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EAC Minutes 07/11/2007 R July 11,2007 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, July 11,2007 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION in Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes Lee Horn Dr. Judith Hushon Roger Jacobsen Nick Penniman Michael V. Sorrell Dr. Llewllyn Williams Richard Miller William W. Hill ALSO PRESENT: Jeff Wright, Assistant County Attorney Susan Mason, Principal Environmental Specialist Summer Araque, Senior Environmental Specialist Robert Wiley, Principal Project Manager, Engineering Services 1 ENVIRONMENTAL ADVISORY COUNCil AGENDA Wednesday - July 11, 2007 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of June 6, 2007 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. land Use Petitions A. Conditional Use CU-2004-AR-6904 "S.R. 846 land Trust" Sections 35 & 36, Township 47 South, Range 27 East Sections 1 & 2, Township 48 South, Range 27 East B. Planned Unit Development Amendment No. PUDZ-A-2006-AR-9374 "Naples Reserve RPUD" Section 1, Township 51S, Range 26E C. Site Development Plan SDP-2006-AR-10397 "Germain Automotive Dealership Inventory Storage lot" Section 16, Township 48 South, Range 25 East VII. Old Business A. Update members on projects Item VIll. A. (below) to be heard no later than 9:30 a.m. and before Land Use Petitions. unless otherwise noted. VIII. New Business A. Presentation about Team OCEAN - Jennifer Rogers of Marine Resource Conservation Partnership B. Update members on upcoming presentation scheduled IX Subcommittee Reports X. Council Member Comments XI. Public Comments XII. Adjournment **********************************************-*********-******** Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental SDecialist no later than 5:00 D.m. on Julv 6. 2007 if yOU cannot attend this meetina or if yOU have a conflict and will abstain from votina on a Detition 1530-62901. General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. July 11, 2007 I. Call to Order The meeting was called to order by Chairman William Hughes at 9:00 AM. II. Roll Call A quorum was established. III. Approval of Agenda Add under New Business, VIII C, a discussion relating to an addition to the Land Development Code on an emergency basis. Mr. Hill moved to approve the Agenda as amended. Seconded by Mr. Penniman. Carried unanimously 9-0. IV. Approval of June 6, 2007 meeting minutes. Page 4 "question" should read "questioned." Page 8, "Dr. Judith" should read "Dr. Judith Hushon." Mr. Jacobsen moved to approve the Minutes of June 6, 2007 as amended. Seconded by Mr. Hill. Carried unanimously 9-0. V. Upcoming Environmental Advisory Council Absences Mr. Hill stated due to his family situation it had been necessary for him to miss two meetings, his ability to attend council meetings regularly may be influenced in the future and he may submit his resignation. Mr. Hill expressed his gratitude for the service and cooperation of staff and thanked the Council. Chairman Hughes stated working with Mr. Hill has been an honor and recommended the door be left open for his return to service on the Council. VIII. A. Presentation about Team OCEAN - Jennifer Rogers of Marine Resource Conservation Partnership Ms. Rogers gave a PowerPoint presentation regarding how the Marine Resource Conservation Partnership came into being and how to join the partnership. (See attached) . Programs were being developed to address the impact of the large increase in boaters . Memorandum of Understanding had been signed by Florida Fish & Wildlife Conservation Commission and the Florida Department of Environmental Protection with a mutual goal of effectively managing marine resources in Florida Discussion: . There should be funding sufficient to support programs without user fees . Private foundation funding was welcome 2 July 11, 2007 . Environmental Council could allow participation by such entities as Parks & Recreation and Coastal Zone Management . Input was welcome from all stakeholders . Would be helpful if Collier County formally supported the program . Everglades Park system changes/closures would be more closely examined regarding the impact on boaters in Collier County . Size of boats should be limited in shallow waters . Focus of the program was on education . City of Naples was not signed on yet but was active Mr. Penniman moved that the EAC recommend to the BCC their consideration offull partnership within the MRCP program. Seconded by Mr. Miller. Discussion: . Recreational and commercial fishermen should be involved . Collier County should offer some staff time . EAC was a venue for the public to address its government and the concept of the program should be supported Motion carried unanimously 9-0. VI. Land Use Petitions A. Conditional Use CU-2004-AR-6904, "S.R. 846 Land Trust," Sections 35 & 36, Township 47 South, Range 27 East, Sections 1 & 2, Township 48 South, Range 27 East Presenters were swom in by Assistant County Attomey Jeff Wright. Ms. Mason stated an error on the Staff Report was corrected as follows: Applicant/Developer was changed to read "Mining Ventures, LLC" and the Engineering Consultant was changed to read "Wilson Miller, Inc." Bruce Tyson of Wilson Miller gave a PowerPoint presentation on the conditional use application. (See attached Staff Report) . Concept was to expand the existing mining activities at the Jones Mine on Immokalee Road north of Orange Tree Road . Current access point will stay in the same location during the expansIOn . In 1999 conditional use was approved for the mining project . In 2006 the BCC modified the conditional use to allow blasting, deeper excavation and processing of the rock on-site for the boundaries of the existing mine site in the Phase 1 area . Phase II area would function exactly the same as the Phase I area . Phase II area had been cleared or disturbed in the past Andy Woodruff, Senior Ecologist, Passarella and Associates, Inc., continued the PowerPoint presentation. 3 July 11, 2007 . Dominant habitat on the Phase II site included pasture and sod farming, mining, wetlands including cypress, freshwater marsh and prame . Proposed expansion for new mining limits were primarily located in areas that were previously disturbed . 192 acres of wetland habitat had been identified on the property . No wetland habitats were located within the new proposed expansion area . Listed species surveys were conducted on the property in September and October of 2004 and six listed species were found to be utilizing the property including the American Alligator, Gopher Tortoise, Snowy Egret, Noble Heron, and the White Ibis. None of the listed species were found to be utilizing the proposed expansion area for the mmes . No Red Cockaded Woodpeckers were found utilizing the project site . Burrowing owl burrows were found on the east side of the existing mine operation . Burrowing Owls have not decreased in numbers since the commencement of mining activities . Canals provide barriers to block gopher tortoise migration; a tortoise fence was suggested . Each Gopher Tortoise had two acres each of habitat provided . Project was located in an area identified as providing potential habitat for the Florida Panther, and the U.S. Fish & Wildlife Service will help in determining mitigation needs . Project plan provided 15% preservation of existing native habitat on the property with 138 acres being set aside for conservation . Management plan had been prepared to address the long-term preservation of habitats . Blasting had potential to adversely affect the eggs of burrowing owls; the effects of blasting on eggs of burrowing owls was undetermined . 200 foot setback was being provided between the mining and the wetland limits; any wetland buffer area that did not meet the minimum 25 feet of native vegetation would be replanted as part of the excavation permit . Close-out of mining would occur up to a maximum of 15 years . Land development opportunities were among future use considerations . Mining activities could drain the wetlands, making it more open to future development Gail Murray-Doyle, Professional Geologist, President and Owner of Murray Consultants, Inc., explained as follows: . Planning has been done to avoid breaching the aquifer, excavating depth would be limited in confining layer 4 July 11, 2007 . Water from the mining operations would go into a recharge ditch and would act as a hydraulic buffer to draw-downs . Draw-down in the mine was permitted 40 feet below land surface; that depth had never been reached, depth of 10 to 12 feet had been reached . Monitoring programs for levels in wetlands were in place . Backhoes would not be used, draglines would be used and should not go further than 10 to 12 feet . Process on paper appeared to be dry, there was potential to go to dragline, wet mining process Discussion: . Littoral shelf of IS to 25 feet was recommended to provide habitat for fish and birds . Littoral shelf would help maintain water quality oflake, shoreline and was an element of good lake design . Current plans have been submitted and have been recommended for approval . EAC's position was to review anything impacting environmental resources in Collier County Don Barber, Manager of Mining Venture, LLC, discussed Applicant's plans as follows: . Mr. Barber is a principal of BCB Planning Company and Boran, Craig, Barber, Engel Construction Company and has been in the community for 40 years . There were 10 feet of pure white silica perc sand and fill dirt that had already been mined from the site during Phase I . Site had been excavated down to 10 feet below the surface, ground level in the area was about 20 feet above sea level, 10 feet was around the natural ground water table . Some de-watering had been done to dry up an area only about one to two feet below the rock shelfwhere the equipment was working; no area had ever been pumped below a working level of the equipment which consisted of a big backhoe . Draglines were being used to get material out, working on upper rock shelf area where there is no need to dry it up . It would be difficult to dry up a hole . Natural berm had been created that muffles noise . Petitioner agreed to assist in putting some littoral shelves in . Phase III would probably involve a land use plan, possibly low density housing with water features Discussion: . It would be possible to destroy the ecology of a wetland in 30 days 5 July 11,2007 . If wetlands were destroyed during the mining operations, permits for development would be much easier to acquire . Blasting would adversely affect the eggs of the burrowing owls Jeffrey Straw, Vice-President and Area Manager of Geosonics, Seismologist, Vibrations and Acoustic Consultant discussed blasting at the mine site. . Every blast was monitored to determine vibration levels and noise levels . No adverse effects on the eggs of the Burrowing Owls had been detected, probability of future adverse effects were considered limited . Blasting could be scheduled around the nesting season Discussion: . Nesting season for Burrowing Owls lasts five months out of the year . There were approximately ten complaints regarding blasting during the past year . County must be advised if blasting noise exceeds limit; penalties could be incurred beginning with a Notice of Violation all the way up to lose of permit . Existing lakes would protect Burrowing Owls from noise and vibration generated by Phase II blasting . Sonic imaging was not done Susan Mason, Environmental Services, stated the main concern regarding blasting was with large mammals such as bears and panthers. EAC would hear application for excavation permit and more information and stipulations would be available prior to the hearing. Ms. Mason stated she would seek more information from the wildlife agencies regarding the effects of blasting on the eggs of Burrowing Owls and there is a period of time when any movement could have an extremely significant impact on the development of the embryo and could result in its death. Exotics would be removed from the area where the excavation was going to be in the preserve; the Growth Management Plan and staff required the 12 primary exotic vegetations to be removed from the entire conditional use site. Ms. Mason will obtain information on how excavation affects the surrounding wetland systems. The conservation easement would be required to be approved by staff prior to the conditional use approval. (See attached staff report) Discussion: . Mitigation plans for Black Bear and Gopher Tortoise would be a state issue and other species were regulated by the U.S. Fish & Wildlife Service . Minimum wetlands preservation requirement had been met Melissa Zone, Principal Planner, Department of Zoning and Development stated the applicant had been required to come back every two years to make sure 6 July 11, 2007 they were meeting the conditions of approval. Ifviolations occurred, the Board of Zoning Appeals could come back and require mitigation by the applicants with more stringent conditions of approval. Ms. Zone stated that staffrequested that conditions of approval stay on so that every two years the applicant would have to come back to staff to report. Discussion: . Mitigation had already been done regarding complaints that came in . Engineers recorded blasting and the numbers had been well below what was required by Collier County . Work on Phase I and Phase II would overlap . More time was needed to evaluate the impact Phase I would have before addressing Phase II . No data is currently available regarding salt water influx but salinity should not be a problem . Application was made for a level of up to 45 feet or to the confining layer, whichever was more shallow . There were grave concerns with this project regarding environmental damage . More data was needed . Land in question was designated as receiving land, the proposed use was a permitted use and there was adequate monitoring in place . Application was for a conditional use as opposed to a permitted use meaning the use was not permitted as a matter of right but rather with permission from government . Littoral shelf could be put in but when was an unknown . Littoral shelf should be created upon completion of sections . Littoral shelf would provide a safety feature Mr. Penniman moved to recommend accepting the recommendations of staff and pass those along to the Planning Commission and the Board of County Commissioners with the addition of No.6 which was that we establish a minimum 24 foot littoral zone with a minimum 10% of the circumference of the mined area, a 1-8 slope littoral zone around the lake with a 10% vegetative planting. Conditions that were in place with the original conditional use permit would remain in place and the addition of No. 7 that there be recorded monitoring of the water table in the designated wetland areas and reported back to Community Development Environmental Division for the first five years at six-month intervals in March and September. Seconded by Dr. Hushon. Motion carried 6-3 with Mr. Jacobsen, Mr. Horn and Mr. Hill opposed. (Lunch break - 11 :47 AM) (Mr. Horn left the meeting at 11:47 AM) (Reconvened - 12:33 PM) B. Planned Unit Development Amendment No. PUDZ-A-2007-AR-9374, "Naples Reserve RPUD," Section 1, Township 51S, Range 26E 7 July 11,2007 Presenters were sworn in by Assistant County Attorney Jeff Wright. Disclosures: Mr. Jacobsen had visited the site but did not speak to anyone. Bob Mu1hare, RWA, representing the applicant gave an overview of the project to date via a PowerPoint presentation. (See attached Executive Summary) . Property had existing PUD zoning . Property was designated as urban and receiving lands . Three issues of concern included the format of the EIS, the fact that the property was formerly agricultural land, soil testing needed to be done and there were concerns with listed species and primarily the Florida panther and black bear . EIS format had been revised and Executive Summary had been provided . Soil testing had been conducted, results were included in the ground water report of June 7, 2007 and the analytical report dated June 26, 2007 and the studies revealed the site was suitable for human habitation . There were no telemetry points on the property in question . Mitigation strategies had changed over the past two years, permits were being reviewed and changes could be made if needed . Original conditions of the permit for panthers would be honored Tom Missimer, President, Missimer Scientific, discussed the analysis of the ground water stating an environmental site assessment was done on the property many years ago and nothing was found in the ground water. Mr. Missimer also discussed testing for chemicals in the ground, and stated there were no areas of concentrated chemical buildup found on the property. Emilio Robau of RW A, Inc. discussed aeration of the lakes stating long, skinny lakes helped with the fetch formula that Collier County currently used in its excavation ordinance. . Lakes would have interconnects and best management practices were being used . Small mammal crossings would be put under roads . Irrigation water for development would come from the lakes . There would be connectivity between projects, location unknown Mr. Jacobsen moved to recommend acceptance of the proposal with the staff recommendations. Seconded by Mr. Sorrell. Motion carried 8-0. C. Site Development Plan SDP-2007-AR-I0397, "Germain Automotive Dealership Inventory Storage Lot," Section 16, Township 48 South, Range 25 East Presenters were sworn in by Assistant County Attorney Jeff Wright. 8 July 11, 2007 Disclosure: Mr. Jacobsen stated he spoke to Mr. Fred Reischl, one of the agents who gave him permission to walk the entire property. Mr. Hughes stated he had a conversation with one of the advisors on the project pertinent to scheduling before the EAC. As a result, Mr. Hughes raised issues formally last month to have the Department review its policies pertinent to fees and the ability to move timely and judiciously on requests such as this. Chris Thornton, Esq., Cheffy Passidomo Wilson & Johnson, representing the applicant stated the Germains have operated the facility at the corner of Wiggins Pass Road and US 41 since 1990. The Germains had recently purchased an adjacent parcel just to the south on US 41 to expand the auto dealership operations. No vertical improvements were proposed and the property would be used as a parking lot for storage of vehicles. Property was rezoned in 2004 to C-4 zoning. The project had received South Florida Water Management District permits and the U.S. Army Corps of Engineers permits. Project had also received the approval of the Florida Fish & Wildlife Conservation Commission and the U.S. Fish & Wildlife Service with respect to issues raised with a Bald Eagle. The eagle had moved and built a new nest on the subject property with the new nest being closer than 100 feet to the existing pavement of the Toyota dealership. The new nesting area was closer to the Toyota lot than it was to the new proposed storage lot. Mr. Thornton requested approval of the proposed site development plan. Mr. Thornton stated the Petitioners would like to complete the project prior to the next eagle nesting season. (See attached Staff Report) Discussion: . EAC bases its decisions on the welfare of the environment rather than on financial considerations . If the project cannot be finished prior to eagle nesting season, postpone the start of project until after eagle nesting season . Conservation Collier property drains to the southwest and should pose no storm water runoff problem Jeff Wright, Assistant County Attorney, stated the Bald Eagle was taken off of the listed species list four days after the Staff Report was signed. Mr. Wright stated he is unsure as to whether any precedent would be set by approving the application and the LDC and GMP were written with the Bald Eagle being a listed species and provisions were tied to that fact. Mr. Wright recommended deferring to federal and state authorities. Discussion: . Project would be a passive use Mr. Miller moved to approve the Petitioner's application as recommended by staff with the stipulation that if construction could not be completed by October 1 that the 9 July 11, 2007 Petitioner would initiate an eagle watch program and if eagles returned before construction was completed the Petitioner would have to seek permission from u.s. Fish and Wildlife and Florida Fish and Wildlife as well as from Collier County to continue. Seconded by Mr. Sorrell. Motion carried 8-0. Mr. Hughes directed staff to have the written document available by Friday morning. (Chairman Hughes left the meeting at 1 :30 PM.) (Vice-Chairman Dr. Judith Hushon presided over the meeting during Chairman Hughes'absenceJ VIII. B. Update members on upcoming presentation scheduled Ms. Araque stated the five-year review of the RLSA by the Comprehensive Planning Department had been changed from the special session for next July 2008 to March 5, 2008, as part of the regular meeting and there would be no special session in July 2008. Ms. Araque also stated the Pollution Control Department had requested to make their presentation in November 2007 and in August 2007 Florida Fish & Wildlife Conservation Commission would give their presentation. (Chairman Hughes entered the meeting at 1 :40 PM.) Dr. Hushon discussed the following: . Three local entities, Sarasota, Sanibel and the City of Naples have all enacted ordinances on the application of nutrients to landscaping . In order for Collier County to have a similar ordinance, the BCC would have to give their approval for staff to expend time to look into the creation of an ordinance and move forward on it . Dr. Hushon would write a request letter to submit to the BCC Mr. Jacobsen moved that Dr. Hushon would write a letter to the BCC supporting the fertilizer program similar to that of Sarasota, City of Naples and Sanibel. Discussion: . Collier County should have its own version of the ordinance suited to the needs of Collier County (Mr. Miller left the meeting at 1 :45 PM.) Seconded by Mr. Hill. Motion carried 7-1 with Mr. Sorrell opposed. C. Addition to the Land Development Code on an emergency basis Dr. Hushon stated an active Bald Eagle's nest located on private property was cut down in North Naples without a permit and that changes were needed to the LDC in the vegetation permit removal section to prevent removal of trees with active 10 July 11,2007 eagle nests without a permit. Dr. Hushon requested this be done in the current round of the LDC amendments. Public Speakers: Nicole Ryan of The Conservancy of Southwest Florida stated she agreed that additional language should be added. Dr. Hushon moved an emergency action to the Collier County vegetation permit third section of the Land Development Code be included in the current LDC cycle that a Collier County permit requires a U.S. Fish & Wildlife Service, Florida Fish & Wildlife Conservation Commission permit before dead trees used by listed and protected species are removed. Seconded by Mr. Sorrell. Motion carried 7-0. Mr. Jacobsen asked staff to find out when Fishermen's Village went before the BAC. VII. Old Business Update members on projects Ms. Araque stated Manatee Road was approved, Keewadin Island Naples Bay Resort beach shelter would be going to the CCPC next week and she would bring the mission statement at the next meeting to be worked on. IX. Subcommittee Reports None X. Council Member Comments None XI. Public Comments None There being no further business for the good of the County, the meeting was adjourned by the order of tbe Chair at 2:25 PM. ***** COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Chairman on presented , or as amended ,2007, as 11