Agenda 05/14/2024 Item #16F 9 (Waiver for the single-source purchase of wetland mitigation credits for permitting requirements for construction of various Collier County Projects)05/14/2024
EXECUTIVE SUMMARY
Recommendation to authorize a waiver for the single-source purchase of wetland mitigation credits from
Panther Island Mitigation Bank Expansion as necessary for permitting requirements for the construction of
various Collier County projects.
OBJECTIVE: To provide the County the ability to efficiently procure wetland mitigation credits through a
wetland mitigation program established by the State of Florida’s Department of Environmental Protection.
The compliance requirements of the South Florida Water Management District (SFWMD) routinely make necessary
the purchase of wetland mitigation bank credits to address the impacts associated with the existing wetland site
conditions. Available mitigation banks are determined by the Florida Department of Environmental Protection's
permitted service area for each bank and the Uniform Mitigation Assessment Method (UMAM) is used to validate
these credits and the service area must cover the area the project impacts. The requirement is part of the Clean
Water Act, for State Permitting - Part IV chapter 373, Florida Statues (F.S.), and for Federal Permitting - 33 United
States Code (U.S.C.) 1344 apply.
The first project utilizing these credits under this waiver relates to constructing Fire and EMS Staton 74, a facility
shared with two Fire Rescue Agencies in Golden Gate Estates. The facility will have an apparatus bay with five
parking bays and a station house for EMS and Fire Rescue responders. There will be improved response times for
Fire and EMS in the area and the site will provide space for relocated coastal units during storms with the further
benefit of decreased insurance rates for nearby citizens. Beyond the EMS Station 74 project, the waiver will also
cover other county related projects with equivalent permit compliance requirements.
For this project, 1.86 freshwater (wetland) mitigation bank credits are required to complete the permitting
requirements of the South Florida Water Management District (SFWMD) permit (Application Number 220105 -6)
and to address the impacts associated with the existing wetland site conditions. The project will require that 1.86
freshwater forested UMAM mitigation credits be obtained for the project's construction.
On December 28, 2023, the Procurement Services Division issued Notice of Intent (NOI) 24 -063-WV, publicly
advertising Collier County’s intent to designate PIMB as the single source for wetland mitigation credits and award
without competition if it is determined to be in the county's best interest.
On May 3, 2024, the Procurement Services Division again issued a Notice of Intent (NOI) 24 -063-WV, publicly
advertising Collier County’s intent to designate PIMB as the single source for wetland mitigation credits through
May 14, 2028.
Pursuant to Section Eleven, Procurement Methods, subparagraph 10 of the Collier County Procurement Ordinance
2017-08, as amended, the staff is requesting that the Board of County Commissioners find that it is in the county's
best interest to purchase wetland mitigation credits from PIMBE as a County-wide single-source vendor from May
14, 2024, through May 14, 2028.
This item is consistent with the Collier County Strategic Plan's strategic focus areas of Responsible Governance,
Quality of Place, Community Development, and Infrastructure and Asset Management.
FISCAL IMPACT: This action authorizes annual expenditures of up to $2,000,000 for mitigation credits. Future
funding will depend on the Board's approval of each project or program that requires mitigation credits.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form
and legality and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive
Summary.
16.F.9
Packet Pg. 1757
05/14/2024
RECOMMENDATION: Recommendation to authorize a waiver for the single-source purchase of wetland
mitigation credits from Panther Island Mitigation Bank Expansion as necessary for permitting requirements for the
construction of various Collier County projects.
Prepared By: Clint Perryman, Project Manager III, Facilities Management Division
ATTACHMENT(S)
1. Sole Source Waiver Request (Mitigation Credits PIMB) 4.24.24 EMS 74 (PDF)
2. PIMB_Letter_of_Credit_Reservation_03_29_22_-_EMS_74_GGE (PDF)
3. ERP - 210901-7322_Permit (PDF)
16.F.9
Packet Pg. 1758
05/14/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.9
Doc ID: 28692
Item Summary: Recommendation to authorize a waiver for the single-source purchase of wetland mitigation
credits from Panther Island Mitigation Bank Expansion as necessary for permitting requirements for the
construction of various Collier County projects as advertised in (NOI) 24-063-WV and (NOI) 24-063-WV.
Meeting Date: 05/14/2024
Prepared by:
Title: Operations Analyst, Senior – Facilities Management
Name: Bendisa Marku
05/03/2024 1:43 PM
Submitted by:
Title: – Facilities Management
Name: John McCormick
05/03/2024 1:43 PM
Approved By:
Review:
Facilities Management Jennifer Belpedio Manager - Real Property Completed 05/03/2024 5:44 PM
Facilities Management Tony Barone Other Reviewer Completed 05/06/2024 5:53 PM
Facilities Management Clinton Perryman Other Reviewer Completed 05/07/2024 11:06 AM
Facilities Management John McCormick Director - Facilities Completed 05/07/2024 3:18 PM
Engineering and Project Management Matthew McLean PUD Reviewer Completed 05/08/2024 8:29 AM
Procurement Services Geoffrey Willig Level 1 Purchasing Gatekeeper Skipped 05/08/2024 12:05 PM
Procurement Services Sandra Srnka Procurement Director Review Completed 05/08/2024 12:11 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/08/2024 12:31 PM
Office of Management and Budget Laura Zautcke OMB Reviewer Completed 05/08/2024 2:31 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/08/2024 2:56 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/08/2024 3:37 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM
16.F.9
Packet Pg. 1759
WAIVER REQUEST FORM
Instruc�ons: The Procurement Ordinance, 17-08, as amended, Sec�on Eleven, Procurement Methods, defines single
and sole source. Complete this form for purchases greater than $3,000 and provide the suppor�ng documenta�on to
the Procurement Services Division. Waiver requests greater than $50,000 will require approval by the Board of
County Commissioners. Complete all sec�ons of this form prior to submi�ng it to Procurement.
Defini�ons:
•Single source refers to a procurement directed to one source because of standardiza�on, warranty, or other
factors, even though other compe��ve sources may be available.
•Sole source refers to a procurement where the selec�on of one par�cular supplier to the exclusion of all others
may be based on a lack of compe��on, proprietary technology, copyright, warranty, or a supplier’s unique
capability.
SECTION ONE
Requester Name: Division:
Item/Service: Vendor Name:
SECTION TWO
Historical Countywide
Spend:
Requested Date Range: Not to Exceed Amount
Per Fiscal Year:
Is there an agreement
associated with this waiver to
be reviewed by Contracts?
Yes No
SECTION THREE
Quote/Proposal: Yes No
If yes, atach.
Agreement/Terms & Condi�ons: Yes No
If yes, atach.
SECTION FOUR
Sole Source Single Source One Time Purchase Mul�ple Purchases
SECTION FIVE
Descrip�on of Purchase. Enter a descrip�on of the item(s) that will be purchased under this waiver.
Purpose. Describe in detail the public purpose of the requested item(s) and why it is essen�al to County opera�ons.
Page 1 of 4
Revised 9/2023
16.F.9.a
Packet Pg. 1760 Attachment: Sole Source Waiver Request (Mitigation Credits PIMB) 4.24.24 EMS 74 (28692 : Wetland mitigation credits from Panther Island
WAIVER REQUEST FORM Page 2 of 4
Revised 9/2023
SECTION SIX
Informa�on Technology. Select Yes if the products/services are related to Informa�on Technology. If yes, provide the
Purchasing Compliance Code (PCC) number or email approval documenta�on.
Yes No If yes, provide the PCC number:
SECTION SEVEN
Jus�fica�on. Iden�fy the criteria that qualifies this purchase as a sole or single source. Check all that apply (if a box is
checked, make sure to provide an explana�on below):
Sole Source
Only Authorized Vendor or Distributor. Is this vendor the only vendor authorized to sell this product/service?
If yes, explain below and provide documenta�on from the manufacturer confirming claims made by the
distributors.
No Comparable Product or Service. Is there another vendor who can provide a similar product/service,
regardless of cost, convenience, �meliness, etc.?
Product Compa�bility. Does this product/service provide compa�bility with exis�ng equipment that prohibits
switching to another comparable brand/vendor? If yes, provide the detailed explana�on below, including what
would occur if the other brand/vendor were used.
Proprietary. Is this product/service proprietary? If yes, provide a detailed explana�on below on how its use is
restricted by patent, copyright, or other applicable laws and provide documenta�on valida�ng that claim.
Single Source
Standardiza�on. Is this product/service part of a purchase that the County has already standardized on? If yes,
please provide detailed informa�on below.
Date of BCC Standardiza�on: BCC Agenda Item Number:
Warranty. Is this the only vendor able to complete factory-authorized warranty services on County owned
equipment? If yes, provide the documenta�on verifying the warranty.
Geographic Territory. Is this vendor the only vendor authorized to sell this product/service in our region? If
yes, provide documenta�on from the manufacturer confirming those claims.
Other Factors. Any other reason not listed above. Explain below.
Explain. How does this purchase meet the iden�fied sole or single source criteria checked above?
16.F.9.a
Packet Pg. 1761 Attachment: Sole Source Waiver Request (Mitigation Credits PIMB) 4.24.24 EMS 74 (28692 : Wetland mitigation credits from Panther Island
WAIVER REQUEST FORM Page 3 of 4
Revised 9/2023
How was the decision made to use this vendor? Describe in detail if a formal standardiza�on process was performed
via Procurement or if there is a historical precedence established for the use of the product, please explain purchase,
and use history and the current level of County investment in the product.
Explain why it is in the County’s best interest to use this product/service rather than issuing a compe��ve solicita�on.
What are the benefits from the con�nued use? Are there costs that would be incurred if a different vendor/product
was used? What would occur if another brand/vendor was used?
Explain how the pricing compares to other vendors/products and is it considered to be fair and reasonable. Provide
informa�on of historical use and whether pricing has increased/decreased. If sole source and no other product is
available, provide the cost for addressing the needs via an alternate approach.
Will this purchase obligate the County to future ancillary products or services, either in terms of maintenance or
standardiza�on? If yes, explain what types.
Yes No
16.F.9.a
Packet Pg. 1762 Attachment: Sole Source Waiver Request (Mitigation Credits PIMB) 4.24.24 EMS 74 (28692 : Wetland mitigation credits from Panther Island
WAIVER REQUEST FORM Page 4 of 4
Revised 1/2024
Market research and market alterna�ves. When was the last �me a market evalua�on was performed to determine if
either the technology or vendor offerings have changed? Based on the life expectancy of the product, when do you
an�cipate evalua�ng the market again? Atach a detailed market evalua�on report if the complexity, dura�on, and dollar
amount of the purchase will be a high risk to the County.
It is a felony to knowingly circumvent a compe��ve process for commodi�es or services by fraudulently specifying
sole source. Florida Statute 838.22(2).
SECTION EIGHT
Requested by: Signature:
Division Director: Signature:
Department Head (Required if over $50,000): Signature:
Procurement Strategist: Signature:
Procurement Director (or designee): Signature:
Procurement Use Only
Date Adver�sed:
Date of Recommending
Designa�on:
Date of Designa�on
Denied:
Approved For:
Start Date:
End Date:
Approved by Board:
Date:
Agenda#:
Contract #:
Contract Not Applicable
Waiver #:
16.F.9.a
Packet Pg. 1763 Attachment: Sole Source Waiver Request (Mitigation Credits PIMB) 4.24.24 EMS 74 (28692 : Wetland mitigation credits from Panther Island
151 North Nob Hill Road, Suite 458
Plantation, Florida 33324
Telephone 954.642.2427 888.301.1707
Fax 866.433.4057
March 29, 2022
Ms. Laura Layman
Section Leader - Regulation
South Florida Water Management District
2301 McGregor Boulevard
Fort Myers, FL 33901
Re: SFWMD Permit Application No. 210901-7322
Project: EMS 74 Golden Gate Estates
Panther Island Mitigation Bank Letter of Credit Reservation
Dear Ms. Layman:
This is to confirm that Collier County Board of County Commissioners is purchasing 1.86 UMAM
freshwater forested mitigation bank credits from the Panther Island Mitigation Bank Expansion for
the above referenced project. These credits are reserved accordingly.
Please do not hesitate to call if you have any questions or need further information.
Sincerely,
Desmond Duke
cc: Emma Berger, SFWMD
Tony Barone, Collier County Government
Lisa Giordano, Delisi Fitzgerald, Inc.
Barrett Stejskal, BearPaws Environmental Consulting
16.F.9.b
Packet Pg. 1764 Attachment: PIMB_Letter_of_Credit_Reservation_03_29_22_-_EMS_74_GGE (28692 : Wetland mitigation credits from Panther Island Mitigation
South Florida Water Management District
Individual Environmental Resource Permit No. 11-105747-P
Date Issued: May 26, 2022
Permittee:Collier County Board of County Commissioners
3335 Tamiami Trail, Suite 101
Naples, FL 34112
Project:
EMS 74 Golden Gate Estates
Application No. 210901-7322
Location:Collier County, See Exhibit 1
Your application for an Individual Environmental Resource Permit is approved.This action is taken based
on Chapter 373,Part IV,of Florida Statutes (F.S.)and the rules in Chapter 62-330,Florida Administrative
Code (F.A.C.).Unless otherwise stated,this permit constitutes certification of compliance with state water
quality standards under section 401 of the Clean Water Act,33 U.S.C.1341, and a finding of consistency
with the Florida Coastal Management Program. Please read this entire agency action thoroughly and
understand its contents.
This permit is subject to:
Not receiving a filed request for a Chapter 120, F.S., administrative hearing.
The attached General Conditions for Environmental Resource Permits.
The attached Special Conditions.
All referenced Exhibits.
All documents are available online through the District's ePermitting site at www.sfwmd.gov/ePermitting.
If 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 District's action.
The District does not publish notices of action.If you wish to limit the time within which a person may
request an administrative hearing regarding this action,you are encouraged to publish,at your own
expense,a notice of agency action in the legal advertisement section of a newspaper of general circulation
in the county or counties where the activity will occur.Legal requirements and instructions for publishing a
notice of agency action,as well as a noticing format that can be used,are available upon request.If you
publish a notice of agency action,please send a copy of the affidavit of publication provided by the
newspaper to the District's West Palm Beach office for retention in this file.
If you have any questions regarding your permit or need any other information,please call us at
1-800-432-2045 or email epermits@sfwmd.gov.
Melissa M. Lawrence, P.E.
Bureau Chief, Environmental Resource Bureau
Permit No: 11-105747-P, Page 1 of 18
16.F.9.c
Packet Pg. 1765 Attachment: ERP - 210901-7322_Permit (28692 : Wetland mitigation credits from Panther Island Mitigation Bank Expansion)
South Florida Water Management District
Individual Environmental Resource Permit No. 11-105747-P
Date Issued: May 26, 2022 Expiration Date: May 26, 2027
Project Name:EMS 74 Golden Gate Estates
Permittee:Collier County Board of County Commissioners
3335 Tamiami Trail, Suite 101
Naples, FL 34112
Operating Entity: Collier County Board of County Commissioners
3335 Tamiami Trail, Suite 101
Naples, FL 34112
Location:
Collier County
Permit Acres:
5.46 acres
Project Land Use:
Government or Institutional
Special Drainage District:
N/A
Water Body Classification:
CLASS III
FDEP Water Body ID:
3278H
Wetland and Surface Water Impacts:
2.7 acres
Conservation Easement to District:
No
Sovereign Submerged Lands: No
Project Summary
This Environmental Resource Permit authorizes Construction and Operation of a stormwater
management (SWM)system serving 5.46 acres of a project known as EMS 74 Golden Gate
Estates.
This permit authorizes the construction of an EMS/Fire/Sheriff station with associated
infrastructure. The 5.46-acre site features a total of 2.23 acres outside the SWM system that
consists of two (2)public ROW areas abutting the Golden Gate Boulevard East and Desoto
Boulevard South. Site plans and details are attached as Exhibit No. 2.0.
Issuance of this permit constitutes certification of compliance with state water quality standards in
accordance with Rule 62-330.062, F.A.C.
Site Description
The 5.46-acre site is vacant land and is located at the intersection of Golden Gate Boulevard East
and Desoto Boulevard South,in Collier County,Florida.Refer to Exhibit No.1.0 for a location
map.
For information on wetland and surface water impacts,please see the Wetlands and Other
Surface Water section of this permit.
Permit No: 11-105747-P, Page 2 of 18
16.F.9.c
Packet Pg. 1766 Attachment: ERP - 210901-7322_Permit (28692 : Wetland mitigation credits from Panther Island Mitigation Bank Expansion)
Ownership, Operation and Maintenance
Perpetual operation and maintenance of the SWM system will be the responsibility of Collier
County Board of County Commissioners.Upon conveyance or division of ownership or control of
the property or the system,the permittee must notify the Agency in writing within 30 days,and the
new owner must request transfer of the permit.
Engineering Evaluation:
Land Use
The land use for the permit area is shown in the table below.
Water Quality
The project is located within a watershed identified by the Florida Department of Environmental
Protection as impaired for nutrients;therefore,the design includes a site-specific pollutant loading
analysis and an additional 50%water quality treatment volume above the amounts required
pursuant to Section 4.2.1,Volume II,as reasonable assurances that the projects discharge will not
cause or contribute to violations of State water quality standards.The project provides 0.33 ac-ft
of water quality treatment,including compensatory water quality treatment for the offsite
impervious area.
The project includes implementation of a Turbidity and Erosion Control Plan (Exhibit No.2.0),a
Construction Stormwater Pollution Prevention Plan (Exhibit No.2.1)and an Urban Stormwater
Management Program (Exhibit No.2.2)as additional reasonable assurance of compliance with
water quality criteria during construction and operation.
Discharge
As found in the Water Quantity table below,the project discharge is based on the minimum size
bleeder.
Parking Lot Design
As found in the Water Quantity table below,the minimum parking lot elevations have been set at
or above the calculated design storm flood elevation.
Road Design
As found in the Water Quantity table below,the minimum road center line elevations have been
set at or above the calculated design storm flood elevation.
Perimeter Berm
As found in the Water Quantity table below,the minimum perimeter berm elevation has been set
at or above the calculated design storm flood elevation.
Finished Floors
As found in the Water Quantity table below,the minimum finished floor elevations have been set
at or above the calculated design storm flood elevation.
Flood Plain/Compensating Storage
The project area is located within a FEMA designated Special Flood Hazard Area.The project
areas that lie within Panel 12021C0435H is designated as Zone AH,with Base Flood Elevation
of 13.0 FT-NAVD.The applicant's engineer of record has demonstrated through floodplain/historic
storage calculations that the project will not cause adverse impacts to the floodplain.The
proposed perimeter berm has been raised above the peak stage of the 25 year storm event to
maintain the same discharge volume as the discharge volume anticipated in the pre-development
condition.
Certification, Operation, and Maintenance
Pursuant to Chapter 62-330.310,F.A.C.,Individual Permits will not be converted from the
construction phase to the operation phase until construction completion certification of the project
Permit No: 11-105747-P, Page 3 of 18
16.F.9.c
Packet Pg. 1767 Attachment: ERP - 210901-7322_Permit (28692 : Wetland mitigation credits from Panther Island Mitigation Bank Expansion)
is submitted to and accepted by the District.This includes compliance with all permit conditions,
except for any long term maintenance and monitoring requirements.It is suggested that the
permittee retain the services of an appropriate professional registered in the State of Florida for
periodic observation of construction of the project.
For projects permitted with an operating entity that is different from the permittee,it should be
noted that until the construction completion certification is accepted by the District and the permit
is transferred to an acceptable operating entity pursuant to Sections 12.1-12.3 of the Applicant's
Handbook Volume I and Section 62-330.310,F.A.C.,the permittee is liable for operation and
maintenance in compliance with the terms and conditions of this permit.
In accordance with Section 373.416(2),F.S.,unless revoked or abandoned,all SWM systems and
works permitted under Part IV of Chapter 373,F.S.,must be operated and maintained in
perpetuity.
The efficiency of SWM systems,dams,impoundments,and most other project components will
decrease over time without periodic maintenance.The operation and maintenance entity must
perform periodic inspections to identify if there are any deficiencies in structural integrity,
degradation due to insufficient maintenance,or improper operation of projects that may endanger
public health,safety,or welfare,or the water resources.If deficiencies are found,the operation
and maintenance entity is responsible for correcting the deficiencies in a timely manner to prevent
compromises to flood protection and water quality.See Section 12.4 of the Applicant's Handbook
Volume I for Minimum Operation and Maintenance Standards.
Permit No: 11-105747-P, Page 4 of 18
16.F.9.c
Packet Pg. 1768 Attachment: ERP - 210901-7322_Permit (28692 : Wetland mitigation credits from Panther Island Mitigation Bank Expansion)
Engineering Evaluation Tables:
Land Use
Basin Land
Type Area (ac)% of Total
Basin
1
Building Coverage 0.34 10.53
Dry Detention Areas 0.67 20.74
Pavement 1.04 32.20
Pervious 1.18 36.53
Total:3.23 100%
Outside SWM system
ROW impervious 0.12 5.38
Pervious 1.69 75.78
Preserved 0.42 18.83
Total:2.23 100%
TOTAL
Total 5.46 100.00
Total:5.46 100%
Water Quality
Basin Treatment
Type
Treatment
System
Volume
Required
(ac-ft)
Volume
Provided
(ac-ft)
1 Treatment DRY DETENTION 0.30 0.33
Water Quantity
Basin Elevation
Type
Storm
Event
(Yr/Day)
Precipitation
Depth (in)
Peak Stage (ft
NAVD88)
Min. EL (ft
NAVD88)
Peak
Discharge
Rate (cfs)
Allowable
Discharge Rate
(cfs)
1
Finished Floor 100Y3D 13.00 15.32 15.85 N/A N/A
Perimeter
Berm/
Discharge
25YR3D 10.00 14.49 14.61 0.32 0.29
Road Crown 25YR3D 10.00 14.49 14.50 N/A N/A
Parking Lot 10YR1D 6.00 13.50 13.85 N/A N/A
Bleeder
Basin Control EL (ft
NAVD88)
Structure
#
Structure
Type Count Type Dia.(in)Invert EL (ft
NAVD88)
Receiving
Body
1 11.85 CS#1 Other 1 Circular
Orifice 3.00 11.85 Existing swale
Inlets
Basin Structure
#
Structure
Type Count Type Length
(in)
Width
(in)
Crest EL (ft
NAVD88)
Receiving
Body
1 CS#1 Emergency 1 FDOT MOD C DROP
INLET 37.0 24.0 14.61 Existing swale
Culvert
Basin Control EL (ft
NAVD88)
Structure
#
Structure
Type Count Dia.(in)Length
(ft)Material Receiving
Body
1 11.85 CS#1 Discharge 1 15.00 140.0 Reinforced Concrete
Pipe Existing swale
Permit No: 11-105747-P, Page 5 of 18
16.F.9.c
Packet Pg. 1769 Attachment: ERP - 210901-7322_Permit (28692 : Wetland mitigation credits from Panther Island Mitigation Bank Expansion)
Environmental Evaluation:
Wetlands and Other Surface Waters
The project site (construction footprint)contains 3.01 acres of wetlands. The wetlands can
generally be described as freshwater forested consisting of cypress,pine,and cabbage palm
(FLUCCS 624)with varying exotic coverage between 25 percent and 50 percent.Please refer to
Exhibit 3.0 for the FLUCCS map. There are other wetlands located outside the project area but
within the overall permit area that were addressed in other permits.These areas are discussed
below.
The project will result in 2.70 acres of direct wetland impacts.Secondary impacts
include 0.24 acres of wetlands located on the eastern side of the project outside of the project
boundary, and 0.31 acres of wetlands located on the western side of the project,totalling 0.55
acres.Secondary impacts were considered 100%impacted due to the lack of sufficient native
upland buffer,and due to the small size and isolated nature of the 0.31-acre proposed wetland
preserve on the western side of the project. The eastern portion of the project,outside of the
project construction footprint, was previously permitted for secondary wetland impacts and is
depicted as the right-of-way (ROW)in Exhibit 3.0.These impacts were authorized and mitigated
for under Application No.100623-14,Permit No.11-01770-P for the Widening of Golden Gate
Boulevard from Wilson to Desoto.The wetland area was previously identified as Wetland No.
2. Please refer to Exhibit 3.1 for the location of the wetlands to be impacted.The project acreage
is 5.46 acres with 3.01 acres of wetlands.Therefore,design modifications to reduce or eliminate
wetland impacts for the submitted plans was not considered practicable,pursuant to Section
10.2.1.1 of the Applicant's Handbook, Volume I.
To mitigate for the direct and secondary wetland impacts,the applicant will purchase
1.86 freshwater forested mitigation credits at Panther Island Mitigation Bank,as depicted in
Exhibit 3.2.The amount of required mitigation was determined using the Uniform Mitigation
Assessment Method in Chapter 62-345,F.A.C. Please refer to the ePermitting file for the final
scores.The proposed mitigation is located within the same basin as the impacts,therefore
pursuant to Section 10.2.8 of Volume I,the project will not result in unacceptable cumulative
impacts to the West Collier Basin.
Fish, Wildlife, and Listed Species
The project site does not contain significant habitat for wetland-dependent endangered or
threatened wildlife species,or species of special concern.No wetland-dependent endangered or
threatened species or species of special concern were observed onsite.The submitted wildlife
survey from April 2021 indicates that potential use of the site by such species is minimal.No nest-
like structures or tree cavities were noted during the suvery.
This permit does not relieve the applicant from complying with all applicable rules and any other
agencies'requirements if,in the future,endangered or threatened species or species of special
concern are discovered on the site.
Permit No: 11-105747-P, Page 6 of 18
16.F.9.c
Packet Pg. 1770 Attachment: ERP - 210901-7322_Permit (28692 : Wetland mitigation credits from Panther Island Mitigation Bank Expansion)
Environmental Evaluation Tables:
Summary
Wetlands and Other Surface Waters: 3.25 acres
Direct Impacts: 2.7 acres
Secondary impacts: 0.55 acres
Net UMAM Functional Loss/ Gain: 0 units
Total Onsite Mitigation Area: 0 acres
Total Offsite Mitigation Area: 0 acres
Total Mitigation Bank Credits Provided
Mitigation Bank Type Total Credits
Panther Island Expansion FF 1.85
Total:1.85
EMS 74 Golden Gate Estates
Activities in Wetlands or Other Surface Waters, With Mitigation at a Bank
ID Acres Community
Description Bank Name Method Current
Score
With
Score
Ratio or Add'l
factor
Minimum Credits
Needed
Wetland
1 2.7 Cypress - Pine -
Cabbage Palm
Panther Island
Expansion UMAM 0.567 0 1 1.53
Wetland
2a 0.31 Cypress - Pine -
Cabbage Palm
Panther Island
Expansion UMAM 0.567 0 1 0.18
Wetland
2b 0.24 Cypress - Pine -
Cabbage Palm
Panther Island
Expansion UMAM 0.567 0 1 0.14
Total:3.25
Permit No: 11-105747-P, Page 7 of 18
16.F.9.c
Packet Pg. 1771 Attachment: ERP - 210901-7322_Permit (28692 : Wetland mitigation credits from Panther Island Mitigation Bank Expansion)
Related Concerns:
Water Use Permit Status
The applicant has indicated that the public water supply and source of irrigation will by provided by
the Lower Tamiami Aquifer through Noticed General Permit No.11-04230-W (Application No.
220105-6), issued on January 10, 2022.
The applicant has indicated that dewatering is not anticipated for construction of this project.
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. Please refer to Special Condition 7.
Historical/ Archeological Resources
On September 10,2021, the District received correspondence from the Florida Department of
State,Division of Historical Resources indicating that no significant archaeological or historical
resources are recorded on the project site;therefore,the project is unlikely to have an effect upon
any such resources.
This permit does not release the permittee from complying with any other agencies requirements
in the event that historical and/or archaeological resources are found on the site.
Permit No: 11-105747-P, Page 8 of 18
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General Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1. All activities shall be implemented following the plans,specifications and performance criteria
approved by this permit.Any deviations must be authorized in a permit modification in
accordance with rule 62-330.315,F.A.C.Any deviations that are not so authorized may subject
the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.
2. A complete copy of this permit shall be kept at the work site of the permitted activity during the
construction phase,and shall be available for review at the work site upon request by the
Agency staff.The permittee shall require the contractor to review the complete permit prior to
beginning construction.
3. Activities shall be conducted in a manner that does not cause or contribute to violations of state
water quality standards.Performance-based erosion and sediment control best management
practices shall be installed immediately prior to,and be maintained during and after construction
as needed,to prevent adverse impacts to the water resources and adjacent lands.Such
practices shall be in accordance with the State of Florida Erosion and Sediment Control
Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida
Department of Transportation,June 2007),and the Florida Stormwater Erosion and
Sedimentation Control Inspector’s Manual (Florida Department of Environmental Protection,
Nonpoint Source Management Section,Tallahassee,Florida,July 2008),which are both
incorporated by reference in subparagraph 62-330.050(9)(b)5.,F.A.C.,unless a project-specific
erosion and sediment control plan is approved or other water quality control measures are
required as part of the permit.
4. At least 48 hours prior to beginning the authorized activities,the permittee shall submit to the
Agency a fully executed Form 62-330.350(1),“Construction Commencement Notice,”(October
1,2013),(http://www.flrules.org/Gateway/reference.asp?No=Ref-02505),incorporated by
reference herein,indicating the expected start and completion dates.A copy of this form may be
obtained from the Agency,as described in subsection 62-330.010(5),F.A.C.,and shall be
submitted electronically or by mail to the Agency.However,for activities involving more than
one acre of construction that also require a NPDES stormwater construction general permit,
submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large
and Small Construction Activities,DEP Form 62-621.300(4)(b),shall also serve as notice of
commencement of construction under this chapter and,in such a case,submittal of Form
62-330.350(1) is not required.
5. Unless the permit is transferred under rule 62-330.340,F.A.C.,or transferred to an operating
entity under rule 62-330.310,F.A.C.,the permittee is liable to comply with the plans,terms,and
conditions of the permit for the life of the project or activity.
6. Within 30 days after completing construction of the entire project,or any independent portion of
the project, the permittee shall provide the following to the Agency, as applicable:
a.For an individual,private single-family residential dwelling unit,duplex,triplex,or quadruplex-
"Construction Completion and Inspection Certification for Activities Associated With a Private
Single-Family Dwelling Unit"[Form 62-330.310(3)]; or
b.For all other activities-"As-Built Certification and Request for Conversion to Operational
Phase" [Form 62-330.310(1)].
c.If available,an Agency website that fulfills this certification requirement may be used in lieu of
the form.
7. If the final operation and maintenance entity is a third party:
a.Prior to sales of any lot or unit served by the activity and within one year of permit issuance,
or within 30 days of as-built certification,whichever comes first,the permittee shall submit,as
Permit No: 11-105747-P, Page 9 of 18
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applicable,a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4
of Volume I)as filed with the Florida Department of State,Division of Corporations,and a copy
of any easement,plat,or deed restriction needed to operate or maintain the project,as recorded
with the Clerk of the Court in the County in which the activity is located.
b.Within 30 days of submittal of the as-built certification,the permittee shall submit “Request
for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance
Entity”[Form 62-330.310(2)]to transfer the permit to the operation and maintenance entity,
along with the documentation requested in the form.If available,an Agency website that fulfills
this transfer requirement may be used in lieu of the form.
8. The permittee shall notify the Agency in writing of changes required by any other regulatory
agency that require changes to the permitted activity,and any required modification of this
permit must be obtained prior to implementing the changes.
9. This permit does not:
a.Convey to the permittee any property rights or privileges,or any other rights or privileges
other than those specified herein or in Chapter 62-330, F.A.C.;
b. Convey to the permittee or create in the permittee any interest in real property;
c.Relieve the permittee from the need to obtain and comply with any other required federal,
state, and local authorization, law, rule, or ordinance; or
d.Authorize any entrance upon or work on property that is not owned,held in easement,or
controlled by the permittee.
10. Prior to conducting any activities on state-owned submerged lands or other lands of the state,
title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund,the
permittee must receive all necessary approvals and authorizations under Chapters 253 and
258,F.S.Written authorization that requires formal execution by the Board of Trustees of the
Internal Improvement Trust Fund shall not be considered received until it has been fully
executed.
11. The permittee shall hold and save the Agency harmless from any and all damages,claims,or
liabilities that may arise by reason of the construction,alteration,operation,maintenance,
removal, abandonment or use of any project authorized by the permit.
12. The permittee shall notify the Agency in writing:
a. Immediately if any previously submitted information is discovered to be inaccurate; and
b.Within 30 days of any conveyance or division of ownership or control of the property or the
system,other than conveyance via a long-term lease,and the new owner shall request transfer
of the permit in accordance with Rule 62-330.340,F.A.C.This does not apply to the sale of lots
or units in residential or commercial subdivisions or condominiums where the stormwater
management system has been completed and converted to the operation phase.
13. Upon reasonable notice to the permittee,Agency staff with proper identification shall have
permission to enter,inspect,sample and test the project or activities to ensure conformity with
the plans and specifications authorized in the permit.
14. If prehistoric or historic artifacts,such as pottery or ceramics,projectile points,stone tools,
dugout canoes,metal implements,historic building materials,or any other physical remains
that could be associated with Native American,early European,or American settlement are
encountered at any time within the project site area,the permitted project shall cease all
activities involving subsurface disturbance in the vicinity of the discovery.The permittee or
other designee shall contact the Florida Department of State,Division of Historical Resources,
Compliance Review Section (DHR),at (850)245-6333,as well as the appropriate permitting
agency office.Project activities shall not resume without verbal or written authorization from
Permit No: 11-105747-P, Page 10 of 18
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the Division of Historical Resources.If unmarked human remains are encountered,all work
shall stop immediately and the proper authorities notified in accordance with section 872.05,
F.S.For project activities subject to prior consultation with the DHR and as an alternative to the
above requirements,the permittee may follow procedures for unanticipated discoveries as set
forth within a cultural resources assessment survey determined complete and sufficient by
DHR and included as a specific permit condition herein.
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 Rule
62-330.201, F.A.C., provides otherwise.
16. The permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris.Removed materials shall be
disposed of in a landfill or other uplands in a manner that does not require a permit under
Chapter 62-330, F.A.C., or cause violations of state water quality standards.
17. This permit is issued based on the applicant's submitted information that reasonably
demonstrates that adverse water resource-related impacts will not be caused by the completed
permit activity.If any adverse impacts result,the Agency will require the permittee to eliminate
the cause,obtain any necessary permit modification,and take any necessary corrective
actions to resolve the adverse impacts.
18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public
records in accordance with Rule 62-330.090(7),F.A.C.Such notice is not an encumbrance
upon the property.
Permit No: 11-105747-P, Page 11 of 18
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Special Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1.The construction authorization for this permit shall expire on the date shown on page 2.
2.Operation and maintenance of the stormwater management system shall be the responsibility of
Collier County Board of County Commissioners.The permittee shall notify the Agency in writing
within 30 days of any conveyance or division of ownership or control of the property of the
system,and the new owner must request transfer of the permit in accordance with Rule
62-330.340, F.A.C.
3.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.
4.Prior to any future construction,the permittee shall apply for and receive an Individual ERP.As
part of the permit application,the applicant for that phase shall provide documentation verifying
that the proposed construction is consistent with the design of the master stormwater
management system, including the land use and site grading assumptions.
5.Prior to initiating construction activities associated with this Environmental Resource Permit
(ERP),the permittee is required to hold a pre-construction meeting with field representatives,
consultants,contractors,District Environmental Resource Bureau (ERB)staff,and any other
local government entities as necessary.The purpose of the pre-construction meeting is to
discuss construction methods,sequencing,best management practices,identify work areas,
staking and roping of preserves where applicable,and to facilitate coordination and assistance
amongst relevant parties.To schedule a pre-construction meeting,please contact ERB staff from
the Fort Myers Service Center at (239)338-2929 or via e-mail at:pre-con@sfwmd.gov.When
sending a request for a pre-construction meeting,please include the application number,permit
number, and contact name and phone number.
6.This permit does not authorize the permittee to cause any adverse impact to or “take”of state
listed species and other regulated species of fish and wildlife.Compliance with state laws
regulating the take of fish and wildlife is the responsibility of the owner or applicant associated
with this project.Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions
of “take”and a list of fish and wildlife species.If listed species are observed onsite,FWC staff
are available to provide decision support information or assist in obtaining the appropriate FWC
permits.Most marine endangered and threatened species are statutorily protected and a “take”
permit cannot be issued.Requests for further information or review can be sent to:
FWCConservationPlanningServices@MyFWC.com.
7.Prior to any construction dewatering,a Consumptive Use permit for dewatering shall be obtained
or demonstration that the work qualifies for the permit by rule under Rule 40E-2.061,F.A.C.shall
be provided.
Permit No: 11-105747-P, Page 12 of 18
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8.Prior to commencement of construction,and in accordance with the work schedule herein,the
permittee shall submit documentation from Panther Island Mitigation Bank Expansion
indicating that 1.86 freshwater forested UMAM mitigation credits for this project have been paid
for in full and deducted from the Panther Island Mitigation Bank Expansion's ledger.
Permit No: 11-105747-P, Page 13 of 18
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Project Work Schedule for Permit No. 11-105747-P
The following activities are requirements of this Permit and shall be completed in accordance with the
Project Work Schedule below.Please refer to General Conditions,Special Conditions and/or Specific
Conditions for more information.Any deviation from these time frames will require prior approval from the
District’s Environmental Resources Bureau and may require a minor modification to this permit.Such
requests must be made in writing and shall include:(1)reason for the change,(2)proposed start/finish
and/or completion dates, and (3) progress report on the status of the project.
Condition
No.
Date
Added Description (Application Number)Due Date Date
Satisfied
GC 4 05/26/2022 Construction Commencement Notice Prior to Construction
GC 6 05/26/2022 Submit Certification 30 Days After Construction
Completion
GC 7 05/26/2022 Submit Operation Transfer Request Within 30 days of Certification
SC 5 05/26/2022 Pre-Construction Meeting Prior to Construction
SC 8 05/26/2022 Submit Mitigation Bank Ledger
Documentation 06/25/2022
GC = General Condition
SC = Special Condition
Permit No: 11-105747-P, Page 14 of 18
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Distribution List
Ed Finn, Collier County Board of County Commissioners
John Wojdak, Delisi Fitzgerald Inc
Audubon of Florida
Florida Department of Environmental Protection
US Army Corps of Engineers - Permit Section
Permit No: 11-105747-P, Page 15 of 18
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Exhibits
The following exhibits to this permit are incorporated by reference.The exhibits can be viewed by
clicking on the links below or by visiting the District's ePermitting website at
http://my.sfwmd.gov/ePermitting and searching under this application number 210901-7322 .
Exhibit No. 1.0 Location Map
Exhibit No. 2.0 Plans
Exhibit No. 2.1 Construction Stormwater Pollution Prevention Plan
Exhibit No. 2.2 Urban Stormwater Management Program
Exhibit No. 3.0 FLUCCS Map
Exhibit No. 3.1 Impact Map
Exhibit No. 3.2 Letter of Reservation
Permit No: 11-105747-P, Page 16 of 18
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NOTICE OF RIGHTS
As required by Chapter 120,Florida Statutes,the following provides notice of the opportunities
which may be available for administrative hearing pursuant to Sections 120.569 and 120.57,
Florida Statutes,or judicial review pursuant to Section 120.68,Florida Statutes,when the
substantial interests of a party are determined by an agency. Please note that this Notice of
Rights is not intended to provide legal advice. Some of the legal proceedings detailed below
may not be applicable or appropriate for your situation. You may wish to consult an attorney
regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water
Management District’s (District)action has the right to request an administrative hearing on
that action pursuant to Sections 120.569 and 120.57,Florida Statutes. Persons seeking a
hearing on a District decision which affects or may affect their substantial interests shall file a
petition for hearing in accordance with the filing instructions set forth herein within 21 days of
receipt of written notice of the decision unless one of the following shorter time periods apply:
(1)within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed
applications for environmental resource permits and use of sovereign submerged lands
pursuant to Section 373.427,Florida Statutes;or (2)within 14 days of service of an
Administrative Order pursuant to Section 373.119(1),Florida Statutes. "Receipt of written
notice of agency decision"means receipt of written notice through mail,electronic mail,posting,
or publication that the District has taken or intends to take final agency action. Any person who
receives written notice of a District decision and fails to file a written request for hearing within
the timeframe described above waives the right to request a hearing on that decision.
If the District takes final agency action that materially differs from the noticed intended agency
decision,persons who may be substantially affected shall,unless otherwise provided by law,
have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2),Florida
Statutes,shall comply therewith immediately,but on petition to the board shall be afforded a
hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The District may grant
the request for good cause. Requests for extension of time must be filed with the District prior
to the deadline for filing a petition for hearing. Such requests for extension shall contain a
certificate that the moving party has consulted with all other parties concerning the extension
and whether the District and any other parties agree to or oppose the extension. A timely
request for an extension of time shall toll the running of the time period for filing a petition until
the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk. Filings
with the Office of the District Clerk may be made by mail,hand-delivery,or e-mail. Filings by
facsimile will not be accepted. A petition for administrative hearing or other document is
deemed filed upon receipt during normal business hours by the Office of the District Clerk at
the District’s headquarters in West Palm Beach,Florida. The District’s normal business hours
are 8:00 a.m.–5:00 p.m.,excluding weekends and District holidays. Any document received
by the Office of the District Clerk after 5:00 p.m.shall be deemed filed as of 8:00 a.m.on the
next regular business day.
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Additional filing instructions are as follows:
Filings by mail must be addressed to the Office of the District Clerk,3301 Gun Club Road,
West Palm Beach, Florida 33406.
Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a
petition to the District's security desk does not constitute filing. It will be necessary to
request that the District's security officer contact the Office of the District Clerk. An
employee of the District's Clerk's office will receive and process the petition.
Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov.
The filing date for a document transmitted by electronic mail shall be the date the Office of
the District Clerk receives the complete document.
INITIATION OF ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4.and 120.569(2)(c),Florida Statutes,and Rules 28-106.201
and 28-106.301,Florida Administrative Code,initiation of an administrative hearing shall be
made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All
petitions shall contain:
Identification of the action being contested,including the permit number,application1.
number, District file number or any other District identification number, if known.
The name,address,any email address,any facsimile number,and telephone number of2.
the petitioner, petitioner’s attorney or qualified representative, if any.
An explanation of how the petitioner’s substantial interests will be affected by the agency3.
determination.
A statement of when and how the petitioner received notice of the District’s decision.4.
A statement of all disputed issues of material fact. If there are none,the petition must so5.
indicate.
A concise statement of the ultimate facts alleged,including the specific facts the petitioner6.
contends warrant reversal or modification of the District’s proposed action.
A statement of the specific rules or statutes the petitioner contends require reversal or7.
modification of the District’s proposed action.
If disputed issues of material fact exist,the statement must also include an explanation of8.
how the alleged facts relate to the specific rules or statutes.
A statement of the relief sought by the petitioner,stating precisely the action the petitioner9.
wishes the District to take with respect to the District’s proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573,Florida Statutes,and
Rules 28-106.111 and 28-106.401–.405,Florida Administrative Code. The District is not
proposing mediation for this agency action under Section 120.573,Florida Statutes,at this
time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68,Florida Statutes,and in accordance with Florida Rule of Appellate
Procedure 9.110,a party who is adversely affected by final District action may seek judicial
review of the District's final decision by filing a notice of appeal with the Office of the District
Clerk in accordance with the filing instructions set forth herein within 30 days of rendition of the
order to be reviewed,and by filing a copy of the notice with the appropriate district court of
appeals via the Florida Courts E-Filing Portal.
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