plan for the NBMO District (FLUE section V. B.), the proposed excavation does not require a conditional use approval and is a permitted use on the subject property. For reference, a ten-wheel dump holds the equivalent of roughly 18 cubic yards of compacted fill, so 284,085 cubic yards represents about 15,783 truckloads. If hauling is limited to the historic average annual daily round trips = 156 trips/day, it would take approximately 102 days to haul 284,085 cubic yards of fill offsite. Stipulations from the existing permit will be carried over into the subject expansion permit, as described in the Recommendations section. FISCAL IMPACT: The applicant has paid $5,501.35 for the Commercial Excavation permit application. GROWTH MANAGEMENT PLAN (GMP) IMPACT: This project has been found to be consistent with the goals, objectives, and policies of the GMP including specifically the Future Land Use Element (FLUE), Transportation Element, and Conservation and Coastal Management Element (CCME). ENVIRONMENTAL ISSUES: Offsite hauling of excess fill, if done properly, will have no Environmental impact. There are no wetlands being preserved on this site. Pursuant to the FDEP Permit, the permittee has mitigated for impacts pursuant to the Environmental Resource Permit regulations. There are no Collier County required preserves, as LDC secti on 3.05.02 provides for an exemption from requirement of Vegetation Protection and Preservation in NBMO Receiving Lands. LEGAL CONSIDERATIONS: The Petitioner is requesting a Commercial Excavation Permit under Section 22-110 of the Collier County Code of Laws and Ordinances. The attached staff report and recommendations of the Collier County Planning Commission (CCPC) acting as the Environmental 16.A.29 Packet Pg. 1041 11/13/2018 Advisory Council (EAC) are advisory only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the proposed Commercial Excavation is consistent with all the criteria set forth below, and you may question the Petitioner, or staff, to satisfy yourself that the necessary criteria have been satisfied under Sec tion 22-110(d) of the Collier County Code of Laws and Ordinances. Should you consider denying the Commercial Excavation Permit, to assure that your decision is not later found to be arbitrary, discriminatory or unreasonable: the denial must be based upon competent, substantial evidence that the proposal does not meet one or more of the listed criteria below. Criteria for Commercial Excavations (1) The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flow way, whether public or private, so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County. (2) Dust or noise generated by the excavation will not cause a violation of any applicable provisions of this article. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate county approval. It is anticipated that these activities will not occur during this operation. (3) The excavation will not adversely affect groundwater levels, water quality, hydro-period, or surface water flow ways. The county manager or his designee may require the applicant to monitor the quality of the water in the excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicable State of Florida water quality standards. (4) The excavation will be constructed so as to not cause an apparent safety hazard to persons or property. (5) The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of critical state concern. (6) In cases where a wetland is no longer capable of performing environmental functions or providing environmental values or in cases where it is determined that no reasonable alternative exists other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes. (7) Flow of water within and through preserved wetlands shall not be impeded. (8) Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent sedimentation within the wetland pursuant to the design requirements of Section 10.02.02 of the Land Development Code. Any building site adjacent to a wetland and elevated by filling, must employ the same erosion control devices. Fill must be stabilized using sod, seed, or mulch. This item is approved as to form and legality and requires a majority vote for Board approval. -SAS EAC RECOMMENDATIONS: On October 18, 2018, the Collier County Planning Commission (CCPC), acting in their role of the Environmental Advisory Council (EAC), voted 5-0 to send a recommendation for approval to the Board of County Commissioners (Board), with stipulations recommended by staff. 16.A.29 Packet Pg. 1042 11/13/2018 RECOMMENDATIONS: Recommendation that the Board of County Commissioners (Board) approves the excavation and removal of an additional 284,085 cubic yards of fill within the East Naples Mine, Phase 1 pursuant to Commercial Excavation Permit PL20180002282, subject to existing stipulations in the previously approved Commercial Excavation Permit No. 59.814-1, as described in the attached document labeled "Phase 1 Excavation Permit with stipulations." Prepared by: Matt McLean P.E., Development Review Director, Development Review Division ATTACHMENT(S) 1. CCPC Staff Report (PDF) 2. Location Map (PDF) 3. BCC prior approval Agenda 09-09-2003 Item #8E (PDF) 4. FDEP approval (PDF) 5. Haul Route (PDF) 6. Phase 1 Excavation Permit with stipulations (PDF) 7. Phase 1 Excavation plans (PDF) 8. Traffic Impact Analysis (PDF) 16.A.29 Packet Pg. 1043 11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.29 Doc ID: 7028 Item Summary: This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Commercial Excavation Permit PL20180002282 to excavate and remove an additional 284,085 cubic yards of material from the existing approved East Naples Mine – Phase 1. Meeting Date: 11/13/2018 Prepared by: Title: Technician – Growth Management Development Review Name: Lucia Martin 10/11/2018 3:34 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 10/11/2018 3:34 PM Approved By: Review: Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/11/2018 4:09 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 10/12/2018 11:26 AM Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 10/15/2018 1:12 PM Growth Management Department Matthew McLean Additional Reviewer Completed 10/18/2018 10:59 AM Growth Management Department Kenneth Kovensky Deputy Department Head Review Completed 10/18/2018 11:31 AM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 10/18/2018 12:07 PM Growth Management Department Jeanne Marcella Department Head Review Completed 10/19/2018 8:11 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/19/2018 10:24 AM County Attorney's Office Emily Pepin CAO Preview Completed 10/19/2018 3:03 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/22/2018 9:26 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/22/2018 10:31 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/04/2018 2:43 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 16.A.29 Packet Pg. 1044 AGENDA ITEM 9.B.1 16.A.29.a Packet Pg. 1045 Attachment: CCPC Staff Report (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.a Packet Pg. 1046 Attachment: CCPC Staff Report (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.a Packet Pg. 1047 Attachment: CCPC Staff Report (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.a Packet Pg. 1048 Attachment: CCPC Staff Report (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.a Packet Pg. 1049 Attachment: CCPC Staff Report (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.a Packet Pg. 1050 Attachment: CCPC Staff Report (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) EAST NAPLES MINE PHASE 1 LOCATION MAP 16.A.29.b Packet Pg. 1051 Attachment: Location Map (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.c Packet Pg. 1052 Attachment: BCC prior approval Agenda 09-09-2003 Item #8E (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.c Packet Pg. 1053 Attachment: BCC prior approval Agenda 09-09-2003 Item #8E (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.c Packet Pg. 1054 Attachment: BCC prior approval Agenda 09-09-2003 Item #8E (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.c Packet Pg. 1055 Attachment: BCC prior approval Agenda 09-09-2003 Item #8E (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.cPacket Pg. 1056Attachment: BCC prior approval Agenda 09-09-2003 Item #8E (7028 : Commercial Excavation Approval - 16.A.29.c Packet Pg. 1057 Attachment: BCC prior approval Agenda 09-09-2003 Item #8E (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.c Packet Pg. 1058 Attachment: BCC prior approval Agenda 09-09-2003 Item #8E (7028 : Commercial Excavation Approval - East Naples Mine Phase 1)   Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road, MS 3577 Tallahassee, Florida 32399-2400 Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary May 4, 2018 East Naples Land Company c/o Jeffery E. Johnson 1051 Clark Street Abingdon, VA 24210 Email: jjohnson@paramontltd.com RE: East Naples Land Company Mine – Collier County Permit Modification No. MMR_200965-004 Dear Mr. Johnson: On July 7, 2003, the Florida Department of Environmental Protection (Department) issued East Naples Land Company an environmental resource permit, ERP No. MMR_200965-001 to initiate limerock mining activities at a 166.04-acre portion of the 1,743.24-acre East Naples Mine in Collier County, now referenced to as Phase 1. On June 9, 2011, the Department issued East Naples Land Company a modification to ERP No. MMR_200965-001 to expand the mine boundary into Phase 2. The modification was assigned file name ERP No. MMR_200965-002. The modification -002 increased the total adverse impacts to wetlands by 49.39 acres. It also increased the total area served by the surface water management system by 259.0 acres to 416.17 acres. ERP No. 200965-002 superseded Permit No. 200965-001. On December 7, 2011, the Department issued ERP No. MMR_200965-003, to allow additional time to record the conservation easement (CE) required by ERP No. MMR_200965-002 and updated Specific Condition 27 to reflect this additional time to record the CE. As mitigation for the impacts to wetlands in Phase 1, the permittee has protected 11.72 acres of uplands and wetlands by a conservation easement, and enhanced the vegetation therein by controlling nuisance and exotic plants. Mitigation for the additional wetland impacts of Phase 2 will be provided through the vegetative enhancement of 448.87 acres (78.12 acres wetlands, 370.75 acres uplands) and the protection of these lands under a conservation easement. The mitigation lands are located in Sections 23 and 24, in an area designated by the Collier County Comprehensive Plan as "Sending Lands," whereby Transfers of Development Rights (TDR) allow development rights to be relocated to 16.A.29.d Packet Pg. 1059 Attachment: FDEP approval (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 2 "Receiving Lands," such as the mine property. It is expected the other Sending Lands in the vicinity of the mitigation lands will also be largely protected by the County, or preserved under Federal panther habitat compensation requirements. On April 20, 2018, the Department received a request to modify ERP No. MMR_200965-002 to allow for mining activities in the approximately 5-Acre uplands buffer between Phase 1 and Phase 2 (Figure: Sheet 13 of 15) resulting in one lake (both Phase 1 and Phase 2) approximately 391.77 acres in size. The reclamation of the area will consist of approximately 425.04 acres consisting of 391.77 acres of lake (FLUCCS 530), 28.63 acres of Improved Pasture (FLUCCS 211), 0.81 acres of Unimproved pastures (FLUCCS 212), 0.24 acres of Fox Grape- Cabbage Palm Rangeland (FLUCCS 330), 0.14 acres of Cypress-Fox Grape- Beautyberry Upland (FLUCCS 410/621), 2.25 acres of Shrubs/Herbaceous (FLUCCS 616), and 1.20 acres of Foxtail-Herbaceous Wet Pastureland (FLUCCS 643/210) (Figures: Sheet 14 of 15 and Sheet 25 of 25). The Department noticed a technical error in specific conditions 42 and 45 in ERP #200965-002. On May 3, 2018, East Naples Land Company acknowledged the need for technical permit modification in accordance with 62-330.315(2)(f) Florida Administrative Code (F.A.C). There will be no additional wetland impacts as a result of this modification. The general conditions and remaining specific conditions of the Permit remain unchanged. The expiration date of the Permit, as stated in ERP #200965-002, of June 9, 2031, remains unchanged. The Specific Conditions of the permit are hereby modified as follows: SC#42 Water Quality Screening. DELETED. Water quality within the active mine pits shall be screened at each blasting location, prior to and after the blast. The water samples shall be collected adjacent to the blasting location, at a depth of 10 feet below the elevation of the mining bench. At each planned blasting location: a. The permittee shall collect pre-blast water quality samples, no more than 24 hours prior to the start of the loading of the explosive material. b. The permittee shall collect post-blast samples within 24 hours after the blast. c. Each sample shall be tested for the following constituents: total nitrogen, nitrate-nitrite, and benzene. The water quality samples shall be promptly analyzed and reported to the Department. The data shall be compiled into a monthly blasting report letter which 16.A.29.d Packet Pg. 1060 Attachment: FDEP approval (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 3 shall be submitted within 28 days of the last day of the month. The monthly blasting report shall provide the following information: • A description of the blasting agents used during the month, • the number and dates of blasting events during the month, • the date, locations, and ultimate fate of blasting agents for any borehole locations where detonation did not occur on an initial firing or attempt and • a location map for the sampling sites. If the monthly reports indicate potential surface or ground water quality concerns, the Department may require corrective steps, including additional monitoring or other new or additional conditions, in accordance with rule 62-343.lOO(l)(c), F.A.C. After this screening requirement has been completed for not less than 12 monthly reports with screening results, the permittee may request a minor modification to the permit to remove this condition. SC#45 Groundwater Quality Monitoring. Phase 1 monitoring wells include MW-2251 and MW-2045. Prior to the initiation of any land clearing activity in preparation for mining in Phase 2, the permittee shall: a. Complete the baseline water quality sampling at all wells monitoring wells (MW), including proposed MW-B and MW-D, MW-2045, MW-2250, MW-2251, MW-2253, MW-2254, and Collier County raw water well 26, (shallow and deep) (See Existing Conditions & Topographic Map, signed and seal on 04/20/2018). Baseline sampling parameters shall include chlorides, sulfates, phosphorous, total dissolved solids, iron oxides, cadmium, gross alpha, radium 226 and 228. b. Thereafter, sampling shall be conducted on an annual basis at all wells for phosphorous, iron oxides, cadmium, gross alpha, radium 226 and 228. Sampling for sulfates, total dissolved solids, chlorides shall be conducted on a quarterly basis. The monitoring report detailing the, results of all the sampling along with the certified laboratory analysis work sheets shall be submitted with the annual narrative report. The monitoring may be discontinued after all extraction has ended on the site. NOTICE OF RIGHTS This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, Florida Statutes (F.S.), before the deadline for filing a petition. On the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means 16.A.29.d Packet Pg. 1061 Attachment: FDEP approval (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 4 that the Department's final action may be different from the position taken by it in this notice. Petition for Administrative Hearing A person whose substantial interests are affected by the Department’s action may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-106.201, Florida Administrative Code (F.A.C.), a petition for an administrative hearing must contain the following information: 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 are or 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, including the specific facts that the petitioner contends warrant reversal or modification of the agency’s proposed action; f) a statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and g) a statement of the relief sought by the petitioner, stating precisely the action that the petitioner wishes the agency to take with respect to the agency’s proposed action. The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000. Also, a copy of the petition shall be mailed to the applicant at the address indicated above at the time of filing. 16.A.29.d Packet Pg. 1062 Attachment: FDEP approval (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 5 Time Period for Filing a Petition In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the applicant must be filed within 21 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of that person's right to request an administrative determination (hearing) under Sections 120.569 and 120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C. Extension of Time Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department’s action may also request an extension of time to file a petition for an administrative hearing. The Department may, for good cause shown, grant the request for an extension of time. Requests for extension of time must be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399- 3000, before the applicable deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. Mediation Mediation is not available in this proceeding. Judicial Review Any party to this action has the right to seek judicial review pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000; and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of 16.A.29.d Packet Pg. 1063 Attachment: FDEP approval (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 6 Appeal. The Notice of Appeal must be filed within 30 days from the date this action is filed with the Clerk of the Department. The files associated with this order are available upon request. Please address your request to MiningAndMitigation@dep.state.fl.us and include the file number in your request. Executed in Tallahassee, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Orlando E. Rivera, PWS, CERP Program Administrator Mining and Mitigation Program Prepared by Zachariah Shely Attachments: Replace Sheet 10 of 14 - Master Drainage Plan Phase 1 (Signed and Sealed March 3, 2003) with Sheet 9 of 15 - Master Drainage Plan Phase 1 (Signed and Sealed April 20, 2018) Replace Sheet 11 of 14 - Master Mining Plan Phase 1 (Signed and Sealed March 3, 2003) with Sheet 10 of 15 - Master Mining Plan Phase 1 (Signed and Sealed May 4, 2018) Replace Sheet 14 of 14 - Master Mining Details Phase 1 (Signed and Sealed March 3, 2003) with Sheet 13 of 15 - Master Mining Details Phase 1 (Signed and Sealed May 4, 2018) Replace Sheet 14a of 14 - Post Development Land Use Plan Phase 1 (Signed and Sealed March 3, 2003) with Sheet 14 of 15 - Post Development Land Use Plan Phase 1 (Signed and Sealed May 4, 2018) Replace Sheet 1 of 25 - East Naples Mine Phase 2 Location Map (Signed and Sealed July 9, 2008) with Sheet 1 of 25 - East Naples Mine Phase 2 Location Map (Signed and Sealed April 20, 2018) Replace Sheet 3 of 25 - Aerial Photograph (Signed and Sealed July 9, 2008) with Sheet 3 of 25 - Aerial Photograph (Overall) (Signed and Sealed May 4, 2018) Replace Sheet 6 of 25 - Existing Conditions & Topographic Map (Signed and Sealed July 9, 2008) with Sheet 6 of 25 - Existing Conditions & Topographic Map (Signed and Sealed May 4, 2018) 16.A.29.d Packet Pg. 1064 Attachment: FDEP approval (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 7 Replace Sheet 18 of 25 - Master Mining Plan Phase 2 (Signed and Sealed July 9, 2008) with Sheet 18 of 25 - Master Mining Plan Phase 2 (Signed and Sealed May 4, 2018) Replace Sheet 19 of 25 - Master Drainage Plan Phase 2 (Signed and Sealed July 9, 2008) with Sheet 19 of 25 - Master Drainage Plan Phase 2 (Signed and Sealed May 4, 2018) Replace Sheet 23 of 25 - Master Mining Details Phase 2 (Signed and Sealed July 9, 2008) with Sheet 23 of 25 - Master Mining Details Phase 2 (Signed and Sealed May 4, 2018) Replace Sheet 25 of 25 - Post Development Land Use Plan Phase 2 (Signed and Sealed July 9, 2008) with Sheet 25 of 25 - Post Development Land Use Plan Phase 2 (Signed and Sealed May 4, 2018) 16.A.29.d Packet Pg. 1065 Attachment: FDEP approval (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) Permittee: East Naples Land Company Project: East Naples Mine Permit No.: MMR_200965-004 Page 8 CERTIFICATE OF SERVICE The undersigned duly designated deputy clerk hereby certifies that this permit and all copies were sent on the filing date below to the following listed persons: DEP, GIS – Angela.Bozeman@dep.state.fl.us DEP, South District, SouthDirstrict@Dep.state.fl.us DEP, South District, SLERP, Megan.Mills@dep.state.fl.us Karen Miller, TCC-FPSI – MillerKA@tcc.fl.edu Kim Allen, TCC-FPSI – AllenK@tcc.fl.edu SFWMD, Regulation Department, Tony Waterhouse, TWaterho@sfwmd.gov SFWMD, Water Use Permitting, Karin Smith, karsmith@sfwmd.gov USACE, Jacksonville District, Mining Team – CESAJ- Mine.Team@usace.army.mil Collier County Manager, Leo E. Ochs, Jr., maryjobrock@colliergov.net Collier County, Engineering & Natural Resources, BillLorenz@colliergov.net DEP, FL Div. of Recreation & Parks, District IV Administration – Chris.Becker@dep.state.fl.us DEP, FL Div. of Recreation & Parks, Bureau of Natural and Cultural Resources – Cheri.Albin@dep.state.fl.us DOT, Carmen Monroy, Director of Office of Policy Planning, Carmen.Monroy@dot.state.fl.us Mining and Mitigation File FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to Section 120.52, F. S., with the designated Department Clerk, receipt of which is hereby acknowledged. __________ 5/04/18 Clerk Date 16.A.29.d Packet Pg. 1066 Attachment: FDEP approval (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.ePacket Pg. 1067Attachment: Haul Route (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.f Packet Pg. 1068 Attachment: Phase 1 Excavation Permit with stipulations (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.f Packet Pg. 1069 Attachment: Phase 1 Excavation Permit with stipulations (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.f Packet Pg. 1070 Attachment: Phase 1 Excavation Permit with stipulations (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.f Packet Pg. 1071 Attachment: Phase 1 Excavation Permit with stipulations (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.f Packet Pg. 1072 Attachment: Phase 1 Excavation Permit with stipulations (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.g Packet Pg. 1073 Attachment: Phase 1 Excavation plans (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.gPacket Pg. 1074Attachment: Phase 1 Excavation plans (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.gPacket Pg. 1075Attachment: Phase 1 Excavation plans (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) NOTE:16.A.29.gPacket Pg. 1076Attachment: Phase 1 Excavation plans (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.g Packet Pg. 1077 Attachment: Phase 1 Excavation plans (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.gPacket Pg. 1078Attachment: Phase 1 Excavation plans (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) 16.A.29.g Packet Pg. 1079 Attachment: Phase 1 Excavation plans (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx EAST NAPLES MINE MODIFICATIONS TO COMMERCIAL EXCAVATION PERMITS Phase 1 (Permit No. 59.814 – 1) and Phase 2 (Permit No. 59.814 – 2) HM File 1997.044 TRAFFIC IMPACT ANALYSIS JUNE 2018 PREPARED FOR: COLLIER COUNTY GROWTH MANAGEMENT DIVISION 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PREPARED BY: 950 ENCORE WAY NAPLES, FL 34110 W. Terry Cole, P.E. #42347 16.A.29.h Packet Pg. 1080 Attachment: Traffic Impact Analysis (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx TABLE OF CONTENTS 1.0 GENERAL PROJECT INFORMATION ................................................................................................... 3 2.0 TRIP CALCULATIONS .......................................................................................................................... 3 3.0 SIGNIFICANCE ON IMPACTED LINKS ................................................................................................. 4 4.0 EXISTING ROAD CONDITIONS ........................................................................................................... 5 5.0 HAULING ROUTE MAP....................................................................................................................... 5 6.0 EXISTING CONDITION PHOTOS ......................................................................................................... 6 16.A.29.h Packet Pg. 1081 Attachment: Traffic Impact Analysis (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 1.0 GENERAL PROJECT INFORMATION 1.1 LOCATION, EXISTING CONDITIONS & PROPOSED PERMIT MODIFICATIONS The East Naples Mine is comprised of Phase 1 (Permit No. 59.814 – 1) and Phase 2 (Permit No. 59.814 – 2) which are located in parts of Sections 21 and 22, T49 South, R 27 East. Mining began in Phase 1 in 2003 and continues. Mining has not commenced in Phase 2 yet. Since Phases 1 and 2 have the same ownership, it is proposed that the shared boundary between the two phases be excavated. Setbacks from the wetlands in the northeast and southeast corners of Phase 1 will remain as required. The depth of excavation in the respective Phases will remain as previously permitted for each phase – for Phase 1 see Section F on drawing 936-13 and for Phase 2 see Section E on drawing 4459-8. 2.0 TRIP CALCULATIONS 2.1 ESTIMATION OF TOTAL TRIP COUNT Approximate volume to be excavated in Phase 1 (Tract 21) = 284,085 CY Approximate volume to be excavated in Phase 2 (Tract 15) = 506,337 CY Volume moved per truck per trip = 18 CY 𝑇𝑜𝑡𝑎𝑙 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑 𝑖𝑛 𝑃ℎ𝑎𝑠𝑒 1 =284,085 𝐶𝑌18 𝐶𝑌𝑇𝑟𝑖𝑝𝑠=15,783 𝑇𝑟𝑖𝑝𝑠 𝑇𝑜𝑡𝑎𝑙 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑 𝑖𝑛 𝑃ℎ𝑎𝑠𝑒 2 =506,337 𝐶𝑌18 𝐶𝑌𝑇𝑟𝑖𝑝𝑠=28,130 𝑇𝑟𝑖𝑝𝑠 2.2 ESTIMATION OF ADDITIONAL TRIP DAYS The hauling is limited to the historic average annual daily round trip generation rate = 156 𝑇𝑟𝑖𝑝𝑠𝐷𝑎𝑦 𝑃ℎ𝑎𝑠𝑒 1 = 15,783 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑156 𝑇𝑟𝑖𝑝𝑠𝐷𝑎𝑦≈102 𝑑𝑎𝑦𝑠 16.A.29.h Packet Pg. 1082 Attachment: Traffic Impact Analysis (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 𝑃ℎ𝑎𝑠𝑒 2 = 28,130 𝑇𝑟𝑖𝑝𝑠 𝑅𝑒𝑞𝑢𝑖𝑟𝑒𝑑156 𝑇𝑟𝑖𝑝𝑠𝐷𝑎𝑦≈180 𝑑𝑎𝑦𝑠 Phase 1 & 2 = 102 days + 180 days = 282 days 282 days/5 days/week = 56.4 weeks = 14 months 3.0 SIGNIFICANCE ON IMPACTED LINKS 3.1 AFFECTED LINKS The haul route includes (1) – 5th Street to Golden Gate Boulevard, (2) – Golden Gate Boulevard from Collier Boulevard to DeSoto Boulevard, (3) Collier Boulevard from Vanderbilt Beach Road to Pine Ridge Road, and (4) - Wilson Boulevard from Golden Gate Boulevard to Immokalee Road. The estimated 14 months of hauling will contribute approximately 156 average daily trips with trip distributions as shown on the attached Haul Road Map. 3.2 TEMPORARY IMPACT TO AFFECTED LINKS Information provided in Attachment “F” of the Collier County 2017 Annual Update and Inventory Report was used to analyze the impact of the trips on the affected links. The estimated trips attributed to the hauling operation will contribute less than 1% of total peak- hour peak-direction volume for each affected link. These trips are already part of the existing Road From To 2017 Peak Hour Peak Dir Volume Peak Hour Peak Dir Service Volume V/C L O S Collier Boulevard Vanderbilt Beach Road Golden Gate Boulevard 1220 3000 40.7%B Collier Boulevard Golden Gate Boulevard Pine Ridge Road 1904 3000 63.5%C Wilson Boulevard Golden Gate Boulevard Immokalee Road 320 900 35.6%B Golden Gate Boulevard Collier Boulevard Wilson Boulevard 1600 2300 69.6%C Golden Gate Boulevard Wilson Boulevard 18th Street 1102 2300 47.9%B Golden Gate Boulevard 18th Street Everglades Boulevard 1102 1010 109.1%F Golden Gate Boulevard Everglades Boulevard DeSoto Boulevard 223 1000 22.3%B Peak-Hour Peak-Direction Volume per 2017 AUIR 16.A.29.h Packet Pg. 1083 Attachment: Traffic Impact Analysis (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx traffic volumes. The proposed excavation removal will not have a significant or adverse impact on the surrounding road network. 4.0 EXISTING ROAD CONDITIONS 4.1 OVERVIEW An examination of the Collier County portion of the haul route was performed on June 12, 2018. The general condition the roadways is good. There are no significant defects in asphalt, curbs, striping or drainage structures to report. The roadway system was observed to have normal wear and tear including chipped curb, weathered thermos-plastic striping and minor asphalt defects. A Collier County FY2018 Capacity Enhancement Project states that Golden Gate Boulevard will be under construction from Wilson Boulevard to DeSoto Boulevard. At present time, Golden Gate Boulevard from Wilson Boulevard to 18th Street has been expanded to a 4-lane road. Also, a Collier County FY2018 Capacity Enhancement Project has Collier Boulevard, from Golden Gate Boulevard to Green Boulevard expanding into a 6-lane road. As of June 2018, all construction along Collier Boulevard has been completed. If necessary, the mine owner will conduct a review of existing roadway infrastructure with Road Maintenance to determine any concerns due to hauling of excavation material. This review will identify any areas of concern. Criteria to be considered include: 1. Current pavement rating; 2. Field review/survey; 3. Current scheduled repairs; 4. Repairs to reduce the likelihood of accelerated damage under the proposed haul trips. 5.0 HAULING ROUTE MAP See the attached map which shows the general % and # of round trips for various roadway segments. 16.A.29.h Packet Pg. 1084 Attachment: Traffic Impact Analysis (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.0 EXISTING CONDITION PHOTOS 6.1 GOLDEN GATE BOULEVARD AND 5TH STREET INTERSECTION 16.A.29.h Packet Pg. 1085 Attachment: Traffic Impact Analysis (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.2 GOLDEN GATE BOULEVARD AND COLLIER BOULEVARD INTERSECTION 6.3 VANDERBILT BEACH ROAD AND COLLIER BOULEVARD INTERSECTION 16.A.29.h Packet Pg. 1086 Attachment: Traffic Impact Analysis (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.4 COLLIER BOULEVARD AND PINE RIDGE ROAD INTERSECTION 16.A.29.h Packet Pg. 1087 Attachment: Traffic Impact Analysis (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.5 GOLDEN GATE BOULEVARD AND WILSON BOULEVARD INTERSECTION 16.A.29.h Packet Pg. 1088 Attachment: Traffic Impact Analysis (7028 : Commercial Excavation Approval - East Naples Mine Phase 1) C:\Users\TerryCole\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\MWZ6OPY1\TIS for Ph 1 2 Revisions (180618).docx 6.6 GOLDEN GATE BOULEVARD AND EVERGLADES BOULEVARD INTERSECTION 6.7 GOLDEN GATE BOULEVARD AND DESOTO BOULEVARD INTERSECTION 16.A.29.h Packet Pg. 1089 Attachment: Traffic Impact Analysis (7028 : Commercial Excavation Approval - East Naples Mine Phase 1)