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Heritage Bay Agenda 11/04/2021 Heritage Bay Community Development District Board of Supervisors Edwin Hubbard,Chairman ❑Dennis Gagne,Vice Chairman o Justin Faircloth,District Manager ❑F.Jack Arcurie,Assistant Secretary ❑Gregory Urbancic,District Counsel ❑Donna Hunter,Assistant Secretary o Jeffrey Satfield,District Engineer Allen Soucie,Assistant Secretary Regular Meeting Agenda November 4, 2021 —9:00 a.m. 1. Roll Call 2. Approval of Agenda 3. Public Comments on Agenda Items 4. Engineer's Report A.Terrace VI Drain Line Repairs & CPH Oversight B.CPH Water Testing Results—October 2021 i. CPH Analysis of Lakes 14 & 16 & Recommended Next Steps 1. Review of CPH Addendum to Agreement—Water Quality Monitoring Events 2. Task ENV-3 Soil Monitoring for Lakes 14 & 16 C.Control Structure CS-102 & Dry Retention Pond—Engineering Analysis & Ownership &Maintenance Responsibilities D.HB 53 20-yr. Stormwater Needs Analysis—CPH Proposal & Schedule 5. Attorney's Report 6. Lake&Wetland Management A. Monthly Inspections and Service Reports B. Littorals Planting update for Lakes Planted Summer 2021 i. Proposed Plantings in Lake 20 Littoral Zone C. SOLitude Transition& Lake Management Update D. Plans to Maintain Aqua-range Free of Illinois Pondweed&Littorals 7. Old Business A. Review of Updated Potential 2022 Lake Bank Restoration Work B. Proposal to Consider Participation in Joint Lake Bank Restoration Project with Golf Staff Personnel 8. New Business A. FEMA Update&Recommended Next Steps 9. Manager's Report A. Approval of the Minutes of the September 2, 2021 Meeting B. Acceptance of Financials C. Field Manager's Reports i. September 2021 ii.October 2021 D. Consideration of Audit Engagement for FY 2021 E. Motion to Assign Fund Balance—September 30, 2021 District Office: Meeting Location: 210 N.University Drive,Suite 702 Heritage Bay Clubhouse Coral Springs,FL 33071 10154 Heritage Bay Blvd. 954-603-0033 Naples,Florida November 4,2021 Agenda Heritage Bay CDD Page 2 10. Supervisors' Reports, Requests,and Comments 11. Chairman's Comments 12. Audience Comments 13. Adjournment The next meeting is scheduled for December 2,2021 District Office: Meeting Location: 210 N.University Drive,Suite 702 Heritage Bay Clubhouse. Coral Springs,FL 33071 10154 Heritage Bay Blvd. 954-603-0033 Naples,Florida PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 HERITAGE BAY COMMUNI TY 210 N UNIVERSITY DR#702 NOTICE OF REGULAR MEETING SCHEDULE HERITAGE BAY CORAL SPRINGS, FL 33071-7320 COMMUNITY DEVELOPMENT DISTRICT The Board of Supervisors of the Heritage Bay Community Devel- opment District will hold their regular meetings for Fiscal Year Affidavit of Publication 2021/2022 in the Heritage Bay Clubhouse, 10154 Heritage Bay Boulevard,Naples Florida,at 9:00 a.m.as follows: STATE OF WISCONSIN COUNTY OF BROWN October 7,2021 November 4,2021 December 2,2021 Before the undersigned they serve as the authority, January 6,2022 February 3,2022 personally appeared said legal clerk who on oath says that March 3,2022 he/she serves as Legal Clerk of the Naples Daily News, a April 7,2022 May 5,2022-Tentative Budget Adoption daily newspaper published at Naples, in Collier County, June 2,2022 Florida; distributed in Collier and Lee counties of Florida; July 7,2022 August 4,2022 that the attached copy of the advertising was published in September 1,2022-Public Hearing Date said newspaper on dates listed. Affiant further says that the The meetings are open to the public and will be conducted in said Naples Daily News is a newspaper published at accordance with the provision of Florida law for community de- Naples, in said Collier County, Florida, and that the said velopment districts. There may be occasions when one or more Supervisors will par- newspaper has heretofore been continuously published in ticipate by telephone, These meetings may be continued to a said date,time,and place to be specified on the record at the meet- Collier County,Florida;distributed in Collier and Lee Acopy of the agenda for these meetings may be obtained from counties of Florida,each day and has been entered as the District Manager's Office, 210 N.University Drive,Suite 702, Coral Springs, FL 33071, (954) 603-0033, or by visitin the Dfs- second class mail matter at the post office in Naples,in trict's website at https://www.heritagebaycdd.com. Additionally, said Collier County,Florida,for a period of one year next interested parties may refer to the District's website for the lat- est District information. preceding the first publication of the attached copy of Pursuant to provisions of the Americans with Disabilities Act, advertisement;and affiant further says that he has neither any person requiring special accommodations at these meetings because of a disability or physical impairment should contact paid nor promised any person,or corporation any discount, the District Manager's Office at least forty-eight(48)hours prior rebate,commission or refund for the purpose of securing to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1-1, or 1-800-955- this advertisement for publication in said newspaper 8771 (TTY) / 1-800-955-8770 (Voice), for aid in contacting the issue(s)dated: District Manager's Office. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the pro- ceedings and that accordingly, the person may need to ensure Issues dated:09/16/2021 that a verbatim record of the proceedings is made, including Issue(s) .r- the testimony and evidence upon which such appeal is to be based. Justin Faircloth District Manager AD N 4914378 9/16/2021 Subscribed and sworn to before on September 16,2021: Received coral Sp.•ings,FL Notary, State of WI, aunty of Brown SEP 2 2 7n21 INFRAMARK My commission expires Publication Cost: $357.00 Ad No:0004914378 Customer No: 1305454 KATHLEEN ALLEN PO#: FY21/22 Mtg Schedule Notary Public #ofAffidavits1 State of Wisconsin This is not an invoice Agenda Page#6 From: Lopez,Albert J. <alopez@cphcorp.com> Sent:Thursday,September 16, 2021 10:18 AM To: Edwin Hubbard<ehubbard@heritagebaycdd.com>; Faircloth,Justin <justin.faircloth@inframark.com>;asoucie@heritagebaycdd.com Subject: 1 of 2- 11-02234-P-10, Heritage Bay Cdd-Lake 30 Control Structure Modification Team, We finally got the original permit mod for the maintenance facility from SFWMD. Please see response from SFWMD and special condition#2 for the entity responsible for the system operations phase. The routine maintenance, erosion corrections and water quality problems directly associated with the maintenance facility dry pond are the permittees responsibility(see special conditions#4 and#10). The original permittee was Bayvest LLC,the current permittee is Heritage Bay Golf and Country Club. I hope this helps clarifying maintenance and operations responsibilities. Please feel free to call us if you have any questions. SUPERVISORS,PLEASE DO NOT REPLY TO ALL AS THIS COULD BE A VIOLATION OF THE FLORIDA SUNSHINE PROVISIONS. Thank you, Albert Lopez Office Manager Phone: 239.332.5499 (Ext.3207) Cellphone: 386.518.9175 Email: alopez cohcorp.com CELEBRATING S k h Celebrating 40+Years of Collaboration and Innovation Facebook I Linkedln From: Pearce, Kelly<kzublick@cphcorp.com> Sent:Thursday, September 16, 2021 9:11 AM To: Lopez,Albert J. <alopez@cphcorp.com> Subject: FW: Permit#: 11-02234-P-10, Heritage Bay Cdd-Lake 30 Control Structure Modification Agenda Page#7 Kelly Pearce Project Coordinator CPH, Inc. 2216 Altamont Avenue Fort Myers, FL 33901 Phone: 239.332.5499 (Ext.3206) Email: kpearce(c�cphcorp.com CELEBRATING A ;,,; il. ik A ep h Celebrating 40+ Years of Collaboration and Innovation Facebook i LinkedIn From: Cammock,Curt<ccammock@sfwmd.gov> Sent:Thursday,September 16, 2021 8:56 AM To: Pearce, Kelly<kzublick@cphcorp.com> Cc: Layman, Laura<Ilayman@sfwmd.gov>;Veguilla, Elizabeth<eveguil@sfwmd.gov> Subject: Permit#: 11-02234-P-10, Heritage Bay Cdd-Lake 30 Control Structure Modification Good Morning Kelly, It appears that Application#: 050525-7 under Permit#: 11-02234-P-10 authorized the construction of the maintenance facility and its associated dry detention. Based on the information in the permit, it says that the operating entity is Heritage Bay Community Association, Inc. Thank you, Curt Cammock, E.I. Engineering Specialist 1 - Regulation South Florida Water Management District Fort Myers Service Center 2301 McGregor Boulevard Fort Myers, FL 33901 (239) 338-2929 ext. 7763 Agenda Page#8 "Wn101. ov ePe»prittin Permit#: 11-02234-P-10 NOTE: While the District supports that it is commonplace and convenient to collaborate via email during the pre- application/application process, Permit Applications and Responses to a Request for Additional Information(RAI) submitted via email are not an official submittal(Section 4.4 of Environmental Resource Permit Applicant's Handbook Volume I). For timely and efficient processing of permit applications and RAI responses, please submit online using ePermitting(link above). Agenda Page#9 41161I SOUTH FLORIDA WATER MANAGEMENT DISTRICT 1..:**,:: ENVIRONMENTAL RESOURCE — STANDARD GENERAL PERMIT NO. 11-02234-P DATE ISSUED: January 13,2006 Form#10941 08/95 PERMITTEE: BAYVEST LLC 10481 SIX MILE CYPRESS PKWY FORT MYERS, FL 33912 PROJECT DESCRIPTION: This application is a request for a modification to an Environmental Resource Permit authorizing Construction and Operation of a surface water management system serving a 51.0 acre residential, commercial project known as Heritage Bay Basins 1, 3, 6 and 8 with discharge into waters of the Cocohatchee River via existing conveyance infrastructure. PROJECT LOCATION: COLLIER COUNTY, SEC 13,14,23,24 TWP 48S RGE 26E PERMIT DURATION: See Special Condition No:1. See attached Rule 40E-4.321, Florida Administrative Code. This is to notify you of the Districts agency action concerning Notice of intent for Permit Application No. 050525-7, dated May 25, 2005. This action is taken pursuant to Rule 40E-1.603 and Chapter 40E-40,Florida Administrative Code(F.A.C.). Based on the information provided, District rules have been adhered to and an Environmental Resource General Permit is in effect for this project subject to: 1. Not receiving a filed request far a Chapter 120,Florida Statutes,administrative hearing. 2. the attached 19 General Conditions (See Pages: 2-4 of 6 ). 3. the attached 18 Special Conditions(See Pages: 5-6 of 6) and 4. the attached 4 Exhibit(s). Should you object to these conditions,please refer to the attached"Notice of Rights"which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the'Notice of Rights,"we will assume that you concur with the Districts action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a 'N tice of Rights" has been mailed to the Permittee (and the persons listed in the attach l 'butt is o ter than 5:00 p.m. on this 13th day of January, 2006, in accordance with Section 120.6 or a BY: Rhonda Haa it,...",„ Interim Director Lower West Coast Service Center Certified mail number 7005 1820 0004 6775 1306 Page 1of6 Agenda Page#10 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 d. State Lands Environmental Resource 1. A person whose substantial interests are Permit: Pursuant to Section 373.427, Fla. Stat., and Rule affected by the South Florida Water Management District's 40E-1.511(3), Fla. Admin. Code (also published as an (SFWMD) action has the right to request an administrative exception to the Uniform Rules of Procedure as Rule 40E- hearing on that action. The affected person may request 0.109(2)(c)), a petition objecting to the SFWMD's agency either a formal or an informal hearing, as set forth below. A action regarding consolidated applications for point of entry into administrative proceedings is governed Environmental Resource Permits and Use of Sovereign by Rules 28-106.111 and 40E-1.511, Fla. Admin. Code, Submerged Lands (SLERPs), must be filed within 14 days (also published as an exception to the Uniform Rules of of the notice of consolidated intent to grant or deny the Procedure as Rule 40E-0.109), as set forth below. SLERP. Petitions must substantially comply with the Petitions are deemed filed upon receipt of the original requirements of either subsection a.or b. above. documents by the SFWMD Clerk. e. Emergency Authorization and Order: a. Formal Administrative Hearing: If a A person whose substantial interests are affected by a genuine issue(s) of material fact is in dispute, the affected SFWMD Emergency Authorization and Order, has a right person seeking a formal hearing on a SFWMD decision to file a petition under Sections 120.569, 120.57(1), and which does or may determine their substantial interests 120.57(2), Fla. Stat., as provided in subsections a. and b. shall file a petition for hearing pursuant to Sections 120.569 above. However, the person, or the agent of the person and 120.57(1), Fla. Stat. or for mediation pursuant to responsible for causing or contributing to the emergency Section 120.573, Fla. Stat. within 21 days, except as conditions shall take whatever action necessary to cause provided in subsections c. and d. below, of either written immediate compliance with the terms of the Emergency notice through mail or posting or publication of notice that Authorization and Order. the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements f. Order for Emergency Action: A person of Rule 28-106.201(2), Fla. Admin. Code, a copy of the whose substantial interests are affected by a SFWMD which is attached to this Notice of Rights. Order for Emergency Action has a right to file a petition pursuant to Rules 28-107.005 and 40E-1.611, Fla. Admin. b. Informal Administrative Hearing: If there Code,copies of which are attached to this Notice of Rights, are no issues of material fact in dispute, the affected and Section 373.119(3), Fla. Stat., for a hearing on the person seeking an informal hearing on a SFWMD decision Order. Any subsequent agency action or proposed agency which does or may determine their substantial interests action to initiate a formal revocation proceeding shall be shall file a petition for hearing pursuant to Sections 120.569 separately noticed pursuant to section g. below. and 120.57(2), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as g. Permit Suspension, Revocation, provided in subsections c. and d, below, of either written Annulment, and Withdrawal: If the SFWMD issues an notice through mail or posting or publication of notice that administrative complaint to suspend, revoke, annul, or the SFWMD has or intends to take final agency action. withdraw a permit, the permittee may request a hearing to Petitions must substantially comply with the requirements be conducted in accordance with Sections 120.569 and of Rule 28-106.301(2), Fla. Admin. Code, a copy of the 120.57, Fla. Stat., within 21 days of either written notice which is attached to this Notice of Rights. through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. c. Administrative Complaint and Order: Petitions must substantially comply with the requirements If a Respondent objects to a SFWMD Administrative of Rule 28-107.004(3), Fla. Admin. Code, a copy of the Complaint and Order, pursuant to Section 373.119, Fla. which is attached to this Notice of Rights. Stat, (1997), the person named in the Administrative Complaint and Order may file a petition for a hearing no 2. Because the administrative hearing process later than 14 days after the date such order is served. is designed to formulate final agency action, the filing of Petitions must substantially comply with the requirements a petition means that the SFWMD's final action may be of either subsection a. or b. above. different from the position taken by it previously. Persons whose substantial interests may be affected by Revised August,2000 Agenda Page#11 any such final decision of the SFWMD shall have, DISTRICT COURT OF APPEAL pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also 8. Pursuant to Section 120.68, Fla. Stat., a party published as an exception to the Uniform Rules of who is adversely affected by final SFWMD action may Procedure as Rule 40E-0.109(2)(c)), an additional 21 seek judicial review of the SFWMD's final decision by filing days from the date of receipt of notice of said decision to a notice of appeal pursuant to Florida Rule of Appellate request an administrative hearing. However, the scope of Procedure 9.110 in the Fourth District Court of Appeal or in the administrative hearing shall be limited to the the appellate district where a party resides and filing a substantial deviation. second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. 3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected persons entitled to a hearing LAND AND WATER ADJUDICATORY COMMISSION pursuant to Section 120.57(1), Fla. Stat., may waive their 9. A party to a "proceeding below' may seek right to such a hearing and request an informal hearing review by the Land and Water Adjudicatory Commission before the Governing Board pursuant to Section 120.57(2), (FLAWAC) of SFWMD's final agency action to determine if Fla. Stat., which may be granted at the option of the such action is consistent with the provisions and purposes Governing Board. of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin. 4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, a request for review of (a) an order or rule of the Code, persons may file with the SFWMD a request for SFWMD must be filed with FLAWAC within 20 days after extension of time for filing a petition. The SFWMD, for rendition of the order or adoption of the rule sought to be good cause shown, may grant the extension. The request reviewed; (b) an order of the Department of Environmental for extension must contain a certificate that the petitioner Protection (DEP) requiring amendment or repeal of a has consulted with all other parties, if any, concerning the SFWMD rule must be filed with FLAWAC within 30 days of extension and that the SFWMD and all other parties agree rendition of the DEP's order, and (c) a SFWMD order to the extension. entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 CIRCUIT COURT days after rendition of the SFWMD's final order. 5. Pursuant to Section 373.617, Fla. Stat., any Simultaneous with tiling, a copy of the request for review substantially affected person who claims that final agency must be served on the DEP Secretary, any person named action of the SFWMD relating to permit decisions in the SFWMD or DEP final order, and all parties to the constitutes an unconstitutional taking of property without proceeding below. A copy of Rule 42-2.013, Fla. Admin, just compensation may seek judicial review of the action in Code is attached to this Notice of Rights. circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located PRIVATE PROPERTY RIGHTS PROTECTION ACT within 90 days of the rendering of the SFWMD's final 10. A property owner who alleges a specific action agency action. of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of 6, Pursuant to Section 403.412, Ha. Stat., any the real property, may file a claim in the circuit court where citizen of Florida may bring an action for injunctive relief the real property is located within 1 year of the SFWMD against the SFWMD to compel the SFWMD to enforce the action pursuant to the procedures set forth in Subsection laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. 70.001(4)(a), Fla. Stat. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION the complaint is based and the manner in which the 11. A property owner who alleges that a SFWMD complaining party is affected. If the SFWMD does not take development order (as that term is defined in Section appropriate action on the complaint within 30 days of 70.51(2)(a), Fla. Stat. to include permits) or SFWMD receipt, the complaining arty may then file a civil suit for enforcement action is unreasonable, or unfairly burdens injunctive relief in the 15 Judicial Circuit in and for Palm the use of the real property, may file a request for relief Beach County or circuit court in the county where the with the SFWMD within 30 days of receipt of the SFWMD's cause of action allegedly occurred. order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4)and(6), Fla, Stat. 7. Pursuant to Section 373.433, Fla. Stet, a MEDIATION private citizen of Florida may file suit in circuit court to 12. A person whose substantial interests are, require the abatement of any stormwater management or may be, affected by the SFWMD's action may choose system,dam,impoundment,reservoir, appurtenant work or mediation as an alternative remedy under Section 120.573, works that violate the provisions of Chapter 373, Fla.Stat. Fla. Stat. Pursuant to Rule 28-106.111(2), Fla. Admin. Code, the petition for mediation shall be filed within 21 days of either written notice through mail or posting or Revised August,2000 Agenda Page#12 publication of notice that the SFWMD has or intends to (c) The name, address telephone number take final agency action. Choosing mediation will not affect and any facsimile number of the attorney or qualified the right to an administrative hearing if mediation does not representative of the petitioner, (if any); result in settlement. (d) the applicable rule or portion of the rule; Pursuant to Rule 28-106.402, Fla. Admin. Code, the (e) the citation to the statue the rule is contents of the petition for mediation shall contain the implementing, following information: (f} the type of action requested; (1) the name, address, and telephone (g) the specific facts that demonstrate a number of the person requesting mediation and that substantial hardship or violation of principals of fairness person's representative, if any; that would justify a waiver or variance for the petitioner; (2) a statement of the preliminary agency (h) the reason why the variance or the waiver action; requested would serve the purposes of the underlying (3) an explanation of how the person's statute; and substantial interests will be affected by the agency (I) a statement of whether the variance or determination; and waiver is permanent or temporary, If the variance or (4) a statement of relief sought. waiver is temporary, the petition shall include the dates As provided in Section 120.573, Fla. Stat. (1997), the indicating the duration of the requested variance or waiver. timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, A person requesting an emergency variance from or Fla. Stat., for requesting and holding an administrative waiver of a SFWMD rule must clearly so state in the hearing. Unless otherwise agreed by the parties, the caption of the petition. In addition to the requirements of mediation must be concluded within 60 days of the Section 120.542(5), Fla. Stat. pursuant to Rule 28- execution of the agreement. If mediation results in 104,004(2), Fla. Admin. Code, the petition must also settlement of the dispute, the SFWMD must enter a final include: order incorporating the agreement of the parties. Persons a) the specific facts that make the situation an whose substantial interest will be affected by such a emergency; and modified agency decision have a right to petition for b) the specific facts to show that the petitioner will hearing within 21 days of receipt of the final order in suffer immediate adverse effect unless the variance or accordance with the requirements of Sections 120.569 and waiver is issued by the SFWMD more expeditiously than 120.57, Fla. Stat., and SFWMD Rule 28-106.201(2), Fla. the applicable timeframes set forth in Section 120.542, Fla. Admin. Code. If mediation terminates without settlement of Stat, the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections WAIVER OF RIGHTS 120.569 and 120.57, Fla. Stat., remain available for 14, Failure to observe the relevant time disposition of the dispute, and the notice will specify the frames prescribed above will constitute a waiver of such deadlines that then will apply for challenging the agency right. action. 28-106.201 INITIATION OF PROCEEDINGS VARIANCES AND WAIVERS (INVOLVING DISPUTED ISSUES OF MATERIAL FACT) 13. A person who is subject to regulation pursuant to a SFWMD rule and believes the application of (2) All petitions filed under these rules shall contain: that rule will create a substantial hardship or will violate (a) The name and address of each agency affected principles of fairness (as those terms are defined in and each agency's file or identification number,if known; Subsection 120.542(2), Fla. Stat.) and can demonstrate (b) The name, address, and telephone number of the that the purpose of the underlying statute will be or has petitioner; the name, address, and telephone number of been achieved by other means, may file a petition with the the petitioner's representative, if any, which shall be the SFWMD Clerk requesting a variance from or waiver of the address for service purposes during the course of the SFWMD rule. Applying for a variance or waiver does not proceeding, and an explanation of how the petitioner's substitute or extend the time for filing a petition for an substantial interests will be affected by the agency administrative hearing or exercising any other right that a determination; person may have concerning the SFWMD's action. (c) A statement of when and how the petitioner Pursuant to Rule 28-104.002(2), Fla. Admin. Code, the received notice of the agency decision; petition must include the following information: (d) A statement of all disputed issues of material fact. If there are none,the petition must so indicate; (a) the caption shall read: (e) A concise statement of the ultimate facts alleged, Petition for(Variance from)or(Waiver of)Rule(Citation) as well as the rules and statutes which entitle the petitioner (b) The name, address, telephone number to relief;and and any facsimile number of the petitioner; (f) A demand for relief. Revised August,2000 Agenda Page#13 28-106.301 INITIATION OF PROCEEDINGS (b) How the rule or order sought to be reviewed (NOT INNOLVING DISPUTED ISSUES Or MATERIAL FACT) affects the interests of the party seeking review; (c) The oral or written statement, sworn or unsworn, (2) All petitions filed under these rules shall contain: which was submitted to the agency concerning the matter (a) The name and address of each agency affected to be reviewed and the date and location of the statement, and each agency's file or identification number, if known; if the individual or entity requesting the review has not (b) The name, address, and telephone number of the participated in a proceeding previously instituted pursuant petitioner; the name, address, and telephone number of to Chapter 120, F.S., on the order for which review is the petitioner's representative, if any, which shall be the sought; address for service purposes during the course of the (d) If review of an order is being sought, whether and proceeding, and an explanation of how the petitioner's how the activity authorized by the order would substantial interests will be affected by the agency substantially affect natural resources of statewide or determination; regional significance, or whether the order raises issues of (c) A statement of when and how the petitioner policy, statutory interpretation, or rule interpretation that received notice of the agency decision; have regional or statewide significance from a standpoint (d) A concise statement of the ultimate facts alleged, of agency precedent. and all the factual bases in the as well as the rules and statutes which entitle the petitioner record which the petitioner claims support such to relief; and determination(s); and (e) A demand for relief. (e) The action requested to be taken by the Commission as a result of the review,whether to rescind or 28-107.004 SUSPENSION, REVOCATION, ANNULMENT, modify the order, or remand the proceeding to the water OR WITHDRAWAL management district for further action, or to require the (3) Requests for hearing filed in accordance with this water management district to initiate rulemaking to adopt, rule shall include: amend or repeal a rule. (a) The name and address of the party making the request,for purposes of service; 28-107.005 EMERGENCY ACTION (b) A statement that the party is requesting a hearing (1) If the agency finds that immediate serious danger involving disputed issues of material fact, or a hearing not to the public health, safety, or welfare requires emergency involving disputed issues of material fact;and action, the agency shall summarily suspend, limit, or (c) A reference to the notice, order to show cause, restrict a license. administrative complaint, or other communication that the (2) the 14-day notice requirement of Section party has received from the agency. 120.569(2)(b), F. S., does not apply and shall not be • construed to prevent a hearing at the earliest time 42-2.013 REQUEST FOR REVIEW PURSUANT To practicable upon request of an aggrieved party. SECTION 373.114 OR 373.217 (1) In any proceeding arising under Chapter 373, F.S., (3) Unless otherwise provided by law, within 20 days review by the Florida Land and Water Adjudicatory after emergency action taken pursuant to paragraph (1) of Commission may be initiated by the Department or a party this rule, the agency shall initiate a formal suspension or by filing a request for such review with the Secretary of the revocation proceeding in compliance with Sections Commission and serving a copy on any person named in 120.569, 120.57. and 120.60, F.S. the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A 40E-1.611 EMERGENCY ACTION certificate of service showing completion of service as (1) An emergency exists when immediate action is required by this subsection shall be a requirement for a necessary to protect public health, safety or welfare; the determination of sufficiency under Rule 42-2.0132. Failure health of animals, fish or aquatic life; the works of the to file the request with the Commission within the time District; a public water supply, or recreational, commercial, period provided in Rule 42-2.0132 shall result in dismissal industrial, agricultural or other reasonable uses of land and of the request for review. water resources. (2) The Executive Director may employ the resources (2) The request for review shall identify the rule or order of the District to take whatever remedial action necessary requested to be reviewed,the proceeding in which the rule to alleviate the emergency condition without the issuance or order was entered and the nature of the rule or order. A of an emergency order, or in the event an emergency order copy of the rule or order sought to be reviewed shall be has been issued, after the expiration of the requisite time attached. The request for review shall state with for compliance with that order. particularity: (a) How the order or rule conflicts with the requirements, provisions and purposes of Chapter 373, F,S., or rules duly adopted thereunder; Revised August,2000 Agenda Page#14 Application No.050525-7 Page 2 of 6 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 staff. 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, F.A.C. 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 professional engineer or other individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Completion/Certification Form Number 0881A, or Environmental Resource/Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881 B, incorporated by reference in Rule 40E-1.659, F.A.C. 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 are 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" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: 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, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and Agenda Page#15 Application No.050525-7 Page 3 of 6 GENERAL CONDITIONS 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, F.A.C., 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. it. 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 to the 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, F.A.C.. 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(3), F.A.C.,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 reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit. 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 Agenda Page#16 Application No. 050525-7 Page 4 of 6 GENERAL CONDITIONS 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-1.6105 and 40E-1.6107, E.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. Agenda Page#17 Application No.050525-7 Page 5 of 6 SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on January 13, 2011. 2. Operation of the surface water management system shall be the responsibility of HERITAGE BAY COMMUNITY ASSOCIATION, INC. 3. Discharge Facilities: Through previously permitted facilities. 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. 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. 7. 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. 8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. 9. 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. 10. 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. 11. This permit is issued based on the applicant's submitted information which reasonably demonstrates that adverse water resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the completed surface water management system occur, the District will require the permittee to provide appropriate mitigation to the District or other impacted party. The District will require the permittee to modify the surface water management system, if necessary, to eliminate the cause of the adverse impacts. 12. Plan sheets Cover Sheet, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of 13 dated November 11, 2005 signed and sealed by Christopher C. Hayes, P.E.from WilsonMiller, Inc. 13. All special conditions and exhibits previously stipulated by permit number 11-02234-P remain in effect unless otherwise revised and shall apply to this modification. 14. The permittee shall utilize the criteria contained in the Urban Stormwater Management Program (Exhibit Nos.2.0-2.5)for post-construction activities. 15. The Perrnittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 3.00 - 3.15) and on the applicable approved construction drawings for the duration of the projects construction activities. 16. Exhibits Nos.2.0-2.5 and 3.00-3.15 incorporated by reference and shall be retained in the permit file. 17. 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. 4.0. 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 Agenda Page#18 Application No. 050525-7 Page 6 of 6 SPECIAL CONDITIONS and/or completion dates; and (3) progress report on the status of the project development or mitigation effort. 18. A baseline wetland monitoring report for Heritage Bay shall be submitted in accordance with Exhibit No. 4.0. erp_staff_report.rdf Agenda Page#19 Last Date For Agency Action: 13-JAN-2006 GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: Heritage Bay Basins 1, 3,6 And 8 Permit No.: 11-02234-P Application No.: 050525-7 Application Type:Environmental Resource(General Permit Modification) Location: Collier County, S13,14,23,24IT48SIR26E Permittee: Bayvest Lie Operating Entity : Heritage Bay Community Association, Inc. Project Area: 51 acres Project Land Use: Residential Drainage Basin: WEST COLLIER Sub Basin: COCOHATCHEE RIVER Receiving Body: Cocohatchee River via existing conveyance Class:CLASS Ili infrastructure Special Drainage District: NA Conservation Easement To District : Yes Sovereign Submerged Lands: No This application is a request for a modification to an Environmental Resource Permit authorizing Construction and Operation of a surface water management system serving a 51.0 acre residential/commercial project known as Heritage Bay Basins 1, 3, 6 and 8 with discharge into waters of the Cocohatchee River via existing conveyance infrastructure. App.no. : 050525-7 Page 1 of 6 erp_staff_report.rdf Agenda Page#20 PROJECT EVALUATION: The application site is composed of areas located within Basins 1, 3, 6 and 8 of the Heritage Bay development. The Heritage Bay development site is bounded by the Cocohatchee Canal and Immokalee Road to the south,Bonita Bay East property to the east,the Mirasol property to the west, and undeveloped lands and hydrological flow ways to the north. Location maps are attached as Exhibits 1.0 and 1.1. The Heritage Bay project is located within the Cocohatchee River Watershed, which encompasses approximately 186 square miles and is relatively flat, with a slope of less than 1 foot per mile. The headwaters of the watershed are the Corkscrew Swamp, and the outlet is the Cocohatchee River, which ultimately discharges into the Gulf of Mexico. The Heritage Bay development site contains large contiguous wetland/upland vegetation associations located along the northern portion of the property and along the eastern portion of the property. Smaller areas are located in the western portion of the property and are isolated. Wetland areas total 834.9 acres. Upland vegetation includes pine flatwoods and palmetto prairies and are scattered throughout the wetland areas and total 26.1 acres. The 51 acres of this application does not contain wetland areas however Basin 8 abuts wetland W3 to the north. • A construct and operate and conceptual permit (No. 11-02234-P)was issued by the District on August 14, 2003 for a 2562.7 acre residential/golf course development plus conceptual approval for residential, recreational and commercial portions of the development. A construct and operate permit was issued on November 10, 2004 for the complete reconfiguration of the entire 2562.7 acre project area which was authorized under Permit number 11-02234-P(application number 040212-21). This permit included a revised work schedule for monitoring and maintenance activities. (A permit modification to undertake early work was issued by District staff on October 15,2004, application number 040907-5). A permit modification was issued on July 13, 2005 to modify 890.4 acres of the 2562.7 permitted acres by configuring both the upland development and the surface water management system from the previously permitted configuration (application number 041201-9). These re-configurations were for Basins 6, 7, 9, 10, 11, and 12. As a result of the changes, Basins 9 and 10 were combined into Basin 910. Conceptual authorization for 52.1 acres was also authorized. The proposed 51.0 acre modification consists of constructing a communications facility and affordable housing development within Basin 8, added littoral areas within Basins 1 and 6 and club house and golf course maintenance faciliies with Basin 3. The master system is constructed, operational and provides the required water quality and attenuation for the 25 year 3 day design storm event. p. i}l j is I. .''� "+�.a 1; ...- s •` 3 ,3 3.i, .. '$ .:Fiuvn 'a r"} <.. s`".^ _ .3 f. .....s ,br^ I€r t i:. • s. - - "Natural Areas"refers to the 12.3 acres of littoral zones proposed within Basins 1 and 6. Construction: App.no.: 050525-7 Page 2 of 6 erp_st aff_re port.rdf Agenda Page#21 Project: This Phase Building Coverage 6.34 acres Lake 4.07 acres Natural Areas 12.30 acres Pavement 12.20 acres Pervious 16.09 acres Total: 51.00 Discharge Rate : The proposed project is consistent with the land use and site grading assumptions from the design of the surface water management system. Therefore, the surface water management system for this project has not been designed to limit discharge for the design event to a specified rate. The master system is constructed,operational and provides the required water quality and attenuation for the 25 year 3 day design storm event. An Urban Stormwater Management Program and Construction Pollution Prevention Plan specifications and guidelines are part of the required water quality. Construction and daily operation of the project shall be conducted in accordance with Special Condition Nos. 14- 16 and Exhibits Nos. 2.0- 2.5 and 3.00-3.15 which are incorporated by reference and shall be retained in the permit file. No adverse water quality impacts are anticipated as a result of the proposed project. a„ . Within the Heritage Bay development site there are large contiguous vegetation associations located along the northern portion of the property and down through the eastern portion of the property. Smaller areas of preserve are located in the western portion of the property and are isolated wetlands. All wetland areas and associated uplands are to be preserved and placed in conservation easements. Wetland vegetaion incudes include cypress, cypress-pine, freshwater marsh, mixed forested wetland, mixed wetland hardwoods, wet prairie and hydric pine flatwoods and totals 834.9 acres (this includes 9.7 acres of drainage canal and 8.0 acres of berms located in the northern wetland system). Upland vegetation includes pine flatwoods and palmetto prairies. These uplands are small areas scattered throughout the wetland areas and total 26.1 acres. Wetland Impacts: No changes are proposed to any conservation area or the mitigation, monitoring, and maintenance plan. No direct or secondary impacts were previously authorized as part of the original permit (Aplication No. 020523-16)nor in subsequent modifications. No direct or secondary impacts are proposed as part of this application and the proposed modification is consistent with the previously approved permit. App.no.: 050525-7 Page 3 of 6 erp_staff_report.rdf Agenda Page#22 Monitoring/Maintenance: A monitoring and maintenance plan was previously approved under application number 020523-16. The monitoring and mitigation requirements for this project are equivalent to the mining permit issued by the Florida Department of Environmental Protection for this site. Permit modification application number 040212-21 included a revised work schedule to facilitate the applicant to meet permit criteria by submitting reports of maintenance activities in accordance with the FDEP permit. No reports/documentation were submitted to the District's Environmental Resource and Compliance staff. Another revised work schedule was included with documentation submitted for this modification, however to date no reports/documentation have been submitted to the District's Environmental Resource and Compliance staff. Therefore, a third revised work schedule (Exhibit 4.0 attached) has been incorporated into this permit modification to facilitate the applicant to have the project in compliance. The revised schedule reflects a change in the date for the first four work schedule activities. Modifications to the work schedule for future permit modifications will be closely reviewed to ensure the project is in compliance with permit criteria including mitigation sucess. Please see Special Conditions numbers 17 and 18. Wetland Inventory: CONSTRUCTION MOD Site Site id Type Pre-Development Post-Development Pre Pres. Fiuc AA Acreage Current With Time Risk Ark Post Adi Functional Type (Acres) Wo Pres I Project Lag(Yrs) Factor Factor Fluccs Delta Gain/Loss cs MD-3 OFF 400 Preservation 26.10 MO-1 ON 610 Preservation 709.30 MD-2 ON 641 Preservation 125.60 Total: 861.00 Fluccs Code Description 400 Upland Forests 610 Wetland Hardwood Forests 641 Freshwater Marshes i .r x � f <� r ei,a 1• ''�ca.� �., F �; �.f' ., � �i+... a ..� . .,r:F � ..� ..... ... ,ire .. Wetland-dependent wildlife issues and listed species concerns were addressed under two previous permits for this site (please see application numbers 020523-16 and 040907-5). No changes are being proposed to any of the site conservation areas and therefore no adverse impacts to wildlife are anticipated as a result of project construction. 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. App.no.: 050525.7 Page 4 of 6 erp_staff_report.rdf Agenda Page#23 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 (F.A.C.). Pursuant to Chapter 40E-4 F.A.C., 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 different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, F.A.C., the permittee is liable for compliance with the terms of this permit. The permittee is advised that the efficiency 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.: 050525-7 Page 5 of 6 erp_sta ff_repo rt.rdf Agenda Page#24 RELATED CONCERNS: Water Use Permit Status: Irrigation shall be conducted under SFWMD Permit Numbers 11-02235-W and 1 1-0231 9-W. Dewatering shall be conducted under SFWMD Permit Numbers 1 1-0231 8-W and 1 1-021 1 6-W. This permit does not release the permittee from obtaining all necessary Water Use authorization(s) prior to the commencement of activities which will require such authorization, including construction dewatering and irrigation, unless the work qualifies for a No-Notice Short-Term Dewatering permit pursuant to Chapter 40E-20.302(3) or is exempt pursuant to Section 40E-2.051, FAC. Historical/Archeological Resources: The District has previously received correspondence from the Florida Department of State, Division of Historical Resources indicating that the agency has no objections to the issuance of this permit. DCA/CZM Consistency Review: The District has not received a finding of inconsistency from the Florida Department of Environmental Protection or other commenting agencies regarding the provisions of the federal Coastal Zone Management Plan. Enforcement: There has been no enforcement activity associated with this application. STAFF REVIEW: DIVISION APPROVAL: NATURAL RESOURCE MANAGEMENT: G7"� DATE: / / s Edward Cronyn SURFACE W TE ANAGEMENT: DATE: //la; W illia oley,P_ . App.no.: 050525-7 Page 6 of 6 Agenda Page#25 lb x PROJECT SITE aA4 1 ✓� m *t 1f "� '- � 0'7 /// /,'/ f!'";"/7//4://///V*,7 /',/7/,:-7' :(' • 'i7•V7-4/ /!,./.07/,';•/./.4,.. 14 ii V.% %/2;1/ / 1 17 // ,,r ,/ ,,,/ / .70`17/ .' /77://?;,;;',2,/,/,./,?45,W./1,0/ i '‘ ' IV ra ,T �yf/' '/ ,// r , j / �/ ./ /`!;!. //44y-�4 /7//•f%//: E f// /' ,,- - '�j lit / 1 i/ r�1 //i/ /./�1/yr �, r� 0 0/ /1 JOIN, /11 .///;' ay./•r-i.. .. .7ffr/.--7041- ov 1 1 li. 6, .., ,i, ,. zits �/1 /f // f/ /'/ ;M1' 1 i` I i 1 /l ,1r`/.. r�i �: .t• 1' �i�/�f� PROJECT �, I,.IN// / / ,gh IM Ulrpes// � d SITE !s n t�`, ////:// , ,� l .. ! 1 / / f� I gay, �trllrlMfl �1i�1111�'� �.. f i/` 1 �f j� /� �/S! ``s"� ` �.�g +/llUfllliliRl�Npl11� ti:// . / //i //1/-,07 U.S. HOME ---,.'/,4// if/ ' 4/4 /7;,;y://,?-0/, PARCEL ill �' �.L„ / U.S. / ///' ' /�/t ii COt# 31 IMMOKALEE ROAD (C.R. 846) EXHIB1T / O SITE MAP Agenda Page#26 ii:suc..""Pic:sosvuicklix2.."_1-215111\ BoreTA BEACH RO- r11we5 a-.e-t4 MO Tww3TON oa-a-ie 6-.e-:a 06- --27 ora-:e oz-ae-:e ao-+e-m RIDOE pl_le--]3 a LEE COUNTY r COLLIER COUNT ' _ d14A.EST a II It-4B-2a 12-48-26 07-• 7 108-46-260§ 2d- 10-48-26 .II 07-48-26 PROJECT LOCATION 1 uwA r � 16-46-26 ^`t-` ,.f j3=' . 6+'•'. ID-4827 10-46-26 r I7-48-25 \\., 13-46-25 4 1 ry1B—4S-26 y , Mr2AVG11trf lCRES ^ ' M I110 :2i3, 2K 14-4a-27 24-0-25 i 2t-48-28 22Y48-26 ,t- _ d,. -_ 56 r5rEE2 t- 1 20-48-26 M'0004M105 y a t- '14 4' .h ,XES I* / . 1 ....,,,,,,,%. .„,,,,,,,,:,,,„,„...4,..„,,..:,, .. .r .„.., .., ._ ae8Y , ki,,,, , .1 • d li RI�� ., 30-46-27 2'-48-4 �{ CET&,;....ipk I +u4311R-,... w.. 26-46-26 1 , 1 �3i 2B�48-^.6 25-46-26 i 2" N,p 1a�... 27-48-26 i M.10-46-2d h '"` �illl�l ii I �90wit -I R 11 ��i :11. ...1. :- .."-'.- O I in 36-48-26 1 wp.. *... - I e 1 PIDJCAN WASH l.3 ff 06 ISLANDWAV 3333 34-48-76 ►.4Fra vAIMERIOLT • f,•. 1-{6-2"� 38-46-25 *twit. ITN *C&' Pc - q TN� 31-48-26 I I 35-40-26 - pp0/ WM .1401A 11.. EVEROiADES VANDERBILT .1 ROAD Y.T. I y VANDERBILT :I CH ROAD 660 _ •8- - 27 4l.. M. • OR1. 3 Yl Ac I .Y KM. I I � : 1r. L11(E51DE gm1 aeonsIR4fi 9>Y56 VRR9 26 I I. r 3 05-49-26 .... .06-49-26 11: .- . x 1 I .P.M, 01-49-25. •w„�e_A = x �� 12 49-2�- 07- -27 09-49-26 is ..I ._ y N M 71 RARDEPORS� I9-4 S2 „1 11--49-28 7 �. morn s .. 41A AVCRI[to . 111. 06-49-26 a, ` II —I -emu 4� r MAP EXHIBIT /'ILOCATION EXHIE _AD. e#2Z APPO GATIO UN4 5MITTAL LWC SERVI AUG �CEp C � ENTER URBAN STORMWATER MANAGEMENT PROGRAM 1.0 Introduction This document provides details of the Urban Stormwater Management Program for Heritage Bay in Collier County. This Plan discusses non-structural controls, intended to improve the quality of stormwater runoff by reducing the generation and accumulation of potential stormwater runoff contaminants at or near the respective sources for each constituent, along with significant structural components of the primary stormwater treatment system. Although many of the methodologies and procedures outlined in this document are general Best Management Practices (BMP's)which can be useful in attenuating pollutants in many types of urbanized settings, the implementation of these practices has been optimized, to the maximum extent possible, to reflect the unique character of Heritage Bay and the surrounding hydrologic features. Pollution prevention guidelines are provided for the areas of(1) nutrient and pesticide management; (2) street sweeping; (3) solid waste management; (4) operation and maintenance of the stormwater management and treatment system; and (5) construction activities. A discussion of each of these activities is given in the following sections. 2.0 Nutrient and Pesticide Management Nutrient and pesticide management consists of a series of practices designed to manage use of fertilizers and pesticides so as to minimize loss of these compounds into stromwater runoff and the resulting water quality impacts on adjacent waterbodies. Implementation of a management plan will also maximize the effectiveness of the nutrients and pesticides that are applied. Each homeowner/maintenance entity must commit themselves to the practice of responsible and careful landscape design and maintenance of each lot to prevent contamination of surface waters. The guidelines included in this section are intended to help homeowners make educated environmental choices regarding the maintenance of individual yards within the community. These maintenance and management guidelines are meant to promote an attractive neighborhood that preserves the health of adjacent waterways and environmental features. 2.1. General Requirements A landscape plan must be developed for each residence & commercial parcel. The plan must be comprehensive in nature and follow the landscape design guidelines established by the Homeowners Association or Community Development District and must promote revegetation of each lot/parcel as quickly as possible. Commercial applicators of chemical lawn products must register with the Homeowners Association or Community Development District annually and provide a copy of their current ExHIBIT 60220-t56690 Ver 611•CHAVES • ffi/`M/jJ., CPs41 V N0442.2024)1.ESB6ti 29695 Agenda Page#28 occupational license, proof of business liability insurance, and proof of compliance with applicable education and licensing requirements. Individual employees working under the direction of a licensed commercial applicator are exempt from the educational requirements. Only registered commercial applicators and individual lot owners are permitted to apply chemicals within the property on a private lot. All chemical products must be used in accordance with the manufacturer's recommendations. The application of any chemical product within five (5)feet of any surface water including but not limited to ponds, lakes, drainage ditches or canals, is prohibited. The use of any chemical product in a manner that will allow airborne or waterborne entry of such products into surface water is prohibited. This rule shall not apply to the use of chemical agents, by certified lake management specialists, for the control of algae and vegetation within the stromwater lakes or ponds. 2.2. Nutrient Management Program Management and application of nutrients and fertilizers in the Heritage Bay will adhere to the following guidelines: A. All fertilizers shall be stored in a dry storage area protected from rainfall and ponding. B. No fertilizer containing in excess of 2% phosphate/phosphorus(P205) per guaranteed analysis label (as defined by Chapter 576, Florida Statutes) shall be applied to turf grass unless justified by a soil test. C. Fertilizer containing in excess of 2% phosphate/phosphorus (P2P5) per guaranteed analysis label shall not be applied within 5 feet of the edge of water or within 5 feet of drainage facility. D. All fertilizer shall be applied such that spreading of fertilizer on all impervious surfaces is minimized. E. Liquid fertilizers containing in excess of 2% phosphate/phosphorus (P2O5) per guaranteed analysis label shall not be applied thorough an irrigation system within 10 feet of a drainage facility. F. Liquid fertilizers containing in excess of 2% phosphate/phosphorus (P2O5) per guaranteed analysis label shall not be applied through high or medium mist application or directed spray application within 10 feet of the edge of water or within 10 feet of a drainage facility. 2.3. Pest Management Program Proper maintenance of plants and turf areas will minimize the ability of pests to successfully attack landscaping. Several general guidelines follow: A. Apply fertilizer and water only when needed and in moderate amounts. Excessive amounts of either can cause rapid growth that is attractive to insects and disease. B. Mow St. Augustine grass to a height of 3-4 inches. If cut shorter, the plants may become stressed and more vulnerable to pest infestation. Each mowing should ADD/REVISED SUBMITTAL. APPLICATION NUMBER EXII I B IT AUG 3 0 2005 - 459525 - � # _ I &2,32005.150090 VW:01'-(HAVES W13 NO412.203.001-ESB10-29BA' ADD/REVISED SUBMITTAL Agenda Page#29 AUG 3O2005 LWC SERVICE CENTER remove no more than one-third of the leaf blade, and those cuttings should remain on the lawn to decompose. C. It is recommended that pesticides, fungicides, and herbicides be used only in response to a specific problem and in the manner and amount recommended by the manufacturer to address the specific problem. Broad application of pesticides, fungicides and herbicides as a preventative measure is strongly discouraged. The use of pesticides, fungicides, or herbicides is limited to products that meet the following criteria: A. Must be consistent with the USDA-NRCS Soil Rating for Selecting Pesticides B. Must have the minimum potential for leaching into groundwater or loss from runoff C. Products must be EPA-approved D. The half-life of products used shall not exceed seventy (70) days 3.0 Street Sweeping This practice involves sweeping and vacuuming the primary streets to remove dry weather accumulation of pollutants, especially particulate matter, before wash-off of these pollutants can occur during a storm event. This practice reduces the potential for pollution impacts on receiving bodies by removing particulate matter and associated chemical constituents. Although street cleaning operations are frequently conducted primarily for aesthetic purposes, the primary objective of street sweeping program for the Heritage Bay is to improve the quality of Stormwater runoff generated from impervious traffic areas. Street Sweeping activities can be particularly effective during periods of high leaf fall by removing solid leaf material and the associated nutrient loadings from roadside areas where they could easily become transported within stromwater flow. Street sweeping operations will be performed in Heritage Bay at a minimum frequency of one event every other month. A licensed vendor using a vacuum-type sweeping device will perform all street sweeping activities. Sweeping activities during each event will include all primary street surfaces. Disposal of the collected solid residual will be the responsibility of the street sweeping vendor. 4.0 Solid Waste Management In general, solid waste management involves issues related to the management and handling of urban refuse, litter and leaves that will minimize the impact of these constituents as water pollutants. Maintenance of adequate sanitary facilities for temporarily storing refuse on private premises prior to collection is considered the responsibility of the individual homeowner. Local requirements for refuse collection will be brought to the attention of every homeowner at closing for the sale of the pr�o4p]`e�rty. Information will be distributed as necessary stating specifications A t L ��,t"�� UMBLl� EXHIBITfa5Q5z5 # 842212005•SSS690 Vet 0il-CMAYES CAN{3 MO4-42-203-001-ES8M-29095 Agenda Page#30 for containers, separation of waste by type, where to place containers prior to collection, and established collection schedules. Fallen tree leaves and other vegetation, along with grass clippings, may become direct water pollutants when they are allowed to accumulate in swales and street gutters. All homeowners will receive periodic educational materials that address proper disposal of leaves and other vegetation to minimize water quality impacts. 5.0 Storm Water Management and Treatment System The stormwater management system for Heritage Bay is designed to maximize the attenuation of stormwater generated pollutants prior to discharge to the off-site wetland systems. Operational details and maintenance requirements of the various system components are given in the following sections. 5.1. Wet Detention Lakes and Lake Interconnect Pipes The basic element of the Stormwater management system consists of a series of interconnected wet detention ponds that provide stromwater treatment through a variety of physical, biological, and chemical processes. A wet detention pond acts similar to a natural lake by temporarily detaining stromwater runoff, allowing opportunities for treatment processes to occur, prior to slow controlled discharge of the treated water through the outfall structure. Pollutant removal processes in wet detention systems occur during the quiescent period between storm events. Significant removal processes include gravity settling of particulate matter; biological uptake of nutrients and other ions by aquatic plants, algae and microorganisms; along with natural chemical flocculation and complexation processes. Maintenance of the wet detention ponds will consist of an annual inspection. During each annual inspection, the following items will be reviewed and corrected as necessary: A. Inspect the outfall structure and orifices to ensure free-flowing conditions and overall engineering stability of the outfall system. B. Review the banks of the lakes and canals to ensure proper side slope stabilization and inspect for signs of excessive seepage that may indicate areas of excessive groundwater flow and possible subsurface channeling. C. Physically evaluate each of the lakes and canals for evidence of excessive sediment accumulation or erosion. D. Inspect the planted aquatic vegetation in the littoral zone to ensure that the desired vegetation species, percent coverage, and density are maintained. At the completion of the inspections, a written inspection report will be prepared, listing any deficiencies that need to be addressed or corrected by the Homeowners Association. ADD/REVISED SUBMITTAL T 2 APPLIC I B 3 AUG 3 05 0550525 - # CLV212dos,156B90 VH=09-CHA,ES LWC SERVICE CENTER M0442-291-001•ESBM.29695 Agenda Page#31 ADD/REVISED SUBMITTAL AUG 3 0 2005 L_ 5.2. Stormwater Inlets, Pipes and Culverts LWC SERVICE CENTER The grates should be unobstructed and the bottom, inside the inlet, should be clean. Check for any accumulation of sediment, trash such as garbage bags, or debris in the culverts connection these inlets. Flushing out with a high-pressure hose may clean some sediment. Any noted blockage(due to a possible obstruction, or broken pipe, ect.) should prompt further investigation. Crushed or corroded culverts should be replaced with new ones of the same size. 5.3. Swales and Grassed Water Storage Areas These provide for conveyance and/or above-ground (or surface)storage of Stormwater. With age, these areas usually fill in with vegetation and sediment. Swales may need to be regraded and/or revegetated. It is a good idea to compare the existing slope and dimensions of the swale with the permitted design plans prior to the removal of excess sediment or regrading. Areas that show erosion should be stabilized with appropriate material such as sod, planting, rock, sand bags, or other synthetic geotextile material. Regular mowing of grass swales is essential. These areas also improve water quality by catching sediment and assimilating nutrients, and recharge the underground water table. Remove any undesirable exotic vegetation. Culverts underneath driveways should be checked for blockage, and, if necessary, flushed with high-pressure hose. After a storm, swales may remain wet for an extended period of time. This is normal and the water will recede gradually. 5.4. Ditches or Canals Fill material, yard waste, clippings and vegetation, sediment, trash, appliances, garbage bags, shopping carts, tires, cars, ect. Should be completely removed. Also check to make sure there are no dead trees or any type of obstructions which could block the drainage flow way. Maintenance cleaning/excavation must be limited to the same depth, width and side slope as approved in the current permit. Making a ditch deeper or wider may trigger a need for a permit modification. Provisions must also be made to prevent any downstream silting or turbidity (Contact the SFWMD Resource Compliance staff if you are unsure or need clarification.) Be sure to dispose of all removed material properly so it won't affect any other water storage or conveyance system, environmental area, or another owner's property. 5.5. Outfall Structure (also called the Discharged Control Structure or Weir) The outfall structure should be routinely inspected to determine if any obstructions are present or repairs are needed. Trash or vegetation impeding water flow through the structure should be removed. The structure should have a "baffle" or trash collector to prevent flow blockage and also hold back any floating oils from moving downstream. Elevations and dimensions should be verified annually with all current permit information. Periodic inspections should then be regularly conducted to make sure these structures maintain the proper water levels and the ability to discharge. rArt 1_l'Q t-I-ik�11!I EXHIFti 050525 " ' # z . er23,2005-15090 Ver of i-CNAYES cwa3 10142.203.001.E SBM.2D095 Agenda Page#32 5.6. Earthen Embankments (Dikes and Berms1 Check for proper elevations, width and stabilization. Worn down berms—especially if used by all-terrain vehicles or equestrian traffic—and rainfall—created washouts should be immediately repaired, compacted and re-vegetated. 6.0 Construction Activities A Stormwater Pollution Prevention Plan (SWPPP)has been prepared for construction activities to minimize activities contamination that may be caused by erosion and sedimentation during the construction process. The plan includes provisions related to soil stabilization, structural erosion controls, waste collection disposal, offsite vehicle tracking, spill prevention and maintenance and inspection procedures. A copy of the SWPP is attached hereto and made a part of hereof. ADD/REVISED SUBMITTAL AUG 30 2005 LWC SERVICE CENTER APPLICATION NUMBER 450525 ` # EXHIBIT s Bl23Y.'d);-75C890 ver.ell-CHAY'E5 C.M tkiaAbikil - pDDIREv1SE-_ 1TTA� Heritage Bay Commercial AAA 3 0 08 05 0 5 2 5 ! iLatit1e: 26°16'37.5" Longitude: 81° 41' 18.7 CONSTRUCTION POLLUTION PREVENTION " , C SERVICE CENTER 77, � O ., ' 11;,:_tit Heritage Bay Commercial �'1_�r ;�,• t'`' Lennar Land Division 1 ti t,, , 1,3r� �t .:g. Latitude: 26° 16' 37.5„ `'_ ',` ; j )= �'`: 10481 Six Mile Cypress ;r ;c,.� , � , ' ; Longitude: 81° 41' 08,7" • t `•' xh Parkway 1 � � �1,, y , . �; Ft Myers, FL 33912 N ' , 1 t' A 54.4 Acre Project including 200 Multi-Family Units and Commercial Building construction , x TI+- within Heritage Bay, Located in Collier County, Florida. K q .] L* .p F 1. This project includes clearing,grubbing, lake excavation,storm water infrastructure installation, utility installation, road construction,grading and compacting, and the construction of 200 multi-family units and commercial buildings on an undeveloped parcel of land totaling 54.4 acres, within the Heritage Bay subdivision located in Collier County, Florida. Soil disturbing activities will include: erosion and sediment controls;clearing and grubbing, invasive exotic removal, excavation for detention lakes,storm sewer and utility installation,road and parking lot construction,grading;excavation for buildinI footers;secondary lot/ arcel drainage; and preparation for final planting,sodding and seeding. P��''= �'? 9 The final coefficient of runoff for the site will be c=0.70 �, r ' , ,, ' "` ° .K The site covered by this SWP3 is as Iroxirnatelry 54.4 acres s yy,� , a: .: s7 . cm Y4z x +,5. Y' 1E_s, ,41 t,C1 q k. r 'r �.. , t ,. k :.-:,; >i• x z agj AvcRiki The order of activities will be as follows: 10. Stabilization of denuded areas and stockpiles within T days of last construction activity in that area. 1. Installation of sediment controls. 11, Rough grading for building foundation. 2. Evasive Exotic Vegetation Removal. 12. Excavation for building foundations. 3. Clearing and Grubbing, 13. Installation of secondary lot/parcel drainage. 4. Lake Excavation and Material Balance. 14. Final grading for lot/parcel drainage and landscaping. 5. Storm Sewer and Storm Structure Installation. 15. Installation of permanent landscape material,sod and 6. Underground Utility Installation. mulch for multi-family homes/commercial buildings. 7. Curb and Gutter Installation. 16. Removal of erosion control devices after landscaping 8. Roadway and Parking Lot Grading, Compacting, and and sod has been established. Surfacing. 9. Excavation and Grading for Roadway Landscape Installation. 2* j y3 t ..;' Land Development: Silt Fence, Sand/Rock Bags, Floating Turbidity Barrier,Sod,Seed, Mulch r r � is r! E4f zU r ' 't Home Building/Commercial Building: Silt Fence, Sand/Rock Bags,Sod,Seed and Mulch `' Cocohatchee Canal -,.:7-F.A.,-..,k ., ,,, '` 'YYE Clean sand from on-site lake excavation and clean structural fill imported from local pits `', :A.?.---;-.5k`; • ,Ar, t ; . makeup this site. This site has passed a phase I environmental audit. T Agenda Page#34 4`4,, y. ' -.5z . �'_. tV ,F -,1,'L ; 1 . .T jltlpg t'li .r :: dg. .�n•.. . ,-A .. - j s , t ifr ` a.0,s.Y�.3 yam'" >r f's,,y�,`x r :DO Ls., _ ,..F,(. . ... r'6^ «.-c-. r;�• i'u' ; 1.&'T$M r 1. F aI u : i gip Y. _Yt ., Temporary Stabilization—Stock piles and disturbed portions of the site where construction activity temporarily ceases for at least 7 days will be stabilized with temporary sod or seed and mulch no later than 7 days from the last construction activity in that area. The temporary sod shall be Bahia or an equal substitute. The temporary seed shall be Rye(grain) applied at the rate of 120 pounds per acre. After seeding, each area shall be mulched with 4,000 pounds per acre of straw. The straw mulch is to be tacked into place by a disk with blades set nearly straight. Areas of the site which are to be paved will be temporarily stabilized with primed limerock base. Construction access shall be stabilized with 57 stone or a suitable substitute to minimize soil migration off-site from vehicular traffic. Permanent Stabilization-Disturbed portions of the site where construction activities have permanently ceased shall be stabilized with ermanent seed or sod no later than 7 days after the last construction activit . Wet detention lakes will be constructed as the permanent water management system for this project. Storm sewer will be used to convey runoff from developed areas to the water management system. Treatment of this runoff will occur prior to discharge to the down-stream receiving body in accordance with Water Management District rules and the site ERP. Temporary Detention Swales will be constructed as part of the housing/commercial construction for collection of surface water runoff and pretreatment prior to discharging,to the permanent water management system. The surface water management system has been designed by a professional engineer to limit discharge rates from a 25- year, 3-day storm event to the allowable discharge predetermined by the governing water management district. Storm water will be conveyed to the water management system by sheet flow, swales, valley gutter, drainage structures, and ' storm sewer. Upon completion of the overall water management system, any areas still under construction will use Best Management Practices including inlet protection, hay bales, silt fence, stabilized overland flow, a spreader swale, or any other suitable turbidity and erosion control devices to prevent the introduction of sediments or point discharge into the water management system. ADD/REVISED SUBMITTAL AUG 3 0 2005 LWC SERVICE CENTER APPLICATION NUMBER 05 0 5 EXHIBIT3 . OI Agenda Page#35 j, r r 8.e .�l.'. TY4 • e,. I f Waste Materials All waste materials will be collected and stored in metal dumpsters rented from a licensed solid waste management company. The dumpsters will meet all state and local solid waste management regulations. All trash and construction debris from the site will be deposited in the dumpsters. The dumpster will be emptied a minimum of once a week, and the trash will be hauled to the licensed solid waste disposal facility. No construction waste materials will be buried onsite or allowed offsite, and, in no cases, will construction debris enter the existing water management system. All personnel will be instructed regarding the correct procedure for waste disposal. Notices stating these practices will be posted in the office trailer and the Project Superintendent will be responsible for ensuring proper implementation and adherence to these procedures. Hazardous Waste All hazardous waste materials will be disposed of in the manner specified by local or State regulations or by the manufacturer. Site personnel will be instructed in these practices, and the Project Superintendent will be responsible for implementation and adherence to these practices. Sanitary Waste All portable units shall be placed a minimum of ten feet off of back of curb and/or any pavement. All portable units shall be placed a minimum of ten feet away from any storm inlets or structures. All portable units shall be placed on level ground and satisfactorily anchored or stabilized to prevent over-turning of the unit. All sanitary waste will be collected from the portable units by a licensed sanitary waste management contractor in accordance with local regulation. All portable units shall be promptly removed from the site when no longer required for construction/on-site personnel. A stabilized construction entrance will be provided to help reduce vehicle tracking of sediments. The paved street adjacent to the site entrance will be swept as needed to remove any excess mud, dirt or rock tracked from the site. Dump trucks hauling material to or from the construction site will be covered with a tarpaulin. ADDIREVISED SUBMITTAL APPLICATION NUMBER AUG 3o2005 I 050525 _ 7 # LWC SERVICE CENTER 0 Agenda Page#36 , 'qa ?k.., x. ax':k_ .. -.,��_�, a n..�y .:�� wrl n ,... � ,� a;g$"�nk � i4. :.- ��. ..�a As indicated in the Sequence of Major Activities,the erosion control devices, stabilized construction entrance and temporary detention basins will be constructed prior to the start of vertical construction. Areas where construction activity temporarily ceases for more the 7 days will be stabilized with temporary seed and mulch within 7 days of the last disturbance. Once construction activity ceases permanently in an area,that area will be stabilized with permanent sod or seed and mulch. Erosion control devices will be removed upon the completion of construction. .m9:, f.evl;MT .' H •� �y�.. u �•fkdxw `s E 9. n, &.P k t. err .• �"J� s. . daA� =, .-....:-: `�.�k :� � � :e -- ... � •':��1`� ` �:; The storm water pollution prevention plan reflects the South Florida Water Management District(SFWMD) and Collier County regulations for storm water management. To ensure compliance, this plan was prepared in accordance with the Collier County Land Development Code and the SFWMD Basis of Review Manual. A Collier County Development Order and a SFWMD Individual Environmental Resource Permit has been obtained. rt x t-:vxtea' ti, g `�{ X, 3 • r.: 5; t fi'•.,. t/ I!-`"'' y! 4I t l r ti These are the inspection and maintenance practices that will be used to maintain erosion and sediment controls. ■ All control measures will be inspected at least once each week and following any storm event of 0.50 inches or greater. • All measures will be maintained in good working order; if a repair is necessary, it will be completed within 7 days of discovery. ■ Built up sediment will be removed from silt fence when it has reached one-third the height of the fence. • Silt fence will be inspected for depth of sediment,tears, integrity of the fabric attachment to the fence posts, and for stability of fence posts in the ground. • Any perimeter berms will be inspected, and any breaches shall be promptly repaired. • Temporary and permanent grassing and planting will be inspected for bare spots, washouts, and healthy growth. • A maintenance inspection report will be made after each inspection.A copy of the report form to be completed by the inspector is attached. 7_.' Y _. �+•- .k��' _ ��.+�.r.:.. tat.. •� ;s.2r.- 7.�'. �. � R. It is expected that the following non-storm water discharges will occur from the site during the construction period: • Temporary dewatering may occur during lake excavation. Temporary on-site containment areas will be constructed for retention, for ground water recharge and to assure that water is not discharged off-site. Containment areas will be restored to design elevations upon completion of dewatering. • Pavement wash waters(where no spills or leaks of toxic or hazardous materials have occurred). • Temporary construction water for general construction purposes such as landscape irrigation. IAll non-storm water discharges will be directed to the detention lakes prior to discharge. ADD/REVISED SUBMITTAL APPLICATION NumaiF AUG 3 0 2005 0 5 0 5 2 5 - E # LWC SERVICE CENTER X Agenda Page#37 .J. The materials or substances listed below are expected to be present onsite during construction: • Concrete/Stucco • Fertilizers • Detergents • Petroleum Based Products • Paints(enamel and latex) • Cleaning Solvents ■ Metal Studs • Wood • Asphaltic Concrete/Brick Pavers I Masonry Block ■ Tar • Roofing Shingles/Tiles vu • mix z�`�'R.t z� s {�.e k� �. y r r+ ' .1�. �.��` i^i,T� _r9 i lb Fy�s�+ ) . ,ro 3. > , :'C .b.', The following are the material management practices that will be used to reduce the risk of spill or other accidental exposure of materials and substances to storm water runoff. The following good housekeeping practices will be followed onsite during the construction project. ■ An effort will be made to store only enough material required for construction. • All materials stored onsite will be stored in a neat,orderly manner in the appropriate containers and, if possible, under a roof or other enclosure. • Products will be kept in their original containers with the original manufacturer's label. ■ Substances will not be mixed with one another unless recommended by the manufacturer. ■ Whenever possible, all of a product will be used up before disposing of a container. • Manufacturers' recommendations for proper use and disposal will be followed. • The Project Superintendent will inspect the site daily to ensure proper use and disposal of materials. ;H � r APPLICATION NUMBER These practices are used to reduce the risks associated with hazardous materials, 0 5 0 5 2 5 is Products will be kept in original containers unless they are not re-sealable. ■ Original labels and material safety data will be retained; they contain important product information. • If surplus product must be disposed of, manufacturers or local and State recommended methods for proper disposal will be followed. .?r . ,o. ....r.. '.as .c s.: t : °a..t ..=}Vra.d �,1.; ._ 'i., :� C r1:.` � y&� .� : i•;S .— _ The following product specific practices will be followed onsite: AUG 3 0 2005 LILAC SERVICE CENTER J All onsite vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. Petroleum products will be stored in tightly sealed containers which are clearly labeled. Any asphalt substances used onsite will be applied according to the manufacturer's recommendations. Any Diesel storage drums will have a lined containment area around them to prevent fuel from ground contact. EXHIBIT 4 Agenda Page#38 Fertilizers will be applied as recommended by the manufacturer. Once applied, fertilizer will be worked into the soil to limit exposure to storm water. Storage will be in a covered shed. The contents of any partially used bags of fertilizer will be transferred to a sealable plastic container to avoid spills. All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged to the storm sewer system. If disposal is required, it will be in accordance with the manufacturers'instructions or State and Local regulations. Concrete trucks will be allowed to wash out or discharge surplus concrete or drum wash on the site at a predetermined location, The water will be detained to let the concrete settle prior to discharging into the surface water system. Any remaining concrete in the wash out area will be removed and disposed of properly once the wash out area is no longer required. In addition to the good housekeeping and material management practices discussed in the previous sections of the plan, the following practices will be followed for spill prevention and cleanup: • Manufacturers' recommended methods for spill clean up will be clearly posted and site personnel will be made aware of the procedures and the locations of the information and clean up supplies. • Materials and equipment necessary for spill clean up will be kept in the material storage area onsite. Equipment and materials will include but not be limited to brooms, dust pans, mops, rags,gloves, goggles, kitty litter,sand, sawdust, plastic and metal trash containers specifically for this purpose. • All spills will be cleaned up immediately after discovery. • The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with hazardous substances. • Spills of toxic or hazardous material will be reported to the appropriate State of local government agency, If over the reportable quantity. The MSDS for all hazardous waste products will be on site and that; "40 CFR 117 requires the operator to contact the State Warning Point at 800-320-0519 or 850-413-9911 In the event of a spill in the excess of a reportable quantity". • The spill prevention plan will be adjusted to include measures to prevent this type of spill from reoccurring as well as how to clean up the spill should one occur again. A description of the spill, what caused it, and the cleanup measures will also be included. I ■ The Project Superintendent will also act in the capacity of spillprevention and cleanup coordinator. ADD1REV1SED SUBMITTAL . APPLICATION NUMBER 06 3 0 2005 0 5 0 5 2 5 - '. # LWC SERVICE CENTER EX 03!2612005 10: 03 239-693-5560 PROTECTIVE BARRIERS PAGE 0e/1�' Agenda Page#39 .. `,.,. �q . `�s". �` - .x' .. ,.�nf �c' .K�^ .,r e7S':E • � •,ai�t I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. eased on my inquiry of the person or persons who mange the system,or those persons directly responsible for gathering the in •• - non, the in ' ation submitted is, to the best of my knowledge and belief, true, accurate, and complete. I : = -re that • - e e significant penalties for submitting false information, including the possibility of fine and lnpri t for kn. 'ins ola ions. Signed _, . , A Ru-.ell R.Smith .nd Acquisitions and Sales Dale I lig lot{ �IJ :` ry..T" �.-'J-'R •�i. y`:.a' �l .. :„"'n'.f;�•y? ��r;'� . �'il.•.Sf?i�� F�L f' }[;;; NH"`!;°'w.�-y '. I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associates with Construction activity from the construction site identified as part of this certification, General Contractor Name and Title Date Protective Barriers, Inc BMP and Site Inspections Na nd Title P.O. Box 50695 Fort Myers, Fl 33912 41/54 Date ADDIREVISED SU8M1TTAt APPLICATION NUMBER AUG 30 050525 _ LWC SERVICE CENTER EXHIBIT ' Agenda Page#40 Heritage Bay CONSTRUCTION POLLUTION PREVENTION PLAN �. (r yf t } l[ l.aN -iT%+�...r&r' •d .. ...A'&......Via:"'�. f. ti ri `},�1�I:, Heritage Bay , 1 '; � , x' US Home/Lennar Corporation ' . '} ' y :i r`' 10481 Six Mile Cypress Pkwy Latitude 26° 17 23.12 ��x Y Longitude 81°39'33,5" ° � , #`•I Fort Myers, FL 33912 ,� {.'`• Single 1 Multi Family, Residential Subdivision with a 27 hole Golf Course and Club House ItT This project includes clearing,grubbing, lake excavation, storm water infrastructure installation, utility installation, road construction, grading and compacting, and single family home construction for a currently undeveloped 148.6 acre tract of land in Collier County, Florida. Soil disturbing activities will include: erosion and sediment controls;clearing and grubbing, invasive exotic removal, excavation for detention lakes, storm sewer and utility installation, road construction,grading;excavation for building footers;seconda lot drainage; and preparation for final planting, sodding and seeding. net . Sri The final coefficient of runoff for the site will be c=0.7 * The site is a*•roximatel 687.9+ Acres, or which 148 6+ will be disturbed The order of activities will be as follows: 11. Stabilization of denuded areas and stockpiles within 21 days of last construction activity in that area. 1. Installation of sediment controls. 12. Rough grading for building foundation. 2. Evasive Exotic Vegetation Removal. 13. Excavation for building foundation. 3. Clearing and Grubbing. 14. Installation of secondary lot drainage. 4. Lake Modification and Material Balance, 15, Final grading for lot drainage and landscaping. 5. Construction of a 27 hole golf course 16. Installation of permanent landscape material, sod and • 6. Storm Sewer and Storm Structure Installation. mulch for single family homes. ! 7. Underground Utility Installation. 17. Removal of erosion control devices after landscaping 8. Curb and Gutter Installation, and sod has been established. 9. Roadway Grading, Compacting, and Surfacing. 10. Excavation and Grading for Roadway Landscape Installation, 4 i- s fly' Cocohatchee Canal—Existing outfall structure located at 26° 16' 25.20" -81°40' 07.03 %, !y r� _ Clean sand from on-site lake excavation and clean structural fill imported from local pits ' ,1t4 r ; , W makeup this site. This site has passed a phase I environmental audit. ADDIREVISED SUBMITTAL APPI-IGATIOIW NUMIICA AUG 3 0 2005 05 0 5 2 5 LWC SERVICE CENTER , ,,,,---...), EXHIBIT ,, ` , Agenda Page#41 ♦,� :, 44 - ]j r • '• .. "♦ .. .v :^L -'a3'. °'' '�t 4 ` S t r _r . z • .<� fi• x i� Mx'Skw.. .:.�xlr.._•raw. r { 7 11 .. �"• '�7�Yi x - a z.' . n.,£ v r.i'4. :i sx• "�.#''S'``t f s .d r . w.. :y. t F ,`; r _. ,.' ' C ��Y?��ri� r� ..;y ...•„�:: �� '� s"" �x�.taSsS t ' _ ��'�y��r ? � y." s ,...:s'� '1�•� �,r• Temporary Stabilization—Stock piles and disturbed portions of the site where construction activity temporarily ceases for a least 14 days will be stabilized with temporary sod or seed and mulch no later than 21 days from the last construction activity in that area. The temporary sod shall be Bahia or an equal substitute. The temporary seed shall be Rye (grain) applied at the rate of 120 pounds per acre, After seeding,each area shall be mulched with 4,000 pounds per acre of straw. The straw mulch is to be tacked into place by a disk with blades set nearly straight. Areas of the site which are to be paved will be temporarily stabilized with primed limerock base. Construction access shall be stabilized with 57 stone or a suitable substitute to minimize soil migration off-site from vehicular traffic. Permanent Stabilization-Disturbed portions of the site where construction activities have permanently ceased shall be stabilized with +ermanent seed or sod no later than 21 days after the last construction activity. •Y�� .r... i �� i•a.. x ^�$� _ ) raw en..... �. .... ems.... Wet detention lakes will be constructed as the permanent water management system for this project. Storm sewer will be used to convey runoff from developed areas to the water management system. Treatment of this runoff will occur prior to discharge to the down-stream receiving body in accordance with Water Management District rules and the site ERR Temporary Detention Swales will be constructed as part of the housing construction for collection of surface water runoff and retreatment prior to dischar9in9 to the permanent water mana.ement s stem ,4 'i' .. 4 i ,i�•_ Tt4i1 ,. .�,3- d" ;t 1 The surface water management system has been designed by a professional engineer to limit discharge rates from a 25- year, 3-day storm event to the allowable discharge predetermined by the governing water management district. Storm water will be conveyed to the water management system by sheet flow, swales, valley gutter, drainage structures, and storm sewer. Upon completion of the overall water management system, any areas still under construction will use Best Management Practices including inlet protection, hay bales, silt fence, stabilized overland flow, a spreader swale, or any other suitable turbidity and erosion control devices to prevent the introduction of sediments or point discharge into the water management ystem. { ADDIREVISED SUBMITTAL APPLICATION NUMBER AU 3a o5I O5O525 - 7 .# LWC, SERVICE CENTER EXHIBIT ` ' Agenda Page#42 0 Waste Materials 1 All waste materials will be collected and stored in metal dumpsters rented from a licensed solid waste management company. The dumpsters will meet all state and local solid waste management regulations. All trash and construction debris from the site will be deposited in the dumpsters. The dumpster will be emptied a minimum of once a week, and the trash will be hauled to the licensed solid waste disposal facility. No construction waste materials will be buried onsite or allowed offsite, and, in no cases,will construction debris enter the existing water management system, All personnel will be I instructed regarding the correct procedure for waste disposal. Notices stating these practices will be posted in the office trailer and the Project Superintendent will be responsible for ensuring proper implementation and adherence to these procedures. Hazardous Waste All hazardous waste materials will be disposed of in the manner specified by local or State regulations or by the manufacturer. Site personnel will be instructed in these practices, and the Project Superintendent will be responsible for implementation and adherence to these practices. Sanitary Waste All sanitary waste will be collected from the portable units by a licensed sanitary waste management contractor in accordance with local regulation. A stabilized construction entrance will be provided to help reduce vehicle tracking of sediments. The paved street adjacent to the site entrance will be swept as needed to remove any excess mud,dirt or rock tracked from the site. Dump trucks hauling material to or from the construction site will be covered with a tarpaulin. ADD/REVISED SUBMITTAL APPLICATION NUMBER MI6 302 0 5 0 5 2 5 - LWC SERVICE CENTER EXHIBIT -, , r,, Agenda Page#43 t 3 d:+q•f,':1 z fit_r.:: kr ...... ¢s4. aa...i'� '1!T,``• st,. y 'n c :'� ". ..,'. t_ `: , aA. f- * As indicated in the Sequence of Major Activities, the erosion control devices, stabilized construction entrance and temporary detention basins will be constructed prior to the start of vertical construction. Areas where construction activity , temporarily ceases for more the 14 days will be stabilized with temporary seed and mulch within 21 days of the last disturbance. Once construction activity ceases permanently in an area, that area will be stabilized with permanent sod or seed and mulch. Erosion control devices will be removed upon the completion of construction. =z xr.�.- . fix:,::. _..:; ,... ..�+ .at.,X�_ .:;� s�+ +twd. '�k ,,.'_b...,:�c:} ..�. .d2. .. .. �.��-„�..... t.:..�. •- _. The storm water pollution prevention plan reflects the South Florida Water Management District(SFWMD) and Collier County regulations for storm water management. To ensure compliance,this plan was prepared in accordance with the , Collier County Land Development Code and the SFWMD Basis of Review Manual. A Collier County Development Order and a SFWMD Individual Environmental Resource Permit has been obtained. r is -•, • � tit %t ` £a l ON • 1046. .,t �•.,�A. ..�: �.i%�•� �a..r[ .�.zm+.e.. � .-L4r1}Ln4�2c�''`d!..... r x• 'v. .� .. These are the inspection and maintenance practices that will be used to maintain erosion and sediment controls. • All control measures will be inspected at least once each week and following any storm event of 0.50 inches or greater. • All measures will be maintained in good working order; if a repair is necessary, it will be completed within 7 days of discovery. • Built up sediment will be removed from silt fence when it has reached one-third the height of the fence. • Silt fence will be inspected for depth of sediment, tears, integrity of the fabric attachment to the fence posts, and for stability of fence posts in the ground. • Any perimeter berms will be inspected, and any breaches shall be promptly repaired. • Temporary and permanent grassing and planting will be inspected for bare spots, washouts, and healthy growth. • A maintenance inspection report will be made after each inspection. A copy of the report form to be completed by the inspector is aftached. � i i`�� it, a¢ fit;•:r T �..n..,�33 �y�1!+ v , s 1': ! .i14,w..:Ix.m :s.� Msi: y». .r':�7 7 ^ti- It is expected that the following non-storm water discharges will occur from the site during the construction period: • Temporary dewatering may occur during lake excavation. Temporary on-site containment areas will be constructed for retention, for ground water recharge and to assure that water is not discharged off-site. Containment areas will be restored to design elevations upon completion of dewatering. • Pavement wash waters(where no spills or leaks of toxic or hazardous materials have occurred). • Temporary construction water for general construction purposes such as landscape irrigation. All non-storm water discharges will be directed to the detention lakes prior to discharge. ADDIREVISED SUBMITTAL APPLICATION NUMBER MG 302005 05 4 5 2 5 LWC SERVICE CENTER , t Agenda Page#44 • e t x a r'KL ; ti -ri ' ttA •X . .-.. f f' s * > • .3 �"„uF..sw.,•. .Lt.!. 'A+ 7• .x. w.v. A1,1 The materials or substances listed below are expected to be present onsite during construction: • Concrete/Stucco • Fertilizers • Detergents ■ Petroleum Based Products • Paints(enamel and latex) • Cleaning Solvents • Metal Studs • Wood • Asphaltic Concrete/Brick Pavers ■ Masonry Block I • Tar ■ Roofing Shingles/Tiles e �� ,�'�`vb fir.'. a. • .x ,. � J_- t .0,` K• xtiS 4 '.'� r _ s r Y -"' a j j t,4 v c: 7 y ::_ r,_K .. The following are the material management practices that will be used to reduce the risk of spill or other accidental exposure of materials and substances to storm water runoff. The following good housekeeping practices will be followed onsite during the construction project. • An effort will be made to store only enough material required for construction. • All materials stored onsite will be stored in a neat, orderly manner in the appropriate containers and, if possible, under a roof or other enclosure. I Products will be kept in their original containers with the original manufacturer's label. • Substances will not be mixed with one another unless recommended by the manufacturer. • Whenever possible, all of a product will be used up before disposing of a container. • Manufacturers' recommendations for proper use and disposal will be followed. • The Project Superintendent will inspect the site daily to ensure proper use and disposal of materials. • ,Y( ' These practices are used to reduce the risks associated with hazardous materials. • Products will be kept in original containers unless they are not re-sealable. • Original labels and material safety data will be retained; they contain important product information. • If surplus product must be disposed of, manufacturers or local and State recommended methods for proper disposal will be followed. � e E f ``£'' 4�n«.'•'N'.." ' a �4 fifi tY � �F 'e '�'ayt �,e rt•: .t, 3_. •afkatTINE The following product specific practices will be followed onsite: All onsite vehicles will be monitored for leaks and receive regular preventive maintenance to reduce the chance of leakage. Petroleum products will be stored in tightly sealed containers which are clearly labeled. Any asphalt substances used onsite will be applied according to the manufacturer's recommendations. Any Diesel storage drums will have a lined containment area around them to prevent fuel from ground contact. EXHIBIT 3 \\ Agenda Page#45 • n .;iia Fertilizers will be applied as recommended by the manufacturer. Once applied, fertilizer will be worked into the soil to limit exposure to storm water. Storage will be in a covered shed. The contents of any partially used bags of fertilizer will be transferred to a sealable plastic container to avoid spills. All containers will be tightly sealed and stored when not required for use. Excess paint will not be discharged to the storm sewer system. If disposal is required, it will be in accordance with the manufacturers' instructions or State and Local regulations. • Concrete trucks will be allowed to wash out or discharge surplus concrete or drum wash on the site at a predetermined location. The water will be detained to let the concrete settle prior to discharging into the surface water system. Any remaining concrete in the wash out area will be removed and disposed of properly once the wash out area is no longer required. •t w-fie �.., •O s p 4r. '>P :� .....» ,s 1.. .:,.r, Y. dw:�'s.... r1itt� ... � r� ' ir;z e_ In addition to the good housekeeping and material management practices discussed in the previous sections of the plan, the following practices will be followed for spill prevention and cleanup: • Manufacturers' recommended methods for spill clean up will be clearly posted and site personnel will be made aware of the procedures and the locations of the information and clean up supplies. • Materials and equipment necessary for spill clean up will be kept in the material storage area onsite. Equipment and materials will include but not be limited to brooms, dust pans, mops, rags, gloves,goggles, kitty litter, sand,sawdust, plastic and metal trash containers specifically for this purpose. • All spills will be cleaned up immediately after discovery. • The spill area will be kept well ventilated and personnel will wear appropriate protective clothing to prevent injury from contact with hazardous substances. ✓ Spills of toxic or hazardous material will be reported to the appropriate State of Local government agency, regardless of the size. • The spill prevention plan will be adjusted to include measures to prevent this type of spill from reoccurring as well as how to clean up the spill should one occur again. A description of the spill, what caused it, and the cleanup measures will also be included. ■ The Project Superintendent will also act in the capacity of spill prevention and cleanup coordinator. EXHIBIT 7; x1 08/26r2005 10:03 239-693-5560 PROTECTIVE BARRIERS PAGE 11213 Agenda Page#46 POLLUTION PREVENTION PLAN CERTIFICATION I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who mange the system,or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I a that there are nt penalties for submitting false infommation.including the possibility of fine and imprison 1 fo owing viol s. -1S'g flu Smith,Vice ent of Land Development Date Zo/Zpa m_ CONTRACTOR'S CERTIFICATION J I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associates with Construction activity from the construction site identified as part of this certification. Signature For Responstile for General Contractor Name and Title Date • Temporary and Permanent • Name and Title Stabilization Date Protective Barriers, Inc BMP and Site Inspections Name and Title P.O. Box 50695 Fort Myers,Fl 33912 Date EXHIBiTfY 0O/26f20e5 10: 03 239-693-5560 PROTECTIVE BARRIERS PAGE 12/13 Agenda Page#47 SWP3 Amendment log Site: All sites under NPDES monitoring by Protective Barriers, Inc. Address: various Owner: various NPDES Permit Number: various Project Start Date: various Date Amendment Reason Number January 20,2005 01-05 Sanitary Waste All portable units shall be placed a minimum of ten feet off of back of curb andlor any pavement. All portable units shall be placed a minimum of ten feet away from any storm inlets or structure. All sanitary waste will be collected from the portable units by a licensed sanitary waste management contractor in accordance with local regulation. All portable units shall be promptly removed from the site when no longer required for construction/on-site personnel. Amended by: T.J. Cannamela,President Date! January 20, 2005 I certify under penalty of law that I understand, and shall comply with, the terms and conditions of the State of Florida Generic Permit for Stormwater Discharge from Large and Small Construction Activities and this Stormwater Pollution Prevention Plan prepared there under." January 20, 2005 T. J.`Cannamela EXHIBIT % LI OS/26/2005 10:03 239-693-5560 PROTECTIVE BARRIERS PAGE 13/12 Agenda Page#48 SWP3 Amendment log Site: All LennarfUS Home Homebuilding Sites Address: Various Owner: LennariUS Home Corporation NPDES Permit Number: Various Project Start Date: Various Date Amendment Reason Number 7/1/05 05-01 Silt fence between homes under construction and completed home sites will be used for trash control only. The silt fence between homes under construction and completed home sites is Let intended for the purpose of erosion control. In the aforementioned instances only, the silt fence will be staked without trenching. Amended by: I ceritfy under penalty of law that I understand, and shall comply with, the terms and conditions of the State of Florida Generic Permit for Stormwater Discharge from Large and Small Construction Activities and this Stormwater Pollution Prevention Plan prepared there under.' July1,2005 Ronnie Searcy NPDES Compliance Manager Lennar/US Home Corporation EXHIBIT South Florida Water Management District Agenda Page#49 Work Schedule Requirements Application No : 050525-7 Page 1 of 1 Mitigation Plan ID: HERITAGE BAY a/4,4 4'Mlit: 2_ .+� r_ !7dd lw5-vr ..ostn , Pi0V z: +� SUBMITTAL OFRECORDED CONSERVATION EASEMENTS 14-MAR-2006 BASELINE MONITORING REPORT 14-MAR-2006 EXOTIC VEGETATION REMOVAL 14-MAR-2006 TIME ZERO MONITORING REPORT 14-MAR-2006 FIRST MONITORING REPORT 30-APR-2006 EXOTIC VEGETATION MAINTENANCE 30-NOV-2006 SECOND MONITORING REPORT 30-APR-2007 EXOTIC VEGETATION MAINTENANCE 30-NOV-2007 THIRD MONITORING REPORT 30-APR-2008 EXOTIC VEGETATION MAINTENANCE 30-NOV-2008 FOURTH MONITORING REPORT 30-APR-2009 EXOTIC VEGETATION MAINTENANCE 30-NOV-2009 FIFTH MONITORING REPORT 30-APR-2010 EXHIBITIf Exhibit No : 3 Agenda Page#50 STAFF REPORT DISTRIBUTION LIST HERITAGE BAY BASINS 1,3,6 AND 8 Application No: 050525-7 Permit No: 11-02234-P INTERNAL DISTRIBUTION EXTERNAL DISTRIBUTION X Catherine Hawkins-2261 X David Keith, E.I. -2261 X Permittee -Bayvest LIc X Edward Cronyn-2261 X Agent-Wilsonmiller Inc X William Foley, P.E. -2261 X C. Tears-2262 X ERC Engineering-2261 GOVERNMENT AGENCIES X ERC Environmental -2261 X Fort Myers Backup File-2261 X Collier County -Agricultural Agent .1 X Collier County Engineer Engineering Review Services X Permit File X Div of Recreation and Park - District 8 - FDEP X FDEP X Florida Fish&Wildlife Conservation Commission - Imperiled Species Mgmt Section OTHER INTERESTED PARTIES X Audubon of Florida -Charles Lee X Florida Wildlife Federation - Nancy Anne Payton X Leonore Reich X S.W.F.R.P.C. Marisa Barmby X Water Management Institute -Michael N. Vanatta Agenda Page#51 STAFF REPORT DISTRIBUTION LIST ADDRESSES Wilsonmiller Inc Bayvest Lie 3200 Bailey Lane 10481 Six Mile Cypress Pkwy Naples FL 34105 Fort Myers FL 33912 Collier County -Agricultural Agent Collier County Engineer Engineering Review Services 14700 Immokalee Road 3301 Tamiami Trail Naples FL 34120-1468 Naples FL 34112 Div of Recreation and Park -District 8 - FDEP FDEP 1843 South Tamiami Trail 2295 Victoria Avenue Osprey FL 34229 Fort Myers FL 33901 Florida Fish&Wildlife Conservation Commission - Imperiled Species Mgmt Section 620 South Meridian Street Tallahassee FL 32399-6000 Audubon of Florida -Charles Lee Florida Wildlife Federation -Nancy Anne Payton 1101 Audubon Way 2590 Golden Gate Parkway Maitland FL 32751 Suite 109 Naples FL 34105 Leonore Reich S.W.F.R.P.C. Marisa Barmby 6955 Carlisle Ct 1926 Victoria Avenue Apt 205 Fort Myers FL 33917 Naples FL 33963 Water Management Institute - Michael N. Vanatta Po Box 6446 Vero Beach FL 32961 Application No: 050525-7 Page 2 of 2 Agenda Page#53 From: Edwin Hubbard <Ehubbard@heritagebaycdd.com> Date:September 20,2021 at 2:30:05 PM EDT To: "Gonzalo Ayres (gonzalo.ayres@lakeandwetland.com)" <gonzalo.ayres@lakeandwetland.com> Cc:Justin Faircloth<Justin.Faircloth@inframark.com>, "Kevin Schaal(supt@golfheritagebay.com)" <supt@golfheritagebay.com>, Edwin Hubbard<Ehubbard@heritagebaycdd.com> Subject:Aqua range/lake 19 ongoing maintenance schedule Gonzalo After discussions with the Director of Golf and Common Grounds, Kevin Schaal,the plan is as follows;, "We plan to close the range on Thursdays from 12 to 1 for normal maintenance". Kevin has indicated this is to start in two weeks so my best guidance to you is to plan on starting your visitation on Thursday the 30th. Please coordinate your first visit with Kevin to ensure he is still planning on this schedule so you can have access without having to dodge flying golf balls. Kevin's number is 218-4165. I hope this provides ample time for your crews to maintain this lake free of littorals and IPW, etc. Thanks Gonzalo, Ed 248-4497 Agenda Page#55 Lake Management-Wetland&Preserve Maintenance *Lake & Wetland Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting killijiHmiZio MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE & INSPECTION REPORT v7-4--- Customer; 1424KW151. 4::), / Account#: / Date: 4""A .al 2/ Tec h n ic i a n: ,401#4 vr-C- ///21.71. Territory: .4^ Gqr- Weather Conditions: StiAly 0 LAKE MANAGEMENT IWALGAE CONTROL Lake(s) #: 17/.,,474, /6 /19 VRASSES&EMERGENTS Lake(s)#: BMERSED AQUATICS Lake(s) #: AA, // 21/5Fl:OATING PLANTS Lake(s)#: 3 INSPECTION Lake(s) #: 'tit„ 44t-yra-1 0 DEBRIS Lake(s) #: Water Test Results(Combined Average) Temperature of 0 HIGH 0 AVERAGE 0 LOW Dissolved Oxygen PPm 0 HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL 0 BASE Water Clarity 0 GOOD 0 FAIR 0 POOR ----- Water Level 0 HIGH 0 AVERAGE 0 LOW 0 LITTORAL SHELF SHELVES#: 0 SHORELINE GRASSES& EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS REf OVAL 0 FLOATING PLANTS 0 MANUAL REMOVAL 0 INVASIVE/EXOTIC SPECIES 0 INSPECTION 0 UPLAND/WETLAND PRESERVE PRESERVE(S) #: 0 INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS RENOVAL 0 GRASSES 0 MANUAL REMOVAL 0 VINES 0 INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S) #: 0 INSECTICIDE TREATMENT 0 INSPECTION Comments: I-4*-1W5 7e-r97r9 , , virourri c Ai lxi-51 134/404"go 5141-inotehoe4' i P---- 1.--17(444t/ 7 - 20 zi. ,e earl- ,aprve-/-5. FISH&WILDLIFE :OBSERVATIONSG FISH: 0 Bass 0 ream :: tfish Ocvass carp eililapia 0 Mosquitofish 0 Shitd BIRDS: 0 Raptor Duck 0 ood Stork fle.'", Shorebird (c)ipading bird 0 Songbird 0 Vulture REPTILES: 0 Alligator OSnake Turtle 0 Tortoise Lizard 0 AMPHISiANS C)INUCTS , INVASIVE I EXOTIC PLANTS NOTED ()Brazilian pepper 0 Melaleuca rnnywort OBischofia 0 Earleaf Acacia ()Australian pine 0Shoebutton °Sedge °Climbing Fern ()Air potato Torpedograss 0Azolla 0 Salvinia ()Downy rose myrtle°Java plum 0 Fl4ting Hearts °Lantana 0 Hydrilla OHygrophilia OWater Lettuce OWater hyacinth()Cattail °Primrose 0 Alligatorweed NATIVE PLANTS NOTED OCypress 0 W x Myrtle OFL Pine 0 Red Maple 0 Waterlily °Mangrove OPo d Apple 00a OCocoplum 0 ul C) rush Blue flag iris °Strangler fig 0 Arrowhead 0 Pi erelweed 0 alia 0 Pal s °Golden Canna Spikerush ruttonbush 0 Eelgrass 0 Cordgrass 0 ahatcheegrass Spatterdock 0 Fe s (2/ °Baby tears 0 Naiad hara °Duckweed 0 Bladderwor JPondweed °Slender spikerush OBa opa Other species noted/comments: www.lakeandwetland.com Rev 07/23/I Farn 0 3980 i Agenda Page#56 Lake Management-Wetland&Preserve Maintenance , *Lake & AA/etland Erosion Restoration-Mosquito&Midge Larvae Control Algae&Aquatic Weed Control -Native Planting twoullirliga. MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE & INSPECTION REPORT Customer: de-i-_,702. Fa-75 C- --- Account #: _Date:D_ 4--Da _ - e4 Technician: Territory: ..-e,d.epit.21- Weather Conditions: (2)4KE MANAGEMENT 0;8L-CAE CONTROL Lake(s) #: . OUVIGRASSES&EMERGENTS Lake(s)#: efeS___ ED SU MERSED AQUATICS Lake(s) #: . O OATING PLANTS Lake(s)#: INSPECTION Lake(s) #: 1 ( O DEBRIS Lake(s)#: Water Test Results(Combined Average) Temperature °F 0 HIGH 0 AVERAGE 0 LOW Dissolved Oxygen _ ppm 0 HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL 0 BASE • Water Clarity 0 GOOD 0 FAIR 0 POOR Water Level 0 HIGH 0 AVERAGE 0 LOW LITTORAL SHELF LVES #: Ee p.SHORE NE GRASSES&EMERGENTS CeS:.:;ICIDE TREATMENT aff 1NG PLANTS MANUAL REMOVAL VAS1VE /EXOTIC SPECIES ap • INSPECTION 0 DEBRIS REMOVAL i 0 UPLAND/WETLAND PRESERVE PRESERVE(S)#: _ . 0 INVASIVE/EXOTIC SPECIES El HERBICIDE TREATMENT 0 DEBRIS RE OVAL 0 GRASSES 0 MANUAL REMOVAL i 0 VINES 0 INSPECTION I 0 MOSQUITO I MIDGE LARVAE CONTROL LAKE(S)#: 0 INSECTICIDE TREATMENT 0 INSPECTION Comments:_ .... -1-/e& trJ 14-465---X--(2=--- fo,- 0 FISH&WILDLIFE OBSERVATIONS FISH: 0 Bass °Bream 0 Catfis — 0 Grass carp 0 Tilapia —0 Mosquitofish °Slkad -- BIRDS: 0 Raptor 0 Duck 0 d Stork 0 Shorebird 0Wlibird °Songbird 0 V' e REPTILES: 0 Alligator °Snake Turtle 0 Tortoise zard 0 AIVIPHIBIANS SECTS INVASIVE/EXOTIC PLANTS NOTEDpi<,---- °Brazilian pepper 0 Melaleuca OPe ywort OBischofia 0 Earleaf Acacia °Australian pine 0Shoebutton QS dge °Climbing Fern °Air potato orpedograss OAzoIla QSalvinia °Downy rose myrtle°Java plum °El ating Hearts °Lantana OHydrilla OHygrophilia OWater Lettuce ()Water hyacinth()Cattail °Primrose OA igatorweed NATIVE PLANTS NOTED °Cypress 0 Wax Mtt1e OFL Pine 0 Red Maple 0 Waterlily °Mangrove °Pond Apple 0 C)ok OCocoplum 0Bjtfsh OBlue flag iris °Strangler fig 0 Arrowhead OPickerelweed °Thalia 011ms °Golden Canna pikerush OButtonbush 0 Eelgrass 0 Cordgrass OFakahatcheegrass0Spatterdock 0 F rns °Baby tears 0 Naiad OChara 0 Duckweed 0 Bladderwort 0 Pondweed °Slender spikerush0 Bacopa Other species noted/comments: www.lakeandwetland.com '— .07/23 4 Fog rn#398D i r Agenda Page#57 Lake Management-Wetland&Preserve Maintenance *Lak W e & etland Erosion Restoration-Mosquito&Midge LarVae Control Algae&Aquatic Weed Control -Native Planting 4,......014111111:•10 MANAGEMENT Water Testing&Analysis-Fountains&Aerators SERVICE & INSPECTION REPORT Customer: /74-4-17)1-6r ely_r_s Account St- /i/75- Date: 014Z 42/ _......_ Technician. _ 1-1_4(422 _ 4/.4 TjFi rritory: Weather Conditions: $a467 1./4494/01/ 414-r-ArriaA 7vN, < °LAKE MANAGEMENT 0 ALGAE CONTROL Lake(s)#: t - 0 •'ASSES&EMERGENTS Lake(s)#: r SUBMERSED AQUATICS Lake(s)#: 249., /, 0 FLOATING PLANTS Lake(s)#: O INSPECTION Lake(s) #: 0 DEBRIS Lake(s) #: Water Test Results(Combined Average) Temperature __ °F 0 HIGH 0 AVERAGE 0 LOW Dissolved Oxygen .ppm 0 HIGH 0 AVERAGE 0 LOW pH reading 0 ACID 0 NEUTRAL 0 BASE . Water Clarity 0 GOOD 0 FAIR 0 POOR Water Level 0 HIGH 0 AVERAGE 0 LOW O LITTORAL SHELF SHELVES #: O SHORELINE GRASSES&EMERGENTS 0 HERBICIDE TREATMENT 0 DEBRIS RE OVAL 0 FLOATING PLANTS 0 MANUAL REMOVAL O INVASIVE /EXOTIC SPECIES 0 INSPECTION O UPLAND/WETLAND PRESERVE PRESERVE(S) #:_ 0 INVASIVE/EXOTIC SPECIES 0 HERBICIDE TREATMENT 0 DEBRIS REMOVAL 0 GRASSES 0 MANUAL REMOVAL 0 VINES 0 INSPECTION 0 MOSQUITO/MIDGE LARVAE CONTROL LAKE(S) #: OINSECTICIDE TREATMENT 0 INSPECTION Comments:_ it is ra-F•91F59 F-R. pdvA,(49wreD firP trtf e''' ',14-444/ 7 " 20 4•9".1 /, _ FISH&WILDLIFE OBSERVATION ciSp FISH: 0 Bass 0 eam 0 Catfish 0 - ass carp 0. rippa 0 Mosguitofish 0 Shed BIRDS: 0 Raptor Duck Cd yrid Stork Shorebird Ong bird °Songbird 0 VtAlture 0 REPTILES: Alligator ()Snake urtle 0 Tortoise itard 0 AMPHIBIANS 0 INSECTS INVASIVE/EXOTIC PLANTS NOTED °Brazilian pepper 0 Melaleuca OP nnywort OBischofia 0 Earleaf Acacia °Australian pine 0Shoebutton °Sedge ,27°Climbing Fern °Air potato orpedograss 0Azolla OSalvinia °Downy rose mynle°Java plum °Ft ating Hearts C)Lantana 0 Hydrilla OHygrophilia °Water Lettuce °Water hyacinth()Cattail °Primrose OAII gatorweed NATIVE PLANTS NOTED °Cypress Ow Myrtle OFL Pine 0 Red Maple 0 Waterlily °Mangrove °Pond Apple 00 k 0Cocoplurn 0iz Irush ax °Blue flag iris °Strangler fig °Arrowhead OPickerelweed °Thalia 0 Pa ms °Golden Canna(il Spikerush OButtonbush 0 Eelgrass 0 Cordgrass 09(ahatcheegrass0Spatterdock 0 Ferns °Baby tears 0 Naiad OChara °Duckweed 0 Bladderwort Pondweed 0 Slender spikerush 0 Bacopa Other species noted/comments: www.lakeandwetland.com Rev 07//3/101 Form r J98D Agenda Page#58 Lake &Wetland r ciriet j MANAGEMENT HERITAGE BAY CDD LAKES INSPECTION REPORT September 27, 2021 Mr. Justin Faircloth Heritage Bay Community Development District c/o Infra mark Management Services Justin.faircloth@inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Below are my observations noted on Friday, September 24th: Lake 1 - No issues Lake 2 - No issues Lake 3 - Minimal spatterdock Lake 4 - Minimal algae at littorals, plantings doing good, limnophilia and chara observed 1 , �.:4 tf.i - 2F ' Lake 5 - Minimal algae at lagoon, plantings flourishing, chara observed Lake 6 - Minimal algae at littorals, chara observed Agenda Page#59 • x ..,, 4 4 ' lrff 5F � i�,4y,.,• C .» c4 h i ) ': +` .400`.41 .° i" * , �►M -ram' Lake 7 - Minimal algae at littorals, red ludwigia observed Lake 8 - Minimal algae at littorals Lake 9 - Pondweed observed, minimal algae at littorals Lake 10 - Minimal algae at littorals Lake 11 - Minimal algae at littorals Lake 12 - Minimal algae at littorals Lake 13 - Minimal algae at littorals, plantings flourishing Lake 14 - Minimal algae at littorals Lake 15 - Some algae at littorals Agenda Page#60 Lake 16 - Algae spottedAr a 4.0 :. :.,., is. , " ✓ ''eTk spa,. • +Ft '% Lake 17 - Minimal algae at littorals Lake 18 - Minimal algae at littorals Lake 19 - Dead pondweed. Lake 20 - S cove, some algae spotted, recently treated N cove, minimal dead pondweed M rlitilaillirr- v -. a Agenda Page#61 Lake 21 - Minimal algae at littorals, chara at S cove observed Lake 22 - No issues Lake 23 - No issues Lake 24 - Minimal algae at littorals Lake 25 - No issues Lake 26 - No issues, plantings flourishing 3tt r • lok w.: 1 � y x� Lake 27 - Pondweed spotted at littorals Lake 28 - No issues noted Lake 29 Minimal algae at littorals Agenda Page#62 Lake 30A - Pondweed observed under bridge. 441 + VI Lake 30B - Dead pondweed at boat ramp, torpedo grass spotted at N shelf. Conclusion: Algae present behind littorals in most lakes, minimal at most, I observed a lot of grass clippings, it could be the cause for most algae. Cutting needed under bridge on 30A and 30B, will schedule it soon. Agenda Page#63 Lake &Wetland ____ }} MANAGEMENT HERITAGE BAY CDD LAKES INSPECTION REPORT October 22, 2021 Mr. Justin Faircloth Heritage Bay Community Development District c/o Inframark Management Services Justin.faircloth@inframark.com 5911 Country Lakes Drive (239) 245-7118 Office Fort Myers, Florida 33905 (239) 245-7120 Fax Below are my observations noted on Friday, October 22, 2021. Lake 1 - Minimal algae at littorals. Lake 2 - Minimal algae at littorals. Lake 3 - Minimal algae at littorals, minimal spatterdock. Healthy overall. Lake 4 - Algae at S cove, will advise tech,(pic) Submerged invasive all gone. jouNir t W z s'' a R� 1!6 f .., M ' w. i ►... • fir Lake 5 - Minimal algae at littorals, plantings growing Agenda Page#64 Lake 6 - Minimal algae at littorals. Lake 7 - Minimal algae at littorals, red ludwigia still present. Lake 8 - Minimal algae at littorals. Lake 9 - Algae at littorals, will advise tech. Lake 10 - Minimal algae at littorals. Lake 11 - No issues. Lake 12 - Algae at cove, nutrient overload. (pic) ' "ti<w, z •,xt �! . . .-.; .4.-- 1 nt (yp /f4. 'yj� ./:� ,.. ;!,,, .. /w7,4, w 1-f A l y •• f} `'j,'f '"' t•}It A i )R NY.. '' • Lake 13 - No issues. Lake 14 - Minimal algae at littorals. Lake 15 - No issues. Lake 16 - Minimal algae at littorals, dead pondweed observed. Lake 17 - Minimal algae at littorals Lake 18 - Algae at littorals. Lake 19 - Minimal algae. Agenda Page#65 Lake 20 - S Side: Minimal algae at littorals, dead pondweed observed. Emerging chara, will advise tech. N Side: Dead pondweed, recently treated, ,.,,„ . ; * .I.:".7.414 .' '• , - 4,4. ...., • .,10.'' •-•' ,, ai.. ' , '''..."1. ../ —; , „."„t, ',".1"1,Afti't• . 7:41 , 4... .. .. ,..,, ., ,, 61- • ' Ifg' - • - 4.--„gt , 1, • /t:tet, ‘.. tkv,...t. .. ...,, . ,.. .!. , , . " - :. 'z. ti-"o• 40-- • `,\‘'!3/44-...1?"'"?*. 0- 'r - - .t •.`v . (.,„..,',4.1.-,, ‘ • . . ,„,,, ,,...s., -;iir---.4..-.--col.,,,.,,,, • ...i.• , ...., 14. ,„ „n '" Li. ',,t1'•' '''' S ..' k.' . `":'4'tk. ' 1\11 ,,' -.•;4141;41/4,,,l'. Ill:* .._'i' 1.N:•'''''': ,,„..+ . • ,‘ 't„.4••,,, .",‘ ,''. ' • v-c i 1:''.: ' 1 '' — t•, tlt .'').'' ., .' ., '... . ' : .1..,,. '''Osth 4;41ol'it:."-44,,'•'''': ,i-t. ''' . * "4,*?' '' ' t,'‘'''t.:4' •4 ,"'I'' '' ...—7"; ' 4. . • '"' i't ..t;t ih. Lake 21 - Algae at cove (pic) .., .v. ,41#1 ., ,.. . , ' Agenda Page#66 Lake 22 - No issues. Lake 23 - No issues. Lake 24 - No issues. Lake 25 - No issues. Lake 26 - Minimal algae at littorals. Lake 27 - No issues. Lake 28 - No issues. Lake 29 - No issues. Lake 30A - Pondweed at cove. Lake 30B - Minimal pondweed at boat launch. Pondweed under bridge. 66 ` y Conclussion: Pondweed needs to be harvested in both 30A and 308, I do know Gonzalo is scheduling the truxor soon. Overall community looks great, after a very rainy season a lot of the littoral plantings from previous years have flourished significantly. *This is the last report you'll get from me as I'm transitioning into a new job, it's been a pleasure to work with everyone at Heritage Bay. Agenda Page#69 7/1/2021 CDD Meeting UPDATED 9/2/2021 Meeting/UPDATED 11/4/21 MEETING SUMMER 2022-POTENTIAL LANK BANK RESTORATION FOR CONSIDERATION Assumption: - no major storms and/or lake bank damage summer 2021 -fund balance remains strong -opportunity to start to tackle some of the projects we have been putting off; typically yellow projects ->11/4/21-Recommendations based on updated estimates provided by Copeland Southern: NOTE: Copeland Southern updated quotes (10/7)contained in this summary-costs increased due to the rising cost and unavailability of ADS piping on some of the projects identified below. Repair the geo-tube areas on lakes 4, 10 and 20 ->lake banks are starting to show severe drop offs/vertical erosion, in addition to some washouts from SFH's, causing potential safety issues -Lake 4: 280' at$14,375 REVISED 7/10/21 TO$20,875/REVISED 10/7 TO$21,575 (includes installing ADS drainage while repairing lake bank at CDD cost. Tie ADS pipes into existing terrace 7 single wall pipe drainage.)** -Lake 10: 260' at$11,975 (NO CHANGE) -Lake 20: 510'at$21,975 and 415' at$17,975 (NO CHANGE) Total Cost: $66,300 REVISED$72,800/ REVISED 10/7$73,500 **Approach terrace 7 and see if they wish to install new drainage to tie into our new lines. Cost at Association expense. • Repairs of some non-geo-tube areas -Lake 4: 200' at$10,275 Completes the entire lake bank of lake 4 from the bridge to cypress 13 to the east corner. NOTE: portion of south bank at east end repaired summer 2019. Lake bank showing signs of step erosion. - REVISED 7/10/21 TO$16,875/REVISED 10/7$17,675(includes installing ADS drainage while repairing lake bank at CDD cost. Tie ADS pipes into existing terrace 7 single wall drainage.)** -Lake 20: 36" RCP at$11,575(NO CHANGE) -Restore area around 36" RCP at southwest end of lake 20 lagoon area Total Cost: $21,850 REVISED$28,450/REVISED 10/7 $29,250 ($17,675+$11,575) **Approach terrace 7 and see if they wish to install new drainage to tie into our new lines. Cost at Association expense. Summer 2022 Potential Lake Bank Restoration Projects.docx Agenda Page#70 • Lakes requiring some "spot repairs". Basically minor but requiring attention ->Reflects increased costs due to ADS piping -Lake 4: extend 4"ADS pipe 40' -Lake 6: new large catch basin -Lake 20: repair damaged 8"ADS pipe ->ADDITIONAL PROJECT: Lake 5 SW corner by 16 green cart path in area previously repaired by CDD. Copeland recommends replacing existing drain grate on cart path with a 1"steel galvanized grate to avoid debris from building up on the existing drain and causing washout on lake bank 10/7 QUOTE:$95 Total Cost: $4,975 REVISED 10/7$5,970 ($5,875+$95) • Single Family Homes-installation of drainage from homes into the lakes -Justin and Ed reviewed lakes 10 and 20 for potential lake bank repairs due to significant washout damage caused by lack of proper drainage-we will want to review this again as the water levels drop ->homes requiring installation of drainage (at CDD expense): A PURE ESTIMATE AT THIS TIME. -> RECOMMENDING A MAXIMUM OF 15 REPAIRS AS DETERMINED BYJUSTIN AND ED AT TIME OF CSEI WORK. -Gator Bay Court: 13 -HBB: 2 ->Copeland estimated costs per home(quote dated 05/2021) is approximately$2,725 per side of home// -11 homes at$2,725= $29,975 ->REVISED CSEI QUOTE 10/7 APPROXIMATELY$3,193 PER HOME -Total Cost: 15 HOMES AT$3,193=$47,895 • Summary: Recommendations for Supervisors to consider and approve 11/4 scheduled: -Geo-tubes $667300 REVISED$72,800(7/10/21)/REVISED 10/7$73,500 -Lake bank restoration: $10,275 REVISED$16,875 (7/10/21)/REVISED 10/7$17,675 -36" RCP: $11,575 -"Spot repairs: $41,975 REVISED 10/7$5,970 -SFH's drainage: $29,975 REVISED 10/7$47,895 Total: $12te0 REVISED$136,200 (7/10/21)/ REVISED 10/7: $156,615 $156,615 +27%Increase ->NOTE: Copeland quotes also identify areas on lake 10 and 20 requiring some work (non-geo-tube) but work can be put off until the lake bank requires attention-i.e.perform repairs as needed unless BOS desires to tackle in 2022 -Lake 10: 1250' at $51,775 -Lake 20: 240' at $9,775 $61,550 (PRICES STILL GOOD AS OF 10/7/21) Summer 2022 Potential Lake Bank Restoration Projects.docx Agenda Page#71 • Lakes repair budget-2021: $81,816 Does not include$30,750 received from the UA -Actual projected expense: $61,857 or$2,638 received from FEMA -Net: $19,959 ->FUNDS AVAILABLE: $53,347** **$19,959+$30,750+$2,638 =$53,347 ->COMPLETION OF LAKE 19 REPAIRS-PINE PRACTICE GREEN : -complete in conjunction with Club work $34,875 PHASE III** -2021 BALANCE: $18,472 ($53,347-$34,875) **APPROVED AT 9/2/21 MEETING • Lake repair budget-2022: $81,816 -Note: UA funds +$30,750 (assumes$30,750 received 2022) $112,566 +$18,472 FAVORABLE BALANCE FROM 2021: $19,229 $131,038 ->TOTAL OF ABOVE IDENTIFIED PROJECTS: $156,615 =EXPENDITURE OF$25,577 OVER 2022 FUNDING AVAILABLE ($156,615-$131,038) ->Projected fund balance in 2022 budget: $754,415** (NOTE: OUR 15TJUNE BUDGET REVIEW FORECAST) -Reserves-Lakes Maintenance: $218,750 -Total Unassigned: $416,742 (NOTE: $550,051 UNASSIGNED AUGUST'21 FORECAST) 4 AUGUST ACTUALS: PROJECTED FUND BALANCE: $842,629 Summer 2022 Potential Lake Bank Restoration Projects.docx Agenda Page#72 DATE: 10/07/2021 Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers,Fl,33903 OWNER INFORMATION: -- ------------------------------------------------ PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faircloth(clstservices.com, OWNER INFORMATION: PROJECT MANAGER:Scott Copeland copelandseaaoLcom OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,Assistant District Manager Time&Materials based upon the Rate Schedule in effect at PROJECT NAME:Heritage Bay 2022 Lake Bank Restoration Project. the time service is rendered. Estimated Fees: $ WORK DESCRIPTION: Re-grade slope, Install High Flow Fabric 6" to 12" Rip Rap on SW Not-To-Exceed Fixed Fee based upon the Rate Schedule in Corner of Lake 20,With Lake Bank and Geo Tube Lake Bank Restoration for Lakes 20,10,&4. effect at the time service is rendered: $ REMARKS: 1)All guest and golfers will need to be notified by the board,of the repair done on Lump Sum Fixed Fee: $ .00 the Lakes to stay clear of the repair areas and equipment during the project. 2)All Sprinkler heads and lines within the work area must be clearly marked before restoration begins 3)CSEI Total Fees: $ .00 will call in a dig ticket 72 hours before work can start to allow utility companies time to mark the underground utilities within the work areas. 4)CSEI will need a staging area on site to store Price of Proposal will he based on selected options below. equipment and supplies during the project.5)Crews will set up MOT around work areas to help insure the safety of the residents and guests during the project.6)If any permits are needed for this project it is the Engineers Responsibility to pull those permits before work commences. Dear Justin Faircloth In Pursuant to your request,Copeland Southern Enterprises,Inc.is pleased to submit the following proposal for the Erosion repair for Lakes 20, 10&4 for the above- referenced project: SCOPE OF SERVICES(Limited to the following pages): Price of Proposal will be based on selected options below. 0 Option 1,Pg.2,Lake#20, Crews will Re-cut slope and install HFF with 6 to 12 Inch Rip Rap installed around Concrete Culvert Flared End Section out 20 ft.from top and 25 feet Wide as seen in detail below $11,575.00 0 Option 2,Pg.3, Lake#20,525 ft.Recover Material from Pond Floor,Back Fill Compact,Install Coconut Erosion Blanket,Sod ..$21,775.00 0 Option 3,Pg.3&4,Lake#20,510 Feet of Slope and Geo Tube Repair with Coconut Erosion Blanket,and Sod, $21,975.00 Option 4,Pg.3&4,Lake#20, 240 ft.Recover Material from Pond Floor,Back Fill Compact,Install Coconut Erosion Blanket,Sod $9,775.00 0 Option 5,Pg.3&4,Lake#20,415 Feet of Slope and Geo Tube Repair with Coconut Erosion Blanket,and Sod, .$17,975.00 0 Option 6,Pg.5&6,Lake#10,260 Feet of Slope and Geo Tube Repair with Coconut Erosion Blanket,and Sod, $11,975.00 OOption 7,Pg.5&6,Lake#10,1250 ft.Recover Material from Pond Floor,Back Fill Compact,Install Coconut Erosion Blanket,Sod $51,775.00 0 Option 8,Pg.7,Lake#4,280 Feet of Slope and Geo Tube Repair with Coconut Erosion Blanket,and Sod, $21,575.00 0 Option 9,Pg.7,Lake#4, 200 ft.Recover Material from Pond Floor,Back Fill Compact,Install Coconut Erosion Blanket,Sod $17,675.00 Note:Any additional work and services requested,and is not found in this Proposal can be done,but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile# 239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: Typed Name&Title: 1 Agenda Page#73 i Option 1,Lake#20,Cut out and re-grade Lake Bank around culvert,Install HFF,with 6 to 12"Rip Rap,Cost$ 11,575.00 1. Crews Excavator to cut out the slope and re-grade slope to receive High Flow Fabric and anchor with 6"pins to slope. 2. Crews an area of 20 x 25 will then receive 6 to 12"Rip Rap 1 foot deep. 3. Work is estimated to take 3 days to complete / y t 4 ::- I i ) ' .: •,-- `"~ �.2 * /. err ' ' ,/^r./ ow.i �,/ f 1 ' /�_ �.,' ,/ im% ��- . it . , .,. , . . . , 16.1 • f, _ , I.. ; y•• \, . •,.,. , . .. :::,› ; ,...":. . ii„.100 4,or ,. ,•,„.4, ' Vo ).. _. RIP-RAF SHORELINE PROTECTION ':'{ 4 I I 1.5 I I I I I I LA I I I filik.1 IM.II I.Li I I I Pi I I I.l'411111 -' ---- ---- r NORMAL LAKE ELEVATION - ,`��I I j 111 --'—' f'1 ti � i - � MEAN LOW WATER LINE iv-... „ _��—�� 11 j1 1 FOOT DEPTH MINIMUM 11311111111,)!L f7lsx' _�_ Ill FEET IMMINI TOE IN END OF STONE p 1 2 2 Agenda Page#74 Exhibit:Lake 20 Work Areas and Limits of Job % ,irf.o;ti rri .•..... 111!.C..* _ f *‘ I Option 5 415 ft .,.. .....irr- ,_ • ., t • 'if N. 1 t ,,„ ; ,,,,.. jt, ' ' . Feet of Geo Tube lilt 1—'ks. „,,, -44% "' •-"Af 400.**If'14, x.k - so. .•,.. . .. . 0 ktfp t IP". - , ''.4., • , , oPP` • ) i 400, 01*,••••,' s, , •" •4 • , 1410 4 • . , - , v* " , , .........."). ,e, A( II)',, , : A44".11("114.4 0 Feet of Lake Bank . v.............4- 4- _ .„.s.' Option 4, 240ft . ik •-i. • ,,,:,.. i - a 1 * St- '''''' * . 1:.•.-1 r.' 4:, x. . Pc' e , ..A if44 VIINItiriff , I I Feet of Geo Tube ..-. ttpt, 14,„ 460 i 0: 0 „A .4 ‘ . 'Option 3, 510 ft 0 4 ..,.. 4 VP°. ..- . f/4 10410414=0,12.• ,.. , 4 z,,% 8 -4 /401.,'. • 1, rP - 2 .. .. .. - 1- s e ' ..,, iittsk ,;,,. 40.,000•20"; -4, N c . ' k ..4,. ., ' - larrer."514‘.-7: %.f',401•011"41i. ''''-,1 A .., ,P` i '`";i 1 • „0`;:'I 400410p,oblaroVel0 ' I e 'N1 , • `0,4101.11°""Li. I .4, otai Bank Restoration r 1.690 hist ,t4 z...,-,. tr" . ,-s , . .• . r • I 4 ., ,. t7, 41 0 231 / dli 1 ! f t, Option 2, 525 ft 111 'MO r 1-" 1%'t 'c,- Ity;„'- ,„: 11%,..t.; • t , ...rou' , ' .... • Lake Bank Bet .. .. . k 06 , "• 3 Agenda Page#75 Option 2,Lake#20,525 ft.Recover Material from Pond Floor,Back Fill Compact,Install Coconut Erosion Blanket,Sod $21,775.00 1. Crews will cut the rough sod line straight and install Coconut Erosion Blanket Trenched in 1 foot deep&pin to ground. 2. Crews will recover Materiel from Lake Bottom&back fill Lake Slope to complete the 4 or 6:1 slopes with in the work area. 3. Crews will lay matching sod down to the control line and water for 2 weeks to ensure proper rooting takes place. Option 3,Lake#20,510 Feet of Slope and Geo Tube Repair with Coconut Erosion Blanket,and Sod, $21,975.00 1. Crews will cut the rough sod line straight from in front of and behind the damaged GEO Tube Areas and install Coconut Erosion Blanket Trenched in 1 foot deep&Layered in highly eroded areas and pin to ground with 6 inch pins. 2. Crews will recover Materiel from Lake Bottom&back fill Lake Slope to complete the 4 or 6:1 slopes with in the work area. 3. Crews will lay matching sod down to the control line and water for 2 weeks to ensure proper rooting takes place. ....w Option#4,Lake#20, 240 ft.Recover Material from Pond Floor,Back Fill Compact,Install Coconut Erosion Blanket,Sod....$9,775.00 1. Crews will cut the rough sod line straight and install Coconut Erosion Blanket Trenched in 1 foot deep&pin to ground. 2. Crews will recover Materiel from Lake Bottom&back fill Lake Slope to complete the 4 or 6:1 slopes with in the work area. 3. Crews will lay matching sod down to the control line and water for 2 weeks to ensure proper rooting takes place. r Option 5,Lake#20,415 Feet of Slope and Geo Tube Repair with Coconut Erosion Blanket,and Sod, $ 17,975.00 t....J 1. Crews will cut the rough sod line straight from in front of and behind the damaged GEO Tube Areas and install Coconut Erosion Blanket Trenched in 1 foot deep&Layered in highly eroded areas and pin to ground with 6 inch pins. 2. Crews will recover Materiel from Lake Bottom&back fill Lake Slope to complete the 4 or 6:1 slopes with in the work area. 3. Crews will lay matching sod down to the control line and water for 2 weeks to ensure proper rooting takes place. --- 4 Agenda Page#76 Exhibit: Lake 10 Work Areas and Limits of Job _ 1 A 4- f a., k r. 'Q(J; , ..r�, i i J at la:as-' , ".1 Q393 it) h. i '"a_ "1..0 39 ? e t t.. 454Q3 Co + ) • ( i, - ' .9 • .. ` . •4 2 3 'ik # . It .'""'"... .. 1'a 131 c , , -. • r 9 w. 43 1 k 1 CJ4^51 r. `-� r .t. Ni. • fir^« '...-'''',1 '-',..i it ''' y " ',. '4.-te. ...,, , - -......-,..L._....-.---,,...- . ( ., r :-• ., ' t 41 ___ __ _--,...s. . ''' ' -it...igike_ SL) Air ii „w= .eq. !'ice, _ y �+n 1 5 Agenda Page#77 Option 6,Lake#10,260 Feet of Slope and Geo Tube Repair with Coconut Erosion Blanket,and Sod, $ 11,975.00 1. Crews will cut the rough sod line straight from in front of and behind the damaged GEO Tube Areas and install Coconut Erosion Blanket Trenched in 1 foot deep&Layered in highly eroded areas and pin to ground with 6 inch pins. 2. Crews will recover Materiel from Lake Bottom&back fill Lake Slope to complete the 4 or 6:1 slopes with in the work area. 3. Crews will lay matching sod down to the control line and water for 2 weeks to ensure proper rooting takes place. LiOption#7,Lake#10, 1,250 ft.Recover Material from Pond Floor,Back Fill Compact,Install Coconut Erosion Blanket,Sod....$51,775.00 1. Crews will cut the rough sod line straight and install Coconut Erosion Blanket Trenched in 1 foot deep&pin to ground. 2. Crews will recover Materiel from Lake Bottom&back fill Lake Slope to complete the 4 or 6:1 slopes with in the work area. 3. Crews will lay matching sod down to the control line and water for 2 weeks to ensure proper rooting takes place. 6 Agenda Page#78 Exhibit: Lake 4 Work Areas and Limits of Job Opbort 8.280 ft `'i:;,,:„'r".`'Lu-: A ?30 feet cf Geo Tube 200 Not Ulm 8 RestozWon ' ".ter..__..._._ \ ty - ''' I, ‘\ _ , { _ _ — :'mil `,:ss,r 0e ", 4,10414 / / :4?. _ / / ; ::,•,•lik.i"%, . / _, .4_—-.H-.1 1 - -fA.,.. /i--l-i_t,// ` ..1-1.4(4—.. l`/ . ," ' V` ✓�1 i " / '�i.*,w /, •not 1 / /" -- 1• / e ,k. I r `f 1k � R Option 8,Lake#4,280 Feet of Slope and Geo Tube Repair with Coconut Erosion Blanket,Sod,4"ADS Drains $21,575.00 1. Crews will install 4"DW ADS w/ 12"Catch Basin From the back of the LME&run out into Lake 4,20ft&anchored. 2. Crews will cut the rough sod line straight from in front of and behind the damaged GEO Tube Areas and install Coconut Erosion Blanket Trenched in 1 foot deep&Layered in highly eroded areas and pin to ground with 6 inch pins. 3. Crews will recover Materiel from Lake Bottom&back fill Lake Slope to complete the 4 or 6:1 slopes with in the work area. 4. Crews will lay matching sod down to the control line and water for 2 weeks to ensure proper rooting takes place. Option#9,Lake#4,200 ft.Back Fill&Compact,Install Coconut Erosion Blanket,Sod,4"ADS Drains $ 17,675.00 1. Crews will install 4"DW ADS w/ 12"Catch Basin From the back of the LME&run out into Lake 4,20ft&anchored. 2. Crews will cut the rough sod line straight and install Coconut Erosion Blanket Trenched in 1 foot deep&pin to ground. 3. Crews will recover Materiel from Lake Bottom&back fill Lake Slope to complete the 4 or 6:1 slopes with in the work area. 4. Crews will lay matching sod down to the control line and water for 2 weeks to ensure proper rooting takes place. Agenda Page#79 NW Lake 10 Drainage from rear Gutters Down Spout out into Lake 10. r .-- 00.1 , �, , ° .rr— • =A. Y + 1•/ ... •x 3 lir ...,. C , ,1. . • ''1 ' t: , . ,J _< r 3,250. ...4 . 1 ..._. ... iii. .5,... r,-. , .... 1• •F r a '``R/ �ti ';a `h $ 3.054.40 j is 3,050.00 , , . ,. 7— A' 3,250 .. $ 3,15• f,. ri- �., ..t54.00 'x ~l A, 4 .6+ ..• . G 3150• 1 .. y � > .$ 3.05" v. . .. • , 0 • �,-r-/ ��*, ti� • .. • • I _ 3.0 1 % 1; ro ter.._ �,� ;. • i ir- Re ALAI Agenda Page#80 SW Lake 10 Drainage from rear Gutters Down Spout out into Lake 10. 74,t.,,..•,006/01."- .......4.:4\ . .C104 1 $41,19 • ,,,,.- - : s . • ::.'.‘ ,-'....'" • .41 ''',,e,,,' . 1 i :•..t • '..-) , .,.,,ittia• ' . cl, s' ' 3'25411-;- . ,. •-.5:,,,f: g, -....,• le \l •....„ .... .. .. . ,. 0. '''':.r.7 i,''. ..$ ' - —.•11'. , .. '' ' , . .. t . ' - ' 31700.00 a • \ 4, $ 3 700 00 _P,r....,[.'..:,- -y., „,, \ • ...- iiIiIiIIIIIIIIIUIN" _,.. .-,- f•. I • 1.,, , ''.' . .,,, . •"' loot.aigoorsiiiii itzionl .14('---•' kii' ,, • •i.-aernewitdoor: .. , - . _.• '.41- .' $ 3 250.00.ti .:..,. . , „ -, .i.,.- - —t•"-- _ * T: - - • —, ,. .,, . . .. .., . Alitallalar . a E • 3 96(1 On 1... .. . - - 4:. . '--,,-, • . '.* 'L.:.--, • '' sJi' . „„ .., •.f • i 6,L,r '.:... '''''''.- :P .I.......a. „ ,••••• ., • ' IP . .. . VIt?W' ..,,........ ,, ' .7.1";e ' '' — •.. '. ' 044- - ;... ..-• --.4 3,250 Ai • , Ay ---tisibilimmft.__•.. . .P, 1,..: —mom , • ,.. . . , - . , -.. : t: --_ '7"- ,,. ..• •1.10., ' '. '41 AP", Q ,.... - 3050.00 '.• ... -,W ., 1 f"' - - fl -‘•--,- 1 e. , , -• •,,1 ,)455 - 3,050.0" , -...: , ,,..... • . ,_.. . . _ .. ., , ,. _. . . --'''• ----- ' A ' -- - --- . . -- -.' 1 *4"..)'J , . .. _ - ..,• . _ . r!.. • ; I' . ..: • .' ...iiia i • s, 30 ' • ,,nt - . 3 3 C. .. . .... ... .. ' • 3 150° . , . L ,f*L. •- . : 1.1„ .= ..--.` •'" - -' - '''• ' s -'' 111111110111011/64' • ' • '-.1 11 .C1 ... . .. 3,050.00 ::F.aak .Iii A ....... .... .- - - * . • 1-„,,',''. ..t* ..- .., ,,,. • ... , - • i 1 • • .• - ' flr'' t: 7 3 050 00 „._..,r, . - • ' - V I . . r-.1 4*# . , .• . • _ I ''- • ..'.. .. ''. tt , ,I 047":.,,_ -• '44.7 a. 1.44- a ": .4 - • ..,.. ,..., - - --. ' . : . `,.• ... ' Agenda Page#81 NE End of Gator Bay Court Drainage from rear Gutters Down Spout out into Lake 20. ..N „, • 3.400.00 . #� x 3,500.00 • • - 3,150.00 • % l ► ; �w . 3,�.OQ ��"�;'.6. 2 - 3,500.00 • J -. e f,• fir •;'` �.'c; tiles (i, Aiszinsritlat. L.0 ... . ' 3,600.00 t �: y .' 3,700.00 Agenda Page#82 E End of Gator Bay Court Drainage from rear Gutters Down Spout out into Lake 20. it '4 f — i" ''w •o� : 3,25000, . '. r61. r . - _ / 3,150 00 Y / Y 1 * ,r M it f '4% ,�,,', 2 3,050.00 • r..,ti t �...•-�3 150 00 .41 , \ - Irk ' , V L0 x 3,150.00 ...1_ _. %'T �_`(yam-51.,.i� , e�';' • - . - " ,'�» • ..::..........,,/ , ;.'+ 0 � ! a . li>... S , 3,400.00 . 7 iv .;tj'0` Is C. , • O, . i—_ /- :l` ''�� ,�...a...4 3.700.00 itl r40.00.-- , • rn _ iliA M �� `•� �,.. , s.-'' t . ''''''''',,iA.Ar.1.• ..'s... ` `-• ��' — ` 1 r '*Or ' i 1. Agenda Page#83 S End of Gator Bay Court Drainage from rear Gutters Down Spout out into Lake 20. : , 1 ,,,i., ,_1..4,t, 7 ,r, ;..4......:434 /, 1,41.• .. „..c.7, ,;( ;.... ii.:,..,,:oi,_ ,. ..", 1 i.,,,3,.11,,,..:.., ; : 5 00 A , .. ,� f - 1 _ --.-�R 3.d0o 00 I i I • I. . / .. ]. - - , t . / / • \al / // ii '.. ' • , re:. 1 ..... t . .. ., ,,,,.. 1 1,,, ,,./,.../' j ... :• „. ,- , t jr .y_• 17, 2,100.00 • r- 7°1 !r ,N .. , ' , + �1 4 , -OIyrig r-t'; ` 11 lii C1 C•7 '>` 5 3 1'50 00 S 3 1043 00 =' 0 00 3,175.00 3 175.00 3,1 T5.00 4' Agenda Page#84 DATE: 10/07/2021 Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers,Fl, 33903 _ OWNER INFORMATION: -------------------- PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faircloth@inframark.com OWNER INFORMATION: PROJECT MANAGER:Scott Copeland c ope landse i(a,ao I.com OWNER'S ADDRESS: 10154 Heritage Bay Blvd.,Naples,FL. 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,District Manager Time&Materials based upon the Rate Schedule in effect at the time service is rendered. Estimated Fees: PROJECT NAME:Lake 4,6&20 Drain&Lake Bank Spot Repair. $ WORK DESCRIPTION: Crews will repair and install new 4,6&8"DW ADS Drains Not-To-Exceed Fixed Fee based upon the Rate on Lakes 4,6&20 with some slope repairs with Coconut Erosion Blanket&Sod. Schedule in effect at the time service is rendered: REMARKS: 1)All Golfers,Guest and Residents will need to be notified by the Owners, of the repairs being done and to stay clear of the repair area and cart path where Lump Sum Fixed Fee: $ 5,875.00 equipment is working during the project. 2) All Sprinkler heads within the work area must be clearly marked before Erosion repair starts.3)Crews will need a staging area on Total Fees: $ 5,875.00 site for supplies and equipment during the project. 4) CSEI will call in a dig ticket 72 hours before work can start to allow utility companies time to mark the underground utilities within the work areas. Dear Justin, In Pursuant to your request, Copeland Southern Enterprises,Inc. is pleased to submit the following proposal for the repair of the Slope and broken drains of Lakes 4,6&20 for the above-referenced project: SCOPE OF SERVICES(Limited to the following): 1. Crews will dig back into the bank of Lake 4 behind Building 10329 HBB to connect on to the existing 4"SW ADS pipe and extend out with 4"ADS DW Pipe 40 feet out into Lake 4 and anchor with 4 foot steel anchor 1.5 ft.below seasonal low water line. 2. Lake 6, Crews will dig out the damage 4"single walled ADS pipe at the East end of the Lake 6 and install a new large Grated Catch Basin X box with 6 inch DW ADS Pipe ran out&anchored with 4 foot anchors 1.5 ft.below SLW,crews will install 4"high"C"berm around the lake side of the catch basin and remove damaged Rip Rap&repair Lake Bank with Coconut Erosion Blanket and Sod. 3. Lake 20, Crews will repair the cut off 8"DW ADS Pipe on the West Side of Lake 20 just North of the Flared End Section as seen in exhibit below crews will repair and extend the 8"Pipe up to 45 feet out into Lake 20 and Anchor 1.5 ft.below SLW. 4. Work is estimated to take 3 days to complete. Note:Any additional work and services requested,and is not found in this Proposal can be done,but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: Typed Name&Title: Agenda Page#85 Exhibit:Work Area Lake 411016..(7 xten0 4"�$,W With DIN ADS P,Qe 40 ?net ' a° _ „ alF► 132 Ceuta*e Ba Si, _ -, � _. ' i I; temiiii: -*rt. , 1 . ,,/ / , / atiliki-1 /-.' :, '',;•P .-:••• r ': 1 - ' . •-wi : .• .?.••• Exhibit:Work Area Lake 6. ' }� ,� .� r lily • � ., -1-ve, - ?:,-.: • - 4----I / eil7Pe.' y rN r .� • is- •'';�y pe834 17446+ ti ,a 'li d i•*: ♦411.,,I, !6 '' r OW ADS&14'Large C v!�s IV • A� , P L��r,r .` f J .• ` Agenda Page#86 Exhibit:Work Area Lake 20. ,„,,s,;',i' ilk . • .. , T'''.'A. 11. .."...... "."".".,.'r•''' ' ' 4tt 4, .' '. 1 4471P I . 1 I . . , 1.* -r , • ' . . a,' •... Isar ,,.1,.., ..14f4f, 2 l! ' - .5*/,,,` • - Oft R*Szilit 4 Extend eS tt &Anchor , ..' I 4...,•1 'b' ,4., , ‘•..4 ., 1 • • Is ,• •-• . ' I ,•,'- . r 'r OVian PIpp Mod P'. '• ••• • - . , gil 1, t , . ; • . . I.. 6 4 i , Agenda Page#87 DATE: 10/03/2021 Copeland Southern Enterprises,Inc. 1668 Many Road North Fort Myers,Fl, 33903 OWNER INFORMATION: PROFESSIONAL SERVICES AGREEMENT BETWEEN COPELAND SOUTHERN ENTERPRISES,INC.AND TELEPHONE NO.: (239)245-7118/306 Fax No: (239)245-7120 Heritage Bay Community Development District in Naples E-MAIL:Justin.Faircloth(cr�,inframark.com OWNER INFORMATION: PROJECT MANAGER:Scott Copeland copelandsei@aol.com OWNER'S ADDRESS: 10154 Heritage Bay Blvd,Naples,FL 34120 FEE AND TYPE: BILL TO THE ATTENTION OF:Justin Faircloth,District Manager Time&Materials based upon the Rate Schedule in effect at the time service is rendered. Estimated Fees: $ PROJECT NAME:Lake 5 Inlet Concrete Slab or Rip Rap or Grate Change. WORK DESCRIPTION:Option 1:Cut out a 3 x 6 foot area around existing 12"Catch Basin and pour a 4"thick by 3'x 6'Concrete Slab around Catch Basin with a Lite Broom Option 2:Dig out existing Drainage system&re-set at deeper elevation,install High Flow Fabric Check Following options for task to be performed. with 3 to 6 inch Rip Rap.Option 3:Install Larger Grate to allow Debris to enter system Concrete Slab Fixed Fee: $ 4,575.00 REMARKS:1)All Residents and guest will need to be notified by the board,of the repair done on the Lake 5,to stay clear of the repair areas and equipment during the project.2)All Sprinkler 6'x 7 Ft.Rip Rap Fixed Fees: $ 3,175.00 heads within the work area must be clearly marked before drainage repairs start.3)CSEI will call in a dig ticket 72 hours before work can start to allow utility companies time to mark the Install 1"Steel Galvanized Grate $ 95.00 underground utilities within the work areas. 4)Crews will set up MOT around work areas for safety during the project and remove once job has been completed. Dear Justin Faircloth In Pursuant to your request,Copeland Southern Enterprises,Inc.is pleased to submit the following proposal for the installation of a new Concrete Spillway or Install 6'x 7'area of 3 to 6"Rip Rap or Change Out Inlet Grate for the above-referenced project: SCOPE OF SERVICES(Limited to the following):(Concrete Spill Way) 1. Crews will cut out the existing layers of erosion blankets with excess soil around the existing 12"C.B.and haul away to county dump. 2. Crews will cut out and form up and pour a 3000 PSI Concrete slab around the existing 12"Catch Basin and along the walk to catch the excess heavy flow of water off of the sidewalk in that area. 3. Crews will finish the Concrete with a lite broom finish and pull the forms off after 48 hours of cure time and re-grade planting area behind it. 4. Crews will install a larger opening metal grate once the concrete work is completed to allow the Golf Course Debris to inter easier. (6 ft.by 7ft Rip Rap) 1. Crews will cut out a 6 foot by 7 foot area around existing 12"Catch Basin of layered Coconut Erosion Blanket. 2. Crews will dig up existing 12"Catch Basin&4 ADS pipe and re-install from the bottom of Basin for Rip Rap. 3. Crews will install High Flow Fabric and 3 to 6 inch Rip Rap for an area of 6 Feet along walk and 7 Feet Out. (Install New Steel Galvanized Grate) 1. Crews will remove the existing 3/8"opening plastic ADS Grate and Install New 1 inch opening Galvanized Grate Note:Any additional work and services requested,and is not found in this Proposal can be done,but will require additional cost to be paid in full with proposal fee upon the completion of job. We at Copeland Southern Enterprises hope this meets your approval and satisfies your requirements.If so please sign the contract proposal below and return a copy to our office by Fax or Email.Should you have any questions or need any additional information,Please do not hesitate to call Scott Copeland at 239-995-3684 or Mobile#239-707-6806.Fax 239-995-0058 OWNER AUTHORIZATION: I warrant and represent that I am authorized to enter into this contract for professional services and I hereby authorize the performance of the above services and agree to pay the charges upon the completion of the Job resulting there from as identified in the"FEE TYPE"section above. I have read,understand and agree to these Standard Business Terms. Authorized Signature: Date: Typed Name&Title: Agenda Page#88 Exhibit:Work Areas,form and pour 3 x 6 Concrete Slab or Install 6'x 7 foot 3 to 6"Rip Rap&HFF or Replace Grate with Larger openings.0T i'; : , . • .. a F •,, .4 ';;11•. .. , ar . - ' itfr I"' ' 70 in2 " p Rap 6'x7' ,.; r M A y dit t ••4k 7 Agenda Page#91 From:Anthony Ettore<tony@dlc-law.org> Sent: Monday, October 25, 2021 7:37 AM To: Faircloth,Justin <justin.faircloth@inframark.corn> Cc:Greg Urbancic<gurbancic@cyklawfirm.com> Subject: Re: HBCDD- RE: New Project Note Hello Justin, As requested, I am writing to confirm that my hourly fee will continue to be$250 for any future representation of the Heritage Bay CDD. It is certainly quite unfair that the HBCDD was denied more than$1.67 million in FEMA reimbursement funds when the Quarry CDD,which sustained similar damage to the same stormwater facilities was awarded more than$4.3 million. However, as you and the HBCDD Board are certainly aware, the federal government and its agencies are broadly protected by sovereign immunity. While States are prohibited from certain actions and causes of action against them are granted by statute,the same is not true for cases against the federal government. Specifically in the FEMA context,the HBCDD has exhausted both of its FEMA appeals. The Stafford Act which governs disaster reimbursement funding does not provide any mechanism for suing FEMA when a party is damaged by one of their discretionary functions, such as determining whether to fund a project. However, the Administrative Procedures Act does create confines for how an agency may interpret its governing statutes and one of the prime principles is consistency. Even though agencies are given broad deference in how they interpret their statutes and regulations, the inconsistency of the treatment of the HBCDD compared to the QCDD may be enough of an error in discretion to be successful in federal court.Certainly,reaching opposite conclusions with different Subrecipients regarding the same facility and the same damages in the same storm should qualify as arbitrary and capricious. While I am a member of two federal district courts, including the Middle District of the State of Florida within which Collier County resides,the I lth Circuit Court of Appeals,and the U.S. Supreme Court, and I have been involved in several federal lawsuits while I worked at Holland&Knight and at Florida agencies, I have never actually filed a federal lawsuit myself. While I would be completely comfortable doing so, since I am not based locally and do not have the administrative support of a law firm, it may be a situation where I team up with Greg as co-counsel with them handling the administrative parts of the litigation and I would draft the substantive documents and appear in court as necessary. I want to be totally honest that there are few instances of FEMA successfully being sued in federal court but there are some. I also could not locate a situation similar to this where the FEMA outcome was so disparate for virtually exact circumstances. We should also consider some non-litigation options prior to litigation, such as reaching out to FDEM and FEMA management directly.It would also probably be quite helpful to get some state and federal politicians involved in the matter. These are all actions that I could take without the assistance of Mr. Urbancic and if somehow successful may obviate the need for filing a federal lawsuit. The QCDD should receive all of its funds within the next 60 days.After that time,I would welcome the opportunity to assist the HBCDD in a multi-pronged effort to correct this injustice.As far as a budget is concerned, it is difficult to estimate given that the course of action is not yet determined,but an initial communication effort as outlined above could be achieved for around$10,000.I think you have seen from my past billings that my fees are reasonable and not bloated—the same will be true here. Agenda Page#92 Please let me know if you or the HBCDD Board has any other questions. Thank you. Tony Anthony J. Ettore CEO and Principal Attorney (85o)445-2306 www.disasterlawconsulting.com On Mon,Oct 18, 2021 at 6:06 PM Faircloth,Justin<justin.faircloth@inframark.com>wrote: • Tony, In light of the funding that the Quarry CDD has received from FEMA for Hurricane Irma, who drains their stormwater directly into the structures the Heritage Bay CDD are responsible for, the Board may wish to proceed with legal action against the Federal Government. Would you please confirm your hourly rates and any costs the District will need to plan for to proceed? Would you provide a suggested budget and the next steps so I can present this to the Board at the 11/4/21 meeting. If I could have your response by 10/25/21 that would be greatly appreciated. Please also notate any work that may need to include Mr. Urbancic. Sincerely, Justin Agenda Page#104 Heritage Bay Community Development District Financial Report August 31, 2021 Prepared by INFRAMARK Agenda Pagem05 Heritage Bay Community Development OiSbi[t Table PfContents Pago# FINANCIAL STATEMENTS Balance Sheet All Funds 1 Statement nf Revenues, Expenditures and Changes in Fund Balance General Fund 28 Debt Service Fund 4 SUPPORTING SCHEDULES Trend Report 5 O Non-Ad Valorem Special Assessments 7 Cash and Investment Report O Bank Reconciliation 3'1O Check Register 11 Invoices 12 ` -- Agenda Page#106 Heritage Bay Community Development District Financial Statements (Unaudited) August 31, 2021 HERITAGE BAY Agenda Page#107 Community Development District Governmental Funds Balance Sheet August 31, 2021 SERIES 2018 DEBT SERVICE ACCOUNT DESCRIPTION GENERAL FUND FUND TOTAL ASSETS Cash-Checking Account $ 163,349 $ - $ 163,349 Accounts Receivable 11,569 - 11,569 Due From Other Funds - 6,784 6,784 Investments: Money Market Account 675,357 - 675,357 Reserve Fund - 390,327 390,327 Revenue Fund - 517,061 517,061 Prepaid Items 4,435 - 4,435 TOTAL ASSETS $ 854,710 $ 914,172 $ 1,768,882 LIABILITIES Accounts Payable $ 5,297 $ - $ 5,297 Due To Other Funds 6,784 - 6,784 TOTAL LIABILITIES 12,081 - 12,081 FUND BALANCES Nonspendable: Prepaid Items 4,435 - 4,435 Restricted for: Debt Service - 914,172 914,172 Assigned to: Operating Reserves 95,441 - 95,441 Reserves-Erosion Control 14,687 - 14,687 Reserves-Lakes 156,250 - 156,250 Reserves-Stormwater System 21,765 - 21,765 Unassigned: 550,051 - 550,051 TOTAL FUND BALANCES $ 842,629 $ 914,172 $ 1,756,801 TOTAL LIABILITIES&FUND BALANCES $ 854,710 $ 914,172 $ 1,768,882 1 HERITAGE BAY Agenda Page#108 Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending August 31, 2021 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ 2,000 $ 1,833 $ 2,847 $ 1,014 Hurricane Irma FEMA Refund - - 1,919 1,919 Interest-Tax Collector - - 225 225 Special Assmnts-Tax Collector 355,190 355,190 355,190 - Specials Assmnts-Lakes 30A&30B 60,923 60,923 60,922 (1) Special Assmnts-Reserves 31,250 31,250 31,250 - Special Assmnts-Discounts (17,894) (17,894) (16,644) 1,250 Other Miscellaneous Revenues - - 31,203 31,203 TOTAL REVENUES 431,469 431,302 466,912 35,610 EXPENDITURES Administration P/R-Board of Supervisors 9,000 8,250 6,600 1,650 FICA Taxes 689 632 505 127 ProfServ-Arbitrage Rebate 600 600 - 600 ProfServ-Dissemination Agent 1,500 1,375 1,375 - ProfServ-Engineering 14,000 12,833 13,922 (1,089) ProfServ-Legal Services 13,000 11,917 3,769 8,148 ProfServ-Mgmt Consulting 47,658 43,687 43,687 - ProfServ-Property Appraiser 6,710 6,710 210 6,500 ProfServ-Special Assessment 6,798 6,798 6,798 - ProfServ-TrusteeFees 5,157 5,157 9,403 (4,246) ProfServ-Web Site Maintenance 1,133 1,039 1,039 - Auditing Services 5,900 5,900 4,800 1,100 WebsiteCompliance 1,553 1,553 1,164 389 Postage and Freight 2,500 2,292 290 2,002 Insurance-General Liability 8,524 8,524 7,749 775 Printing and Binding 711 652 907 (255) Legal Advertising 3,000 2,750 399 2,351 Misc-Bank Charges 100 100 - 100 Misc-Assessment Collection Cost 8,947 8,947 8,615 332 Misc-Web Hosting 2,000 1,833 2,155 (322) Office Supplies 100 100 - 100 Annual District Filing Fee 175 175 175 - Total Administration 139,755 131,824 113,562 18,262 Field ProfServ-Field Management 13,215 12,114 13,089 (975) R&M-Contingency 42 42 - 42 Total Field 13,257 12,156 13,089 (933) 2 HERITAGE BAY Agenda Page#109 Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending August 31, 2021 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) Lakes and Ponds Contracts-Lake and Wetland 71,200 65,267 61,600 3,667 Contracts-Water Analysis 9,861 9,039 - 9,039 Contracts-Water Quality 27,700 25,392 27,700 (2,308) Contracts-Lakes 30A&30B 24,000 22,000 22,000 - Contract-Sediment Testing 6,675 6,675 - 6,675 R&M-Aquascaping 3,500 3,208 6,244 (3,036) R&M-Stormwater System 4,000 3,667 - 3,667 R&M-Lake Erosion 76,024 69,689 60,207 9,482 R&M-Contingency 5,792 5,309 1,650 3,659 Reserve-Lakes 31,250 31,250 - 31,250 Reserve-Stormwater System 18,455 18,455 - 18,455 Total Lakes and Ponds 278,457 259,951 179,401 80,550 TOTAL EXPENDITURES 431,469 403,931 306,052 97,879 Excess(deficiency)of revenues Over(under)expenditures - 27,371 160,860 133,489 Net change in fund balance $ - $ 27,371 $ 160,860 $ 133,489 FUND BALANCE,BEGINNING(OCT 1,2020) 681,769 681,769 681,769 FUND BALANCE,ENDING $ 681,769 $ 709,140 $ 842,629 3 HERITAGE BAY Agenda Page#110 Community Development District Series 2018 Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending August 31, 2021 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest-Investments $ 3,000 $ 2,750 $ 58 $ (2,692) Special Assmnts-Tax Collector 1,689,155 1,689,155 1,689,155 - Special Assmnts-Discounts (67,566) (67.566) (62,806) 4,760 TOTAL REVENUES 1,624,589 1,624,339 1,626,407 2,068 EXPENDITURES Administration ProfServ-Property Appraiser 25,337 25,337 598 24,739 Misc-Assessment Collection Cost 33,784 33,784 32,527 1,257 Total Administration 59,121 59,121 33,125 25,996 Debt Service Principal Debt Retirement 1,030,000 1,030,000 1,030,000 - Principal Prepayments - - 10,000 (10,000) Interest Expense 535,031 535,031 534,806 225 Total Debt Service 1,565,031 1,565,031 1,574,806 (9,775) TOTAL EXPENDITURES 1,624,152 1,624,152 1,607,931 16,221 Excess(deficiency)of revenues Over(under)expenditures 437 187 18,476 18,289 OTHER FINANCING SOURCES(USES) Contribution to(Use of)Fund Balance 437 - - - TOTAL FINANCING SOURCES(USES) 437 - - - Net change in fund balance $ 437 $ 187 $ 18,476 $ 18,289 FUND BALANCE,BEGINNING(OCT 1,2020) 895,696 895,696 895,696 FUND BALANCE,ENDING $ 896,133 $ 895,883 $ 914,172 4 eeeee. e eee ° e � eeeee. eeeeeee � eee C -a LO. 0 0 0 0 0 OM) O CO CNO 0 O O CO M O M O CO O COCO 1, N O) M N O 04 ,O O 00 C y ... 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VI- d- U) CO U) 00 1- U) ti I"- Co N O C") 7 -O N U) CO ,- I"- CO O U) V 0) U) N CO 0) C a) CO CO O o U) U) N O v 1� U) a- I� Cn 0 EE y 'CO Net ct W V CD 'Cl- CO N o a, a) N z 1 N a > z a) < o CO a) � 69 ER N W o 'a (I) :a-,-..! v °) y E a CD CD N 0 0 CD J w 0 6 N N N N N N N N N N N N N Q C C 'CD CO ti O O CO ti N- N J Q tCO ] O V a) U M N N N r- O O -C CD U) O O N N N M •t (O CO CO 1- U O O w c„ co O O O O O O Q W O Q Q F- 0ce I 0 Agenda Page#115 Heritage Bay Community Development District Cash &Investment Report August 31, 2021 ACCOUNT NAME BANK NAME YIELD BALANCE OPERATING FUND Operating Checking Valley National Bank 0.25% $5,865 Operating Checking Valley National Bank 0.22% $157,484 Money Market Account BankUnited 0.15% 675,357 Subtotal $838,706 DEBT SERVICE AND CAPITAL PROJECT FUNDS Series 2018 Reserve Fund U.S. Bank 0.02% 390,327 Series 2018 Revenue Fund U.S. Bank 0.02% 517,061 Subtotal 907,388 (1) Total $1,746,094 NOTE 1 -INVESTED IN U.S. BANK OPEN ENDED MONTHLY COMMERCIAL PAPER MANUAL SWEEP 8 Heritage Bay CDD Agenda Page#116 Bank Reconciliation Bank Account No. 9727 Valley National Bank GF(Do Not Use) Statement No. 08-2021 Statement Date 8/31/2021 G/L Balance(LCY) 5,864.71 Statement Balance 5,864.71 G/L Balance 5,864.71 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 5,864.71 Subtotal 5,864.71 Outstanding Checks 0.00 Negative Adjustments 0.00 Differences 0.00 Ending G/L Balance 5,864.71 Ending Balance 5,864.71 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference 9 Heritage Bay CDD Agenda Page#117 Bank Reconciliation Bank Account No. 9050 Valley National Bank GF(NEW) Statement No. 08-2021 Statement Date 8/31/2021 G/L Balance(LCY) 157,483.96 Statement Balance 163,344.97 G/L Balance 157,483.96 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 163,344.97 Subtotal 157,483.96 Outstanding Checks 5,861.01 Negative Adjustments 0.00 Differences 0.00 Ending G/L Balance 157,483.96 Ending Balance 157,483.96 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference Outstanding Checks 8/13/2021 Payment 4009 INFRAMARK,LLC 5,861.01 0.00 5,861.01 Total Outstanding Checks 5,861.01 5,861.01 10 O O CO c, LO LO O N O 00 LO N O o O O LO LC) Tr Tr C V ,,{ IN- N LO N LO co N 7 o V p 0 0 p N N N V) O '° O O co 6tp ,- I- CO N 7 LO o O O p IC is:M M aD co N N O CO LO EA 0 N co O O p c} V 0 FL LO CO0 (A 69 CT N fA a, CO O CO COC.0) I, n co E d 69 69. 69 69 _- 69 69 6" 69 61 a CA 69 h (fl 69 _ tq N 6 _ a) c 10 R CO 76 16 IC a f°- (a 6 a u u u u ,� � u % d c O o d o d o d o 0 0 0 0 0 0 o a m m (n U N U ,- 0 .- 0 (N co co co co co co coC.) 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Northern Trust Bank Building Agenda Page#119 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103-3556 Telephone: (239)435-3535 Fax: (239)435-1218 Page: 1 Heritage Bay CDD July 26, 2021 c/o Inframark File No: 6176-001 M 210 N. University Dr. Suite 702 Statement No: 76 Coral Springs FL 33071 Attn: Justin Faircloth Gen Rep SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $1,088.75 Fees Hours 06/08/2021 GLU Review and respond to email correspondence from Chairman on stormwater rules 0.10 32.50 06/11/2021 GLU Review and respond to email correspondence from Chairman on lake bank erosion issues; Prep for call; Telephone conference with Chairman and Manager 0.75 243.75 06/29/2021 GLU Review and respond to email correspondence from Stella Matevosyan regarding audit letter update 0.20 65.00 Professional Fees through 07/26/2021 1.05 341.25 Total Current Work 341.25 Payments Total Payments Through 07/26/2021 -1,088.75 Balance Due(includes previous balance, if any) $341.25 12 Agenda Page#121 Heritage Bay Community Development District Financial Report September 30, 2021 Prepared by INFRAMARK Agenda Page#122 Heritage Bay Community Development District Table of Contents Page# FINANCIAL STATEMENTS Balance Sheet -All Funds 1 Statement of Revenues, Expenditures and Changes in Fund Balance General Fund 2-3 Debt Service Fund 4 SUPPORTING SCHEDULES Trend Report 5-6 Non-Ad Valorem Special Assessments 7 Cash and Investment Report 8 Bank Reconciliation 9-10 Check Register 11-12 Invoices 13 Agenda Page#123 Heritage Bay Community Development District Financial Statements (Unaudited) September 30, 2021 HERITAGE BAY Agenda Page#124 Community Development District Governmental Funds Balance Sheet September 30, 2021 SERIES 2018 DEBT GENERAL SERVICE ACCOUNT DESCRIPTION FUND FUND TOTAL ASSETS Cash - Checking Account $ 132,295 $ - $ 132,295 Accounts Receivable 11,569 - 11,569 Investments: Money Market Account 675,440 - 675,440 Prepayment Account - 268 268 Reserve Fund - 390,061 390,061 Revenue Fund - 523,848 523,848 Prepaid Items 4,435 - 4,435 TOTAL ASSETS $ 823,739 $ 914,177 $ 1,737,916 FUND BALANCES Nonspendable: Prepaid Items 4,435 - 4,435 Restricted for: Debt Service - 914,177 914,177 Assigned to: Operating Reserves 95,050 - 95,050 Reserves - Erosion Control 14,687 - 14,687 Reserves - Lakes 187,500 - 187,500 Reserves- Stormwater System 40,220 - 40,220 Unassigned: 481,847 - 481,847 TOTAL FUND BALANCES $ 823,739 $ 914,177 $ 1,737,916 1 HERITAGE BAY Agenda Page#125 Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending September 30, 2021 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest- Investments $ 2,000 $ 2,000 $ 2,929 $ 929 Hurricane Irma FEMA Refund - - 1,919 1,919 Interest-Tax Collector - - 225 225 Special Assmnts-Tax Collector 355,190 355,190 355,190 - Specials Assmnts-Lakes 30A&30B 60,923 60,923 60,922 (1) Special Assmnts- Reserves 31,250 31,250 31,250 - Special Assmnts- Discounts (17,894) (17,894) (16,644) 1,250 Other Miscellaneous Revenues - - 31,203 31,203 TOTAL REVENUES 431,469 431,469 466,994 35,525 EXPENDITURES Administration P/R-Board of Supervisors 9,000 9,000 7,600 1,400 FICA Taxes 689 689 581 108 ProfServ-Arbitrage Rebate 600 600 - 600 ProfServ-Dissemination Agent 1,500 1,500 1,500 - ProfServ-Engineering 14,000 14,000 13,922 78 ProfServ-Legal Services 13,000 13,000 4,853 8,147 ProfServ-Mgmt Consulting 47,658 47,658 47,658 - ProfServ-Property Appraiser 6,710 6,710 210 6,500 ProfServ-Special Assessment 6,798 6,798 6,798 - ProfServ-Trustee Fees 5,157 5,157 9,403 (4,246) ProfServ-Web Site Maintenance 1,133 1,133 1,133 - Auditing Services 5,900 5,900 4,800 1,100 Website Compliance 1,553 1,553 1,553 - Postage and Freight 2,500 2,500 288 2,212 Insurance-General Liability 8,524 8,524 7,749 775 Printing and Binding 711 711 1,213 (502) Legal Advertising 3,000 3,000 1,365 1,635 Misc-Bank Charges 100 100 - 100 Misc-Assessment Collection Cost 8,947 8,947 8,615 332 Misc-Web Hosting 2,000 2,000 1,767 233 Office Supplies 100 100 - 100 Annual District Filing Fee 175 175 175 - Total Administration 139,755 139,755 121,183 18,572 2 HERITAGE BAY Agenda Page#126 Community Development District General Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending September 30, 2021 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) Field ProfServ-Field Management 13,215 13,215 14,190 (975) R&M-Contingency 42 42 - 42 Total Field 13,257 13,257 14,190 (933) Lakes and Ponds Contracts-Lake and Wetland 71,200 71,200 67,200 4,000 Contracts-Water Analysis 9,861 9,861 - 9,861 Contracts-Water Quality 27,700 27,700 27,700 - Contracts-Lakes 30A&30B 24,000 24,000 24,000 - Contract-Sediment Testing 6,675 6,675 - 6,675 R&M-Aquascaping 3,500 3,500 8,894 (5,394) R&M-Stormwater System 4,000 4,000 - 4,000 R&M-Lake Erosion 76,024 76,024 60,207 15,817 R&M-Contingency 5,792 5,792 1,650 4,142 Reserve- Lakes 31,250 31,250 - 31,250 Reserve-Stormwater System 18,455 18,455 - 18,455 Total Lakes and Ponds 278,457 278,457 189,651 88,806 TOTAL EXPENDITURES 431,469 431,469 325,024 106,445 Excess(deficiency)of revenues Over(under)expenditures - - 141,970 141,970 Net change in fund balance $ - $ - $ 141,970 $ 141,970 FUND BALANCE, BEGINNING(OCT 1,2020) 681,769 681,769 681,769 FUND BALANCE, ENDING $ 681,769 $ 681,769 $ 823,739 3 HERITAGE BAY Agenda Page#127 Community Development District Series 2018 Debt Service Fund Statement of Revenues, Expenditures and Changes in Fund Balances For the Period Ending September 30, 2021 ANNUAL ADOPTED YEAR TO DATE YEAR TO DATE VARIANCE($) ACCOUNT DESCRIPTION BUDGET BUDGET ACTUAL FAV(UNFAV) REVENUES Interest- Investments $ 3,000 $ 3,000 $ 63 $ (2,937) Special Assmnts-Tax Collector 1,689,155 1,689,155 1,689,155 - Special Assmnts- Discounts (67,566) (67,566) (62,806) 4,760 TOTAL REVENUES 1,624,589 1,624,589 1,626,412 1,823 EXPENDITURES Administration ProfServ-Property Appraiser 25,337 25,337 598 24,739 Misc-Assessment Collection Cost 33,784 33,784 32,527 1,257 Total Administration 59,121 59,121 33,125 25,996 Debt Service Principal Debt Retirement 1,030,000 1,030,000 1,030,000 - Principal Prepayments - - 10,000 (10,000) Interest Expense 535,031 535,031 534,806 225 Total Debt Service 1,565,031 1,565,031 1,574,806 (9,775) TOTAL EXPENDITURES 1,624,152 1,624,152 1,607,931 16,221 Excess(deficiency) of revenues Over(under)expenditures 437 437 18,481 18,044 OTHER FINANCING SOURCES(USES) Contribution to(Use of) Fund Balance 437 - - - TOTAL FINANCING SOURCES(USES) 437 - - - Net change in fund balance $ 437 $ 437 $ 18,481 $ 18,044 FUND BALANCE, BEGINNING (OCT 1,2020) 895,696 895,696 895,696 FUND BALANCE, ENDING $ 896,133 $ 896,133 $ 914,177 4 a — oo vo ^ 0000 00 oC COCA- 0 0) 0 0 c 0 N # R 0 . 0 0' o 0 0 CO 0 .0 A- o a 0 o N L 5 z - - - - a o m - r 0 Cr) G nv M criecov noror- � � Nm CO CV- o CO d CD ¢ m 03 C� J 0 1 F MQ1- o a N - om co'c coe0 ee� rre � O LL ~ v Q Ct .0 0 a a < 0 co cn co to tO t) ¢ a C 0 CO f6 - v 0 00. 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U IA O a) o 0 0 0 0 0 V >' y > E 0 N N N N N N N N N N N N N J J Q N ' CO 6) O O O N V Q J J ° 0 0 a) U CO - - - N N N 0 0 E C) u) p O N N N CO 't LC) CO CO it () 0 = o cc Q Q O O O O CD CD lao — I U Agenda Page#132 Heritage Bay Community Development District Cash & Investment Report September 30,2021 ACCOUNT NAME BANK NAME YIELD BALANCE OPERATING FUND Operating Checking Valley National Bank 0.05% $5,865 Operating Checking Valley National Bank 0.05% 126,430 Money Market Account BankUnited 0.15% 675,440 Subtotal $807,735 DEBT SERVICE AND CAPITAL PROJECT FUNDS Series 2018 Prepayment Fund U.S. Bank 0.02% $268 Series 2018 Reserve Fund U.S. Bank 0.02% 390,061 Series 2018 Revenue Fund U.S. Bank 0.02% 523,848 Subtotal $914,177 (1) Total $1,721,912 NOTE 1 -INVESTED IN U.S. BANK OPEN ENDED MONTHLY COMMERCIAL PAPER MANUAL SWEEP 8 Heritage Bay CDD Agenda Page#133 Bank Reconciliation Bank Account No. 9727 Valley National Bank GF(Do Not Use) Statement No. 09-2021 Statement Date 9/30/2021 G/L Balance(LCY) 5,864.71 Statement Balance 5,864.71 G/L Balance 5,864.71 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 5,864.71 Subtotal 5,864.71 Outstanding Checks 0.00 Negative Adjustments 0.00 Differences 0.00 Ending G/L Balance 5,864.71 Ending Balance 5,864.71 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference 9 Heritage Bay CDD Agenda Page#134 Bank Reconciliation Bank Account No. 9050 Valley National Bank GF(NEW) Statement No. 09-2021 Statement Date 9/30/2021 G/L Balance(LCY) 126,430.27 Statement Balance 126,636.12 G/L Balance 126,430.27 Outstanding Deposits 0.00 Positive Adjustments 0.00 Subtotal 126,636.12 Subtotal 126,430.27 Outstanding Checks 205.85 Negative Adjustments 0.00 Differences 0.00 Ending G/L Balance 126,430.27 Ending Balance 126,430.27 Difference 0.00 Posting Document Document Cleared Date Type No. Description Amount Amount Difference Outstanding Checks 9/7/2021 Payment 4013 DENNIS P.GAGNE 184.70 0.00 184.70 9/24/2021 Payment 4019 FEDEX 21.15 0.00 21.15 Total Outstanding Checks 205.85 205.85 10 O U) O N O N u) ^ O O p co O co O co UU) � O U) o N N 0 Q. 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O U d N N N N N ❑O O ENI F' N V E E a� a� aa)) N Z a a a a a w T w C -p -a (n (n c) In (n I- wo . N o >, d 2 a a o Z a 0 s N U J0 J0 J0 J CV 0 V o >c Q Q a N U. 0_ Cl_ 0_ Q0_ a0_ rnoQ CO W 0 a I- .... CC W re) o I N T el (a Z z a 7 m LI. N W D LLI CC CC o z a w E w V 6 Q W m U Z a D x C x LU an m -) - CO0U' • CO CO z z Yz z ~ i- w 01 w o § 0 W w o ¢ w W o G x N N N M CNI N N M f- o oti o o r O h Oi MO N 0 c0 0 * o o * o I o o y* # It Y Y Y Y Y W Y U U U H U - U 0 c 0 W 0 W 0 W o W o W o W o = Z = o = o = o = o = o W = N U 0 0 0 0 CO U Coleman, Yovanovich & Koester, P.A. Northern Trust Bank Building Agenda Page#137 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103-3556 Telephone: (239)435-3535 Fax: (239)435-1218 Page: 1 Heritage Bay CDD September 17, 2021 do Inframark File No: 6176-001 M 210 N. University Dr. Suite 702 Statement No: 78 Coral Springs FL 33071 Attn: Justin Faircloth Gen Rep SENT VIA EMAIL TO: inframark@avidbill.com Previous Balance $910.00 Fees Hours 08/15/2021 GLU Review and respond to email correspondence from Chairman Ed Hubbard regarding HOA policy revisions; Review same. 0.25 81.25 08/25/2021 GLU Exchange email correspondence with Manager on assessments resolutions; review and comment 0.75 243.75 MEM Continue reviewing newly passed legislation to regarding updates pertinent to CDDs for District Manager update 0.50 60.00 08/26/2021 GLU Exchange multiple email correspondence with Justin Faircloth regarding maintenance work; initial review 0.30 97.50 08/30/2021 GLU Review email correspondence from Manager relating to updated agenda 0.10 32.50 Professional Fees through 09/17/2021 1.90 515.00 Total Current Work 515.00 Payments Total Payments Through 09/17/2021 -910.00 Balance Due (includes previous balance, if any) $515.00 13 Agenda Page#140 6 INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES Heritage Bay CDD 9/15/21 & 9/28/21 — Field Management Report 44 Oiewr !--1� • -� i,,7 ,• 1,..r� ! . , "5 fit+ t +t 49 �� ;` t' 1 t��.. . r: r IT, r dIA.,iir • 1 'fir 'SA\ 1:'{4: ;IF +. '�_ •1 . - ,„- -, illik ... i • HERITAG BAD ' , -� 41xr� w� — „'f ' GOLF & t+),`.`1 RY CLUB - t ^',,reitotc77,:4; 4'4;,.fier..„ ,....,:, 4 ... , 4.0v.. ,,,., ,,.. ....... i ,.....,; .., A.,,,, . „..., , - ...... or", g A.: ' r. r ..s .. www.inframarkims.com Inspected by:Justin Faircloth Agenda Page#141 1. Lake Management The lakes remain elevated with all control structures flowing. Algae continues to be a slight issue within the littoral edges of most of the lakes. There is still a lot of floating debris in the lakes presently that may be contributing to the algae issues. The lakes continue to be in good condition with minimal issues. Additional lake maintenance information is found below; all lake issues are low density unless otherwise noted. Floating spike rush debris noted on lake 1 in the photo below. t a Algae on Lakes 3, 6, 7, 8, 9, 10, 12, 13, 17, 18, 19, 20, 21,24, 25, 27, &29. Lakes 3, 6,9, 13, 19, 20, 21, &28 shown. „ , 1 • I,a u' :AtZ;s1."*1.14-01:` -i',''"1;'-';'-'— '''!'',V:p ,.. f , .. . C. . M,r r- 3S,{• a. l✓!. 4111Akz. M.ai F. Inframark Monthly Management Report 1 Agenda Page#142 44' - iliq . ins. -rt„le.Y` w .n' ,,.; nI", i. Muskgrass: 5&7. 12' s. k a •. „fir Q ,, 7' .t } ,'.s. b. Littorals The littorals throughout the District appear to be healthy and thriving in many locations and even spreading. Lakes 6,8, 20, 24, 26, &30A pictured below. i- � �.. a ; , . A i%1 1.1 4 xc, Inframark Monthly Management Report 2 Agenda Page#143 lot,„„, . irio. , .. 1" 1� IP I Alligator Flag in Lakes: No issues observed. c. Rocks: Weeds need to be sprayed out in the rocks on the eastern bank of lake 20. 4- t II, a..'� C i°,,e ,� II. Weeds need to be sprayed out in the rocks on the south bank of lake 27. J Inframark Monthly Management Report 3 Agenda Page#144 The treated weeds on the south bank of lake 30A should be cut down. Regular treatment of this area should resume. . w d. Weeds: I. Alligator Weed in Lakes: No issues observed. ii. Bitter Melon/Balsam Apple. No issues observed. iii. Brazilian Pepper: No issues observed. iv. Cattails in Lakes: No issues observed. v. Climbing Hemp Vine in Lakes No issues observed. vi. Dollar Weed in Lakes: No issues observed. vii. Hydrilla in Lakes: 28&29. viii. Illinois Pondweed in Lakes: 8,9, 12, 18, 19,26, 27, 30A&30B.Treatment is needed along Heritage Bay Boulevard as the tops of the pondweed is protruding from the water surface. Lakes 20&30A shown. S . Inframark Monthly Management Report 4 Agenda Page#145 The area under the bridge was clear although strands of pondweed were present along with some clippings. 4.41/44: x 2' k p .'A 4., ,y f w Various patches were evident in the middle of Lake 30B. Cutting likely will need to resume to keep the pondweed controlled. ix. Palms on Lake Banks: No issues observed. x. Red Ludwigia in Lakes: No issues observed. xi. Sedges in Lakes No issues observed. xii. Spatterdock/Lily Pads in Lakes: 2, 3, &4. Treatment was visible on the plants in lake 3, but should continue. • Inframark Monthly Management Report 5 Agenda Page#146 ‘fif/I r, • i `. r , xiii. Torpedo Grass in Lakes: 1, 30A, &3B. Lake 30B shown. may.. • xiv. Various Lake Bank Weeds: 7.A climbing vine is growing over the canna on the south bank of lake 7. tit I .1' . ol xv. Various Submerged weeds in Lakes: No issues observed. xvi. Trash in Lakes: 3, 21, 25, bridge quadrants 30A&30B. All trash should be removed from the lakes including palm fronds as required in the contract. Inframark Monthly Management Report 6 Agenda Page#147 :1>e • NIA - e. Bulkheads: No issues observed. f. Clippings in Lakes No issues observed. 2. Lake Bank Erosion a. Minor erosion was observed on the north side of lake 4 around the bridge.Additional drainage control may be necessary to prevent further erosion. `:y a y �L Inframark Monthly Management Report 7 Agenda Page#148 A worker from Elias Brothers painting was observed exceeding the building side boundary limit to get at the back side of a building on the south corner of lake 4.The Chairman was contacted and contact was made with the workers who had moved the lift back from the lake bank. lerinft r IV , • 1.45 OF A minor washout was noted on the west bank of lake 5 and at least one additional repair had been completed that was adjacent to a fairway drain.The Board may wish to add additional plantings along the western bare bank if the Club does not replace plantings soon. I,~ 111 d. Step erosion has started to form on a portion of the south bank of lake 7 that will need to be monitored. No visible cause for the erosion was apparent in the area it was noticed. Minor repairs may be able to take place this year with more littorals or plantings to hold the area before greater repairs will be necessary. Heavy littorals are already present on this bank, but in the section notice is mostly just grasses. Inframark Monthly Management Report 8 Agenda Page#149 t e. Erosion was visible on the south and east banks of lake 8 where there are not plantings.The Board may wish to add additional plantings if the Club does not replace plantings soon. r . ♦ fi Mq I Wr.V f, A leaking irrigation head was observed at a tee box of the#7 hole adjacent to the west bank of lake 9. No erosion issues were apparent in the location presently, however,the Board may wish to have additional plantings installed if the Club does not add new plantings in the near future. Erosion was also noticed on the north bank of this lake and is likely a result of the adjacent golf course drain being overwhelmed over time. * rs Inframark Monthly Management Report 9 Agenda Page#150 4. IT P a '•f. ^,Ak f'0 g. The irrigation head on the southwest corner of lake 13 remains to be repaired that is causing erosion to the bank. \. h. The filter fabric on the northwest corner of lake 17 is slightly exposed and the Board may wish to have it covered in the future to prevent degradation over time by sun exposure.Slight erosion was also noted on the southwest corner of the same lake that will need to be monitored and possibly addressed in the future. .-. ...4g,„:z ..,,)N ill ..* ,. �J� t.1. t 1pf tt, d' tom 4 �.. � � ,� , ' Inframark Monthly Management Report 10 Agenda Page#151 I Copeland Southern Enterprises was observed on site completing drainage for the units north of lake 21. Upon return the work had been completed with no issues observed other than two ruts that will likely be covered over in the near future when the grass grows back in fully. x r. 4 ,. .7=:_q4. 4 ' N . , , ,, . ,.....„..... . .4. i Jeri" ' .„.,,,,,, . • .., . . . , Erosion was observed on the north bank of lake 25 where lake bank plantings have been recently removed.The Board may wish to have additional plantings installed if the Club does not add new plantings in the near future. t ,„ III ' K 5 I Holes remain around the irrigation items on the northeast corner of lake 30A.They should be filled to avoid a trip hazard or safety issue. Inframark Monthly Management Report 11 Agenda Page#152 Mil 110, 3. Lake Rank Vegetation No issues observed. 4. Storm Drainage System a. Boundary Berm: The preserve is beginning to encroach on the perimeter berm in many areas.The Board may need to plan for a trimming of the preserve boundary in the near future. i 1011111 k' ys t fy r= b. Control Structures: i. Basin 1: Control Structure L3L10 was flowing. Control Structure L5L6 was flowing. p1 .. . ,J d0`t y's�* ylta akt ,, ,♦ '4' 4. `,II IA!`. r laitir 0404.11‘.2:tt4:040.1'4,-- 4.: "46 L.4-40.,s4,-; ,it,.: , '),.. , , ' _ .i• ..-1-* -*Irk ,v k. 1104 Pl mot, ,`, ii. Basin 2: Control Structure L6L20 was flowing.Control Structure L12L20 was flowing. Inframark Monthly Management Report 12 Agenda Page#153 4 044 4 il 0 0 lit ' --* ; ,,",;;;',././2Y:Affirgifirli -'0..A dt orito' '' ---v--,...-- , --- Aft=tfif... :.,,,,i pet 01014 40.4.4.4„4, --v„ /,- ....„.,-„. /.. .-. g„it.,,,,,,,vars., iii. Basin 3 Control Structure 102 did not appear to be flowing, but remains close to flood stage.A berm has been constructed on the north bank of this detention area to minimize debris from entering the area. Debris should be removed from the top of the structure, however,the area was locked at the time of inspection.Control Structure L25L30 was flowing. .10 i •. _w i . • 14 r V , of{._* �S*I 1.• 14 1 _ n14&5: Control Structure L28L30 was flowing.Structure L29L30 was flowing. 4"11nrilitaritigi,,,,ifiiiM - SS WTI\ 4 * per 1! !R*I4, > as ‘01k11,#1 * Inframark Monthly Management Report 13 Agenda Page#154 V. Basin 6 Control Structure W2L30 was not flowing at the time of the first visit earlier in the month, however,towards the end of the month the structure was flowing through the rocks. It was observed that the rocks had been moved on the northern section of the structure creating a channel for water flow through prematurely dewatering the preserve area.The rocks were moved and repositioned in place. Lastly,the Board may wish to install additional rock around the structure to ensure the filter fabric is covered and the material is not prematurely degraded by sun exposure. Control Structure L27L30 was flowing. Control Structure L30000O3 was flowing. Control Structure L30000O2 was flowing. 44 ••Jar 1 a, - r ,. sh- f 'Ofy cry t, ` ra.,4., .4, Y4 r 1 a.-. • , t t' Au' 4 r .s � 1,`K J 1 . „7 Mfg*"fir iFr i"C" Inframark Monthly Management Report 14 Agenda Page#155 R - c. Drains- A cover for a drain in the swale behind Escambia Bay Court was found upside down and replaced. Edging should occur around all drains to prevent grass overgrowth. Y•^J,v,'4..A f AAA i.i d, Roadway Catch Basins' No issues observed. e. Catch Basins: Debris should be removed from all drains to help proper drainage to occur and minimize erosion on the District's lake banks. Edging should be performed around all structures so grass overgrowth does not occur and the drains can function as designed.The drains behind the condos around lake 30A should likely be addressed. Inframark Monthly Management Report 15 Agenda Page#156 A. • ' `. c . f. Inter-Connect/Drain Pipes No issues observed. g. Illicit Discharges: No issues observed. h. Lake Drainage Pipes` No issues observed. 5. Parcels One of the recently replaced car stops was found slight cracked. • Inframark Monthly Management Report 16 Agenda Page#157 6. Fish/Wildlife Observations: New signage regarding alligators was observed on the northeast corner of lake 22. The Board may wish to review and determined if such signage will be allowed to remain posted. jJ Bass 17I Bream ❑ Catfish ❑ Gambusia n Egrets ® Herons [1 Coots N Gallinules ❑Anhinga [l Cormorant ❑ Osprey ® Ibis ❑Wood stork n Otter NI Alligators Ti Snakes NI Turtles ❑ Other: Armored Catfish,Turkeys . CAUTION ; . \* .. ` . 'l(IEM CBEuetisHItmkitii ••- • RLEAR IE MO s*�c ' \ = "';' -'' 'lE��'Its'RRUVma .. „wry�. '4F-""Itt it t- b °Y } +1vT'. 7sy C Y wz 4J, 7. Residential Complaints/Concerns: No items reported. 8. Non-CD!) Issues' a. The bridge has been rebuilt across the lagoon of lake 19. .1 li 4.. . e . b. The roadway fire hydrant markers have come loose from the roadway surface and one was found in the gutter grate across the roadway at the corner of Smoke House Bay Drive and Heritage Bay Boulevard. Inframark Monthly Management Report 17 Agenda Page#158 t i The sidewalks were being pressure washed during the inspection. No adverse effects were noticed as hardly any water was being used with minimal amounts going into the storm drains. 4 k1 . :yy ri An irrigation box was found leaking on the north bank of lake 20 behind 10414 Smoke House Bay Drive..,k T lJ ,4 \ \t A e There is a drain cover missing from one of the golf course drains behind 10500 Heritage Bay Boulevard east of the green for#7. If the cover is not replaced the drain may become clogged. r ti yr,y }'` f}.. • h y { • 1�f ,i'' ', ,, Sao' x W� r �e 1 ' i.t_ 4' _. ii 1r4 Inframark Monthly Management Report 18 Agenda Page#159 t. A large Brazilian pepper tree was observed growing out of the palm tree and bouganvilea bundle behind 10514 Smoke House Bay Drive that should be removed to prevent further seed source of this invasive exotic within the District. y 441 The large Brazilian pepper noted last month on the berm coming out of the preserve west of lake 2 has been removed. It was not clear if the stumps had been treated, but the area will be watched to ensure the tree does not come back. a , ,i r. Inframark Monthly Management Report 19 Agenda Page#161 6 INFRAMARK INFRASTRUCTURE MANAGEMENT SERVICES Heritage Bay CDD 10/13/21- Field Management Report ' V... 4'. ' -,4‘. '. A ' '', ' ' '* ---' ' -— ' " - ... oc ,- 'x bra „A 4 tip l r-- r f t w 444 a of . 4 .� t ic i :fro' 11 1 ERI TAG E BAY .r� GOLF # C01It1 RY CLUB r ice,' --k"` 1 ) 1• .i �.iJ'4 , N. ., As .•'+► y .,,,,..a I. www.inframarkims.com Inspected by:Justin Faircloth&Ed Hubbard Agenda Page#162 1. Lake Management The lakes continue to remain elevated with all control structures flowing. Algae issues have improved greatly in most lakes. The lakes continue to be in good condition with minimal issues. Additional lake maintenance information is found below; all lake issues are low density unless otherwise noted. a. AIc'ae on i.akes. 20&28. IC. d 4; 't.. % ' .'ti.w.o4... 40 s kQ rr . i. Muskgrass No issues observed. b. Littorals The littorals throughout the District looked healthy despite the high waters and should begin to thrive further as the rainy season appears to be tapering off. Lake 5 on either side of the bridge from holes#16& 17 could be considered for plantings to improve the appearance during the dry season. The spike rush on the east bank of lake 30B appeared to have been affected by recent treatments of Illinois pondweed in the lake, but should rebound. Lakes 3, 5, &30B pictured below. 510/N/ON/Of A r-.'. "i �l •r• ,y.deer VW I. r Inframark Monthly Management Report 1 Agenda Page#163 I. Alligator Flag in Lakes: No issues observed. C. Rocks: No issues observed. d. Weeds: i. Alligator Weed in Lakes: No issues observed. ii. Bitter Melon/Balsam Apple: 6(south bank near control structure L6L20). iii. Brazilian Pepper No issues observed. iv. Cattails in Lakes: No issues observed. v. Climbing Hemp Vine in Lakes 3. Hand pulling is the best approach for treatment to not damage the littorals. • vi. Dollar Weed in Lakes: No issues observed. vii. Hydrilla in Lakes: No issues observed. viii. Illinois Pondweed in Lakes 8, 20, 30A, &30B. Cutting or heavy treatment in the large lakes needs to be performed to keep the ponweed in check per the required standards. Inframark Monthly Management Report 2 Agenda Page#164 * AO "'.F,ur mi fxA Ri ` sw. `r y' �lP� � f. r4r4, Y M rib L ,,..i.,,p . r .,...,. ( ii ice -.A.-?, ,1; ale,; The pondweed under the bridge likely needs to be cut or treated. ix. Palms on Lake Banks: No issues observed. x. Red Ludwigia in Lakes: No issues observed. xi. Sedges in Lakes: No issues observed. xii. Spatterdock/Lily Pads in Lakes: 3,5,& 12. `�` - - Inframark Monthly Management Report 3 Agenda Page#165 '44 xiii. Torpedo Grass in Lakes: No issues observed. xiv. Various Lake Bank Weeds: No issues observed. xv. Various Submerged weeds in Lakes: No issues observed. xvi. Trash in Lakes: 4(cove between#14&#15 holes).All trash should be removed from the lakes including palm fronds as required in the contract. ",• . b TF 4' Y' .. or e. Bulkheads: No issues observed. f. Clippings in Lakes: No issues observed. 2. Lake Bank Erosion 1 Step erosion was noticeable around the#15 green on the southwest bank of lake 4. _, b. The irrigation head on the southwest corner of lake 13 continues to flow and should be repaired so further erosion to the bank does not occur. Inframark Monthly Management Report 4 Agenda Page#166 \ . .. ± t .. . .; .ate 4n. L �'"�_� =.��` • is .yAr!reF� c Holes remain around the irrigation items on the northeast corner of lake 30A, however, Buttonwood was contacted while on site and they promised to address the concern. " ,� r r t 4 F .. "i'hf. 1,1 ' 4',:'� f `.:*r f' }f,A7A7 sty ,N r` `•. 11 r .#Y AI' Y V `t V ��I d. Exposed filter fabric was observed on the southeast bank of lake 30B and should likely be addressed during any upcoming projects so the material is not damaged by continued sunlight exposure. _ ;. . '' A.Y�,,u t R. ply;' f Ir •,. -„ T"s 3. Lake bank Vegetation a. The#15 fairway is very steep along the west bank of lake 4 and it may be beneficial to have additional lake bank plantings installed in this area to greater stabilize the bank. Inframark Monthly Management Report 5 Agenda Page#167 Mf,If b The grasses on the south bank of lake 5 along the#17 fairway appear to be sparsely planted and there is one area where there are no plantings.The Board may wish to add additional plantings along the bank to stabilize it further. The same situation to a greater extent exists on the west bank of lake 5 along the#16 hole and should seriously be considered for additional plantings. • „ sjr • 4fi Inframark Monthly Management Report 6 Agenda Page#168 !d pry. ` . 111110111.1 YamAr. , 41, n 5 41�tAa? k- Step erosion visible on the south,west, and east banks of lake 8 where there are no plantings could possibly be minimized by adding additional lake bank plantings. oir x, •:swd' .� �' x,. 1p t 71, 1 x � ti The north bank of lake 9 is sparsely planted in some areas and additional plantings are recommended to minimize erosion of the lake bank along the cart path of the#6 hole and#7 tee box.An irrigation head also appears to be leaking and needs adjustment east of the#7 tee. • Inframark Monthly Management Report 7 Agenda Page#169 e. The Board may wish to consider adding additional plantings to shore up the west bank of lake 11 along the#7 fairway. f. Grasses along the#10 tee boxes have been removed recently and erosion issues are evident between the various tees. New lake bank plantings should be considered to minimize further erosion issues on the east bank of lake 15. g. The Board may want to consider adding a few plantings were step erosion is beginning to form on the east bank of lake 24 adjacent to Heritage Bay Boulevard. lnframark Monthly Management Report 8 Agenda Page#170 h. The Board may wish to add additional plantings along the north and west banks of lake 25 adjacent to the#26 green to help stabilize the bank. 4. Storm Drainage System a. Boundary Berm: No new issues observed. b. Control Structures: i. Basin 1: Control Structure L3L10 was flowing. Control Structure L5L6 was flowing. $� .. � 041 ,firs ... . ..411 ti.._ ii. Basin 2: Control Structure L6L20 was flowing.Control Structure L12L20 was flowing. lnframark Monthly Management Report 9 Agenda Page#171 err .:7 .-19‘11* ik106.10*$*bb, - '' • ir • lkNN.4,,Niiiikeioetki+ 4. iii. Basin 3: Control Structure L25L30 was flowing. 'AL+1Y'•4�4''4"4'•4V"4`.4.4*\,1`t t t . t tt ,,. \r`�1�1►'.47.`�+1�1'Na.`k's . iv. Basin 4& 5: Control Structure L28L30 was flowing. Structure L29L30 was flowing. v. Basin 6 Control Structure W2L30 was not flowing. Control Structure L27L30 was flowing. Control Structure L30000O3 was flowing. Control Structure L30000O2 was flowing. " S r to .• wy' yi ita..d►ia�..•a.40..4600.• .•r.. .s v,016 S. 4 -4 1♦., * 440 PAL 4 ._ ►4' 44004 '► b �` " :10/11011111111.1 ii t" __.." c. Drains: No new issues observed. Inframark Monthly Management Report 10 Agenda Page#172 d. Roadway Catch Basins: No issues observed. e. Catch Basins: Debris should be removed from all drains to help proper drainage to occur and minimize erosion on the District's lake banks. Photos of the north end of the bridge adjacent to the#13 tee. a . f. Inter-Connect/Drain Pipes No issues observed. g. Illicit Discharges: No issues observed. h. Lake Drainage Pipes: No issues observed. 5. Parcels No new issues observed. 6. Fish/Wildlife Observations: M Bass M Bream ❑ Catfish ❑ Gambusia n Egrets 1 Herons ❑ Coots M Gallinules 1Anhinga n Cormorant n Osprey M Ibis ❑ Wood stork n Otter ®Alligators ❑ Snakes ® Turtles ❑ Other: Turkeys 7. Residential Complaints/Concerns: No items reported. 8. Non-CM Issues: a. The Chairman observed an irrigation leak behind the pool bathrooms north of lake 22 and reported it to the vendor. Inframark Monthly Management Report 11 Agenda Page#173 • Z4 b. The irrigation box leaking on the north bank of lake 20 behind 10414 Smoke House Bay Drive as reported in the previous report had become more severe, however, Buttonwood was contacted while on site to address the issue. .; i' Inframark Monthly Management Report 12 A 1 YamatoR Road • Suite Boca Raton, Florida 33431K.,....... rau 8A Associates (561) 994-9299 • (800) 299 4728 Fax (561) 994-5823 j CERTIFIED PUBLIC ACCOUNTANTS www.graucpa.com September 28, 2021 To Board of Supervisors Heritage Bay Community Development District 210 N. University Drive, Suite 702 Coral Springs, FL 33071 We are pleased to confirm our understanding of the services we are to provide Heritage Bay Community Development District, Collier County, Florida("the District")for the fiscal year ended September 30,2021.We will audit the financial statements of the governmental activities and each major fund, including the related notes to the financial statements,which collectively comprise the basic financial statements of Heritage Bay Community Development District as of and for the fiscal year ended September 30, 2021. In addition, we will examine the District's compliance with the requirements of Section 218.415 Florida Statutes.This letter serves to renew our agreement and establish the terms and fee for the 2021 audit. Accounting principles generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the District's basic financial statements. Such information,although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context.As part of our engagement,we will apply certain limited procedures to the District's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis. 2) Budgetary comparison schedule The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements,and our auditor's report will not provide an opinion or any assurance on that information: 1) Compliance with FL Statute 218.39(3)(c) Audit Objectives The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented,in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the District and other procedures we consider necessary to enable us to express such opinions.We will issue a written report upon completion of our audit of the District's financial statements.We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs.If our opinion on the financial statements is other than unmodified, we will discuss the reasons with you in advance. If,for any reason,we are unable to complete the audit or are unable to form or have not formed an opinion,we may decline to express an opinion or issue a report, or may withdraw from this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards.The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the District's internal control on compliance, and (2)that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the District is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements. Heritage Bay Community Development District 2 Examination Objective The objective of our examination is the expression of an opinion as to whether the District is in compliance with Florida Statute 218.415 in accordance with Rule 10.556(10) of the Auditor General of the State of Florida. Our examination will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and will include tests of your records and other procedures we consider necessary to enable us to express such an opinion. We will issue a written report upon completion of our examination of the District's compliance.The report will include a statement that the report is intended solely for the information and use of management,those charged with governance, and the Florida Auditor General, and is not intended to be and should not be used by anyone other than these specified parties.We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs. If our opinion on the District's compliance is other than unmodified,we will discuss the reasons with you in advance. If, for any reason,we are unable to complete the examination or are unable to form or have not formed an opinion,we may decline to express an opinion or issue a report, or may withdraw from this engagement. Other Services We will assist in preparing the financial statements and related notes of the District in conformity with U.S. generally accepted accounting principles based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities. Management Responsibilities Management is responsible for compliance with Florida Statute 218.415 and will provide us with the information required for the examination.The accuracy and completeness of such information is also management's responsibility.You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. In addition, you will be required to make certain representations regarding compliance with Florida Statute 218.415 in the management representation letter. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them. Management is responsible for designing, implementing and maintaining effective internal controls, including evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations,contracts, and grant agreements.You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S.generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1)access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2)additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving(1)management, (2)employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees,grantors, regulators,or others. In addition,you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements,performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to the electronic dissemination of audited financial statements,including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and,therefore,we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. Heritage Bay Community Development District 3 Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore,our audit will involve judgment about the number of transactions to be examined and the areas to be tested.An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement,whether from(1)errors, (2)fraudulent financial reporting, (3)misappropriation of assets, or(4)violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions,there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S.generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories,and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements;compliance with laws, regulations,contracts, and grant agreements;and other responsibilities required by generally accepted auditing standards. Audit Procedures—Internal Control Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature,timing,and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed,will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards. Audit Procedures—Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the District's compliance with the provisions of applicable laws, regulations,contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. Engagement Administration, Fees,and Other We understand that your employees will prepare all confirmations we request and will locate any documents selected by us for testing. The audit documentation for this engagement is the property of Grau & Associates and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Grau &Associates personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties.These parties may intend, or decide,to distribute the copies or information contained therein to others, including other governmental agencies. Notwithstanding the foregoing,the parties acknowledge that various documents reviewed or produced during the conduct of the audit may be public records under Florida law. The District agrees to notify Grau & Associates of any public record request it receives that involves audit documentation. Our fee for these services will not exceed$4,900 for the September 30, 2021 audit. We will complete the audit within prescribed statutory deadlines, with the understanding that your employees will provide information needed to perform the audit on a timely basis. Grau &Associates and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees. Grau agrees and acknowledges that the District is a public employer subject to the E-Verify requirements as set forth in Section 448.095, Florida Statutes, and that the provisions of Section 448.095, Florida Statutes apply to this Agreement. If the District has a good faith belief that the Grau has knowingly hired, recruited or referred an alien who is not Heritage Bay Community Development District 4 authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement, the District shall terminate this Agreement. If the District has a good faith belief that a subcontractor performing work under this Agreement knowingly hired, recruited or referred an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States for employment under this Agreement, the District shall promptly notify Grau and order Grau to immediately terminate the contract with the subcontractor. Grau shall be liable for any additional costs incurred by the District as a result of the termination of a contract based on Grau's failure to comply with E-Verify requirements evidenced herein. The audit documentation for this engagement will be retained for a minimum of five years after the report release date. If we are aware that a federal awarding agency or auditee is contesting an audit finding,we will contact the party(ies)contesting the audit finding for guidance prior to destroying the audit documentation. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Invoices will be submitted in sufficient detail to demonstrate compliance with the terms of this agreement. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report.You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination.The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary,we will discuss it with you and arrive at a new fee estimate. This agreement may be renewed each year thereafter subject to the mutual agreement by both parties to all terms and fees. The fee for each annual renewal will be agreed upon separately. The District has the option to terminate this agreement with or without cause by providing thirty (30) days written notice of termination to Grau &Associates. Upon any termination of this agreement, Grau&Associates shall be entitled to payment of all work and/or services rendered up until the effective termination of this agreement,subject to whatever claims or off-sets the District may have against Grau &Associates. We will provide you with a copy of our most recent external peer review report and any letter of comment,and any subsequent peer review reports and letters of comment received during the period of the contract.Our 2019 peer review report accompanies this letter. We appreciate the opportunity to be of service to Heritage Bay Community Development District and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions,please let us know. If you agree with the terms of our engagement as described in this letter,please sign the enclosed copy and return it to us. Very truly yours, Grau&Associates Racquel McIntosh RESPONSE: This letter corr Adset;i4rrh understanding of Heritage Bay Community Development District. By: <( Title: C i /LIK/�/�/ Date: /i/4f 4 Heritage Bay Community Development District 5 F CPA AI C PA ProgramPeer iew t FICPA Peer Review Program AICPA Peer Review Program Administered in Flonda Administered in Honda by The Florida Institute of CPAs by the Florida Institute of CPAs February 20,2020 Antonio Grau Grau&Associates 951 Yamato Rd Ste 280 Boca Raton,FL 33431-1809 Dear Antonio Grau: It is my pleasure to notify you that on February 20, 2020,the Florida Peer Review Committee accepted the report on the most recent System Review of your firm.The due date for your next review is December 31, 2022.This is the date by which all review documents should be completed and submitted to the administering entity. As you know, the report had a peer review rating of pass. The Committee asked me to convey its congratulations to the firm. Thank you for your cooperation. Peer Review Team FICPA Peer Review Committee paul©ficpa.org 800-342-3197 ext.251 Florida Institute of CPAs cc: Daniel Hevia,Racquel McIntosh Firm Number: 900004390114 Review Number: 571202 moo Esplanade Way.Site Mt Tallahassee FL 32311.800.342 3197 in Florida 850.224.2727 Fax:850.222.8190 wvvw.ticpa oiq 951 Yamato Road • Suite 280 Boca Raton, Florida 33431 Grau & Associates (561) 994-9299 • (800) 299-4728 Fax (561) 994-5823 CERTIFIED PUBLIC ACCOUNTANTS www.graucpa.com Addendum to Engagement Letter June 30, 2021 Board of Directors Heritage Bay Community Development District 210 N. University Drive,Suite 702 Coral Springs, FL 33071 This letter serves as an addendum to the engagement letter dated November 17, 2020 and signed on December 29, 2020. The following comment is hereby retracted in its entirety from the above-referenced engagement letter: We will complete the audit within prescribed statutory deadlines, with the understanding that your employees will provide information needed to perform the audit on a timely basis. The following comment is hereby added to and incorporated in the above-referenced engagement letter: We will complete the annual audit by the May Board meeting, with the understanding that your employees will provide preliminary information needed to perform the audit by February and that open items are responded to on a timely basis. Grau &Associates Heritage Bay COMMUNITY DEVELOPMENT DISTRICT Motion: Assigning Fund Balance as of 9/30/21 The Board hereby assigns the FY 2021 Reserves as follows: Operating Reserve $95,050 Reserves-Erosion Control $14,687 Reserves-Lakes $187,500 Reserves-Stormwater System $ 40,220