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Backup Documents 05/27/2025 Item #16A11
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 A 4 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents arc to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney \) ;\ �� Attn. Sally A. Ashkar 2. BCC Office Board of County Commissioners 4if 3. Minutes and Records* Clerk of Court's Office *NOTE TO MINUTES AND RECORDS: Please return an electronic copy of the document(s) to Vera.Ivanova@colliercountyfl.gov PRIMARY CONTACT INFORMATION is Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees 0ti above,may need to contact staff for additional or missing information. r�\ p. Name of Primary Staff Vera Ivanova/ OPMD/Real Property Phone Number 239-252-7609 Contact/ Department Management Agenda Date Item was 05/27/2025 Agenda Item Number 16.A.11 Approved by the BCC Type of Document Addendum to Agreement Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature?STAMP OK N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be VI signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the VI document or the foal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's VI signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date,and all changes made during VI. N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 ifs A , ADDENDUM TO AGREEMENT FOR SALE AND PURCHASE THIS ADDENDUM TO AGREEMENT FOR SALE AND PURCHASE ("ADDENDUM") is made and entered into by and between Cypress Cove Landkeepers, Inc.. f/ka/ Cypress Cove Conservancy, Inc.. a Florida not-for-profit corporation, whose address is 4261 40th Ave SE, Naples, FL 34117 (hereinafter referred to as "Seller"). and COLLIER COUNTY. a political subdivision of the State of Florida. its successors and assigns, whose address is 2685 Horseshoe Drive, South. Suite 103. Naples. FL 34103 (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, on January 14. 2025, the Board of County Commissioners approved an Agreement for Sale and Purchase (the "Agreement") to acquire property from Cypress Cove Landkeepers, Inc., as Agenda Item No.11.F (formerly No. 16.A.15), and WHEREAS. during the Inspection Period. the Seller presented the Purchaser with Florida Department of Environmental Protection Consent Order 22-2530 dated March 16, 2023 (-Consent Order"). issued to the Seller for the unauthorized discharge of dredge and fill material into 0.0145 acres of wetlands located on the property under contract; and WHEREAS, the Purchaser seeks indemnification related to the discharge. any subsequent remediation. and any other actions arising from the Purchaser's discharge or remediation related to compliance with the Consent Order. NOW. THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars (810.00). the receipt and sufficiency of which is hereby acknowledged. it is agreed as follows: 1. Indemnification by Seller: The Seller hereby agrees to indemnify. defend, and hold harmless Collier County, its officers. employees. agents. successors, and assigns from and against any and all claims, liabilities, losses, damages, fines. penalties. costs. and expenses (including reasonable attorney's fees) arising out of or in any way connected to' a. The unauthorized discharge of dredge and fill material into wetlands by Seller; b. Any subsequent remediation actions related to the discharge; c. Any compliance issues, regulatory actions, mandates, and requirements related to the discharge or remediation: d. Any third-party claims or liabilities arising from the discharge or remediation: [25-RPR-03905!1937685/1] CC Addendum 04/04/2025 Page 1 of 4 16A . a e. Any costs. fees, and penalties associated with Consent Order 22-2530. and any future monitoring, reporting requirements, or mitigation actions that may be imposed on the Property or Purchaser: f. Any other liabilities, claims. fees, penalties, costs, requirements. or obligations arising from Consent Order 22- 2530. 2. Survival: The indemnification obligations set forth in this Addendum shall survive the closing of the transaction and shall not be deemed satisfied by the conveyance of title. 3. No Waiver: Nothing in this Addendum shall be deemed a waiver of any rights or remedies available to the Purchaser under applicable law 4. Effectiveness: Except as expressly modified herein. all terms and conditions of the original Agreement remain in full force and effect. This Addendum shall be incorporated into and become a part of the Agreement. SIGNATURES APPEAR ON THE FOLLOWING PAGES [25-RPR-03905/1937685/1] CC Addendum 041042025 Page 2 of 4 16A IN WITNESS WHEREOF, the parties hereto have signed below. Dated Project/Acquisition Approved by BCC .5/? 7kfi2_6— AS TOPURCHASER• ATTEST: CRYSTAL K. KINZEL, Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court and Comptroller COLLIER COUNTY. FLORIDA , By. ; ' � f Attest as to'enairm4 ' ut Clergy: 444#...Aelooligwa-- T L. SAUNDERS Chairman Signature only p y • •• L"fit' -d •b f� f idi�`�"� REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK [25-RPR-03905'1937685,1] CC Addendum 04!04!2025 Page 3 of 4 16A11 AS TO SELLER: • DATED: /.r/(1e'." Cypress Cove Landkeepers. Inc. f/k/a Cypress Cove Conservancy, Inc., A Florida not for profit corporation By: S ne uff. President. Director Approve• . 10 form . , legality: Oh Szrekar.Assistant County Attorney 0 [25-RPR-039051937685ij CC Adoendum 04/04/2025 Page 4 of 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda.All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office Q;1771 1-213 4. BCC Office Board of County Commissioners 65 12y A3151 'g'/Z7 5. Minutes and Records Clerk of Court's Office c/ff,,�`�,E 0/�a/ld PRIMARY CONTACT INFORMATIO // Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Melissa Hennig Phone Number 252-4911 Contact/Department Agenda Date Item was May 27,2025 Agenda Item Number 16.A.11. Approved by the BCC Type of Document(s) Temporary Access Easement& FDEP Number of Original 2 Attached Consent Order Resolution Offer Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature(instead of stamp)? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. LSE'-. 3. Original document has been signed/initialed for legality. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the //WA Office of the County Attorney.) t 4. All handwritten strike-through and revisions have been initialed by the County Attorney N/A Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the ' document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 5/27/2025 and all changes made during the meeting have been incorporated in the attached document. The County Attorne op Office has reviewed the changes,if applicable. *is tin 9. Initials of attorney verifying that the attached document is the version approved by the /A is BCC,all changes directed by the BCC have been made,and the document is ready for the .,,.' Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21 16Al O'pfVAR>,ME�J O FLORIDA DEPARTMENT OF Ron Governor Mantis 9. Environmental Protection *Collins Lt.Governor °oti o ` South District Alois A.Y�bsR •fhTAt va Fort Myers FL 33901 Secretary SouthDistrict@FloridaDEP.gov August 22, 2025 Collier County Board of County Commissioners Burt L.Saunders,Chairman 3299 Tamiami Trail East,Suite 303 Naples, FL 34112-5746 Matthew.Denison,rcolliercountyfl.gov SUBJECT: Department of Environmental Protection v. Collier County Board of County Commissioners OGC File No.:25-0433 Parcel No.41501440005-4261 40th Ave.SE, Naples, FL 34117 Site No. 400812 Mr. Burt L.Saunders: The State of Florida Department of Environmental Protection ("Department") has found that 632 square feet of wetlands located at 4261 40th Ave.SE, Naples, FL 34117 in Collier County ("Property"),were dredged and filled without valid authorization from the Department as required by Chapters 403 and 373-Part IV, Florida Statutes, and Rule 62-330.020(2)(a), Florida Administrative Code,prior to you purchasing the Property. As a result, the Department initiated an enforcement action1 against the Party2 responsible for the unauthorized wetland impacts, to compel their compliance with Department regulations and perform certain corrective actions on the Property to resolve the violations.See Attachment 1,OGC No. 22-2530. Collier County Board of County Commissioners is named in this Consent Order in order to obtain access to your Property,to allow representatives of the Department and the responsible Party to perform any corrective actions ordered by Department. To date, the restoration actions required by OGC No.22-2530 have been completed and the Time Zero Monitoring Report and First Annual Monitoring Report have been submitted to the Department.The Property is currently under monitoring as required by OGC No.22-2530. Should Cypress Cove Conservancy,Inc. fail any monitoring inspections or otherwise fail to ' OGC No. 22-2530 was executed March 16,2023. 2 The Party responsible for the unauthorized activities on the Property was Cypress Cove Conservancy, Inc. 16A11 DPP vs.Collier County Board of County Commissioners OGC No.25-0433 Page 2 of 5 meet any obligations outlined in OGC No.22-2530, the Department shall seek any corrective action and associated penalties against Cypress Cove Conservancy,Inc.and not the Collier County Board of County Commissioners. The Department's Offer The Department would Iike to offer you an opportunity to resolve the issue of site access to the Property. Collier County Board of County Commissioners ("Respondent") shall allow authorized representatives of the Department access to Respondent's Property located at: 4261 40th Ave. SE, Naples,Florida(Collier County Parcel ID: 41501440005)at reasonable times for the purposes of determining compliance with(i) the rules and statutes of the Department, (ii) the terms of Consent Order 22-2530 and this Consent Order. Respondent shall allow the party responsible for the violation(s)described-above and/or their contractors access to the Property to complete any restoration/corrective actions on the Property.The party ordered to perform the corrective actions on the Property shall notify the Respondent and the Department in writing,at least two(2)business days in advance of conducting any activity on the Property. Access to the Property shall he provided during normal business hours, unless another time is mutually agreed to by Respondent and the party ordered to perform the corrective actions. Respondent shall not dredge,fill and/or conduct any other activities within wetlands located on the Property without obtaining a permit or other written authorization from the Department. The Department agrees to waive any Department costs associated with this Consent Order. Respondent's Acceptance If you wish to accept this offer and fully resolve the enforcement matter pending against the Respondent,please sign this letter and return it to the Department at Florida Department of Environmental Protection,South District, PO Box 2549, Fort Myers FL 33902-2549;or by e-mail to: tiarah.Marrav+,l'loridal)l.l'.gov by September 15,2025. The Department will then countersign it and file it with a designated clerk of the Department. Once the document is filed with the designated clerk,it will constitute a final order of the Department pursuant to Section 120.52(7),F.S.and will be effective unless a request for an administrative hearing is filed by a third party in accordance with Chapter 120, F.S.and the attached Notice of Rights. By accepting this offer you,Burt L.Saunders: (1) certify that you are authorized and empowered to negotiate,enter into,and accept the terms of this offer in the name and on behalf of Respondent; (2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections 120.569 and 120.57, F.S.,on the terms of this offer,once final;and SFCO—Business REV.06/2021 1 6 A 1 1 DEP vs.Collier County Board of County Commissioners OGC No.25-0433 Page 3 of 5 (3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68,F.S. The Department acknowledges that the Respondent's acceptance of this offer does not constitute an admission of liability for the violation(s)referenced above. Until clerked by the Department, this letter is only a settlement offer and not a final agency action. Consequently,neither the Respondent nor any other party may request an administrative hearing to contest this letter pursuant to Chapter 120, F.S. Once this letter is clerked and becomes a final order of the Department,as explained above, the attached Notice of Rights will apply to parties,other than the Respondent,whose interests will be substantially affected. Electronic signatures or other versions of the parties' signatures,such as .pdf or facsimile,shall be valid and have the same force and effect as originals. No modifications of the terms of this Order will he effective until reduced to writing,executed by both Respondent and the Department,and filed with the clerk of the Department. Please be aware that if the Respondent declines to respond to the Department's offer,the Department will assume that the Respondent is not interested in resolving the matter and will proceed accordingly. If you have any questions, please contact Sarah Marra at 239-344-5609 or at Sarah.Marra 't'loridaDLP.goc. Sincerely, Orly( ti' �,t t p4 ..c AL Elizabeth"Liz"Sweigert Director of District Management South District Office Florida Department of Environmental Protection Cc: OGC: hathryn.l.ewisvFloridaDEP.gov Processor:Sarah.MarraaPFlorida )EP.gov Respondent of OGC No.22-2530:Cypress Cove Conservancy, Inc., hams�cclandkeepers.com Melissa Hennig,Conservation Collier, Melissa.l lennig<'c olliercountyfl.gov Summer Araque,Conservation Collier,Summer.Araque0 olliercountyfl.gov SFCO-Business REV.06/2021 1 6 A 1 1 DEP vs.Collier County Board of County Commissioners OGC No.25-0433 Page 4 of 5 FOR THE RESPONDENT: I,Burt L.Saunders,HEREBY ACCEPT THE TERMS OF THE SETTLEMENT OFFElt IDENTIFIED ABOVE. By: Date: 8/2e z5 Burt L.Saunders Title: CoPI tirPIan ATTEST CRYSTAL K. L,.C1GFs� BY: ANA,ktertn.km.n'i sign,turr "My' APProvadas to form and legality I Assistant County Attorney SFCO—Business REV.06/2021 1 6 A 1 1 DEP vs.Collier County Board of County Commissioners OGC No.25-0433 Page 5 of 5 FOR DEPARTMENT USE ONLY DONE AND ORDERED this 29 day of August 2025,in Lee County,Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Elizabeth"Liz"Sweigert District Director South District Filed,on this date,pursuant to section 120.52,F.S.,with the designated Department Clerk, receipt of which is hereby acknowledged. August 29,2025 Clerk Date Attachments: Notice of Rights Executed OGC No. 22-2530 Final clerked copy furnished to: Lea Crandall,Agency Clerk(lea.crandiall c-d p.statt:.JLu,} SFCO—Business REV.06/2021 1 6 A 1 1 NOTICE OF RIGHTS Persons who are not parties to this Order, but whose substantial interests are affected by it,have a right to petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Order means that the Department's final action may be different from the position it has taken in the Order. The petition for administrative hearing must contain all of the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner,if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c)A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (f)A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS#35,Tallahassee, Florida 32399-3000 or received via electronic correspondence at Agency Clerka'floridadip.gov, within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the District Office at the address indicated above. Failure to file a petition within the 21-day period constitutes a person's waiver of the right to request an administrative hearing and to participate as a party to this proceeding under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida Statutes. is not available in this proceeding. t 6 A 1 1 00A.t R n*Pyf FLORIDA DEPARTMENT OF antis Environmental Protection Jeanette Nuke s c It.Governor oawn Ilandltan h �4 South District Sh -fivrAL PO Box 2549 Secretary Fort Myers FL 33902-2549 SouthDistrict@FloridaDEP.gov March 16, 2023 Shane Duff, Title President Cypress Cove Conservancy. Inc. P.O. Box 110308 Naples. FL 34108 Shane+aicclandkeepers.com Re: Consent Order OGC Casc No. 22-2530 Site No.400812/ Project No. 397453 Unnamed wetlands. Class III Waters Parcel No. 41501440005 —4261 40`1' Ave. SE, Naples. FL 34117 Collier County — SLERC/State 404 Group Dear Mr. Duff: Enclosed is the signed and entered Consent Order. OGC No.22-2530,to resolve this case. This copy is for your records. Please note that all compliance dates for the Consent Order begin on the date of entry, which is March 16, 2023. Upon satisfactory completion of all conditions of the Order. we will close this case and place it in our inactive file. All payments required by the Consent Order should be a cashier's check/money order or paid online via the DEP Business Portal at http://m.‘%„.f1depportal.comt go pa\ . Also, any document submittals may be mailed to the above address or for your convenience can be sent to our email mailbox at iImerp compliance(u.dep.state.11.us. If you have any questions, please contact Qiara Perez by email at Qiara.Perez(ii?FloridaDN:P.go, or by phone at 239-344-5655. Your cooperation in resolving this case is appreciated. Sincerely, !�� Jennifer L. Carpenter Director of District Management South District Office Florida Department of Environmental Protection JLC/qp Enclosures: Consent Order(with Attachment I and Attachment II) cc: Katharina Shoemaker,Tropical Environmental Consultants, kshoemakenu)tecsfl.com 1 6 A 1 1 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE OF ENVIRONMENTAL PROTECTION. ) SOUTH DISTRICT Complainant. ) vs. ) CYPRESS COVE CONSERVANCY. INC., ) OGC FILE NO. 22-2530 Respondent. CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection (Department), and Cypress Cove Conservancy. Inc.. (Respondent)to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and the Respondent admits the following: I. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce Chapter 373. Part IV,and Chapter 403. Florida Statutes(Fla. Stat.), and the rules promulgated and authorized thereunder. Title 62. Florida Administrative Code (Fla. Admin. Code). The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondent is a person within the meaning of Section 373.019(15), Fla. Stat. 3. Respondent is a Florida Not for Profit Corporation and the owner of the property located at 4261 40th Ave. SE. Naples. Parcel No. 41501440005. Section 33, Township 49, Range 28. Collier County, Florida (Property). 4. On April 15. 2021. Department staff conducted an inspection of the Property and Department staff observed 0.0145 acres (632 sq. ft.)of unauthorized discharge of dredge and fill material in wetlands. 5. The Department finds that the Respondent violated Section 373.430, Fla. Stat., and Rules 62-330.020 and 62-331.020, Fla. Admin. Code. The Respondent discharged 0.0145 acres of dredge and fill material in wetlands without a valid permit from the Department. These activities were conducted on the above described Property within the landward extent of Class III waters 1 6 A 1 1 OGC No.22-2530 Page 2 of 9 of the State. as defined by Florida Law. and which are State-assumed waters as defined in Section 2.0(b)47 of the State 404 Program Handbook.and in Section 373.4146(1). Fla. Stat. Having reached a resolution of the matter Respondent and the Department mutually agree and it is, ORDERED: 6. Within 30 days of the effective date of this Consent Order, Respondent shall pay the Department $500.00 in settlement or all matters addressed in this Consent Order. This amount includes$500.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. Respondent shall make all payments required by this Consent Order by cashier's check. money order or online payment. Cashier's check or money order shall be made payable to the Department of Environmental Protection. mailed to Florida Department of Environmental Protection. South District Office, P.O. Box 2549. Fort Myers. FL 33902-2549. and shall include both the OGC number assigned to this Consent Order. which is OGC No. 22-2530.and the notation"Water Quality Assurance Trust Fund."Online a-check payment can he made by going to the DEP Business Portal at h ttp:/hrw8%.tldcpportal.com!go/pa%!. 7. Respondent shall completely remove and restore the 0.0145 acres of wetlands by implementing the Corrective Actions attached hereto and incorporated herein as Attachments and II in the manner and within the time frames specified therein. 8. With the exception of the activities described in the Corrective Actions. effective immediately and henceforth. Respondent shall not conduct any dredging, filling,or construction activities on or within the landward extent of waters of the state without first obtaining a valid Department permit or written notification from the Department that the activities appear to be exempt as proposed from Department permitting requirements. 9. Nothing in this Consent Order shall prevent the Department from filing suit to specifically enforce any of the terms of this Consent Order. 10. If any event, excluding administrative or judicial challenges by third parties unrelated to the Respondent. occurs which causes delay or the reasonable likelihood of delay. in complying with the requirements of this Consent Order. Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondent and could not have been or cannot be overcome by Respondent's due diligence. Economic 16A11 OGC'No.22-2530 Page 3of9 circumstances shall not be considered circumstances beyond the control of the Respondent. nor shall the failure of a contractor. subcontractor. materialman or other agent (collectively referred to as 'contractor')to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of the Respondent, unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay. or upon becoming aware of a potential for delay. Respondent shall notify the Department orally within 24 hours or by the next working day and shall. within seven calendar days of oral notification to the Department. notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to prevent or minimize the delay and the timetable by which the Respondent intend to implement these measures. If the parties can agree that the delay or anticipated delay has been or will he caused by circumstances beyond the reasonable control of the Respondent. the time for performance hereunder shall he extended for a period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of the Respondent to comply with the notice requirements of this paragraph in a timely manner shall constitute a waiver of Respondent's rights to request an extension of time for compliance with the requirements of this Consent Order. 11. Respondent shall allow all authorized representatives of the Department access to the Property at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes of the Department. 12. Entry of this Consent Order does not relieve the Respondent of the need to comply with applicable federal. state or local laws. regulations or ordinances. 13. The terms and conditions set forth in this Consent Order may he enforced in a court of competent jurisdiction pursuant to Sections 120.69, 373.129. Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 373.430. Florida Statutes. 14. Respondent is fully aware that a violation of the terms of this Consent Order may subject Respondent to judicial imposition ot'damages.civil penalties of up to$15,000 per day per violation and criminal penalties. 15. Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent Order have a right. pursuant to Sections 120.569 and 120.57. Florida 6A1 1 OGC No.22-2530 Page 4 of 9 Statutes, to petition for an administrative hearing on it. The Petition must contain the information set forth ',elow and must he filed(received) at the Department's Office of General Counsel,3900 Commonwealth Boulevard. MS-35. Tallahassee. Florida 32399-3000. within 21 days of receipt of this Notice. A copy of the Petition must also he mailed at the time of filing to the District Office named about at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57. Florida Statutes. The petition shall contain the following information: (a) The Department's Consent Order identification number and the county in which the subject matter or activity is located: (b) The name. address and telephone number of each petitioner:the name. address.and telephone number of the petitioner's representative. if any. which shall be the address for service purposes during the course of the proceeding: (c) An explanation of how the petitioner's substantial interests will he affected by the Consent Order; (d) A statement of when and how the petitioner received notice of the Consent Order: (e) A statement of all material facts disputed by petitioner. if any: (f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Consent Order: (g) A statement of which rules or statutes the petitioner contends require reversal or modification of the Consent Order: and (h) A statement of the relief sought by the petitioner. stating precisely the action petitioner wishes the Department to take with respect to the Consent Order. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed (received)within 21 days of receipt of this Notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57. S .A1 1 OGC No.22-2530 Page 5 of 9 Florida Statutes,and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28- 106.205. Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573. Florida Statutes. before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding(which include the Respondent.the Department.and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in (received by)the Office of General Counsel of the Department at 3900 Commonwealth Boulevard. Mail Station 35. Tallahassee. Florida 32399-3000. within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names. addresses and telephone numbers of any persons who may attend the mediation: (b) The name. address and telephone number of the mediator selected by the parties,or a provision for selecting a mediator within a specified time: (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation: (e) The date, time and place of the first mediation session,or a deadline for holding the first session, if no mediator has yet been chosen: (f) The name of each party's representative who shall have authority to settle or recommend settlement: and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement 16A11 OGC No.22-2530 Page 6 of 9 clearly identifying the petition for hearing that each party has already filed,and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573. Florida Statutes.the timely agreement of all Parties to nediate will toll the time limitations imposed by Sections 120.569 and 120.57. Florida Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the parties,the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute.the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within 21 days of receipt of this Notice. if mediation terminates without settlement of the dispute,the Department shall notify all parties in writing that the administrative hearing prpcesses under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute.and the Notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 16. 1'he Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes. or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order. 17. The Department. for and in consideration of the complete and timely performance by the Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek judicial imposition of damages or civil penalties for alleged violations addressed in this Consent Order. 8. Respondent acknowledges and waives their right to an administrative hearing pursuant to Sections 120.569 and 120.57. Florida Statutes, on the terms of this Consent Order. Respondent acknowledge their right to appeal the terms of this Consent Order pursuant to Section 120.68. Florida Statutes, and waive that right upon signing this Consent Order. 19. Electronic signatures or other versions of the parties' signatures. such as .pdf or facsimile. shall be valid and have the same force and effect as originals. No modifications of the terms of this Consent Order shall he effective until reduced to writing and executed by both the Respondent and the Department. 16A1 OGC No.22-2530 Page 7 of 9 20. All submittals and payments required by this Consent Order to be submitted to the Department shall be sent to the Florida Department of Environmental Protection. South District Office, P.O. Box 2549. Fort Myers. FL 33902-2549. Online a-check payment can he made by going to the DEP Business Portal at http://w VSAA.11depportaLcom/go/pa%r, 21. In the event of a sale or conveyance of the Property. if all of the requirements of this Consent Order have not been fully satisfied, the Respondent shall. at least 30 days prior to the sale or conveyance of the Property. i 11 notify the Department of such sale or conveyance and (2) provide a copy of this Consent Order with all attachments to the new owner. The sale or conveyance of the Property shall not relieve the Respondent of the obligations imposed in this Consent Order. 22. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities which may arise under Florida law. nor is it a settlement of any violation which may he prosecuted criminally or civilly under federal law. 23. The terms of this Consent Order may be amended by the mutual written consent of the Department and the Respondent. 24. Nothing in this Consent Order shall prohibit the Respondent from applying for permits in the future to conduct regulated activities on their Property. 25. This Consent Order is a final order of the Department pursuant to Section 120.52(7). Florida Statutes,and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120. Florida Statutes. Upon the timely filing of a petition, this Consent Order will not he effective until further order of the Department. 26. The undersigned certifies that as a corporate officer/member of Respondent Cypress Cove Conservancy. Inc.. he/she is authorized and empowered to negotiate. enter into and execute. in the name and on behalf of the Respondent, Cypress Cove Conservancy. Inc., any agreements, documents, instruments. certificates, including and without limitation, this Consent Order entered into between the Respondent and the State of Florida Department of Environmental Protection. 1 6A1 1 OGC No.22-2530 Page 8 of 9 FOR THE RESPONDENT: CYPRESS COVE CONSERVANCY, INC. 03/14/2023 DATE Shane Duff.Title President THIS SECTION INTENTIONALLY LEFT BLANK. 6 Al 1 OGC No.22-2530 Page 9 of 9 Please do not write below this line. For DEP use only. DONE AND ORDERED this 16th day of March , 2023. in Lee County. Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION / J/ / Jennifer L. Carpenter Acting District Director South District Office P.O. Box 2549 Fort Myers. Florida 33902-2549 Telephone: (239)344-5600 FILED.on this date, pursuant to Section 120.52. Florida Statutes.with the designated Department Clerk, receipt of which is hereby acknowledged. Cp„ t. t. March 16,2023 CLERK DATE cc: Lea Crandall. Agency Clerk (Mail Station 35) I6AI ATTACHMENT I OGC Case No.22-2530 CORRECTIVE ACTIONS WETLAND RESTORATION CONDITIONS 1. Within 90 days of the effective date of this Consent Order. Respondent shall complete all the restoration work on the Property in accordance with the plans and specifications detailed in the attached Attachment II. 2. Should the terms in the attached Attachment Il conflict with ally terms of the Consent Order and Attachment I. the terms within the Consent Order and Attachment I shall prevail. MONITORING& SUCCESS CRITERIA 3. Respondent shall submit a "Time-Zero" Monitoring Report within thirty(30)days of the date of completion of all required regrading and planting on the Property in accordance with the plans and specie 'Lions detailed in the attached Attachment lI and shall include the following: a. '►he"OGC Case No. 22-2530"and name of Respondent exactly as it appears on the first page of this Consent Order: b. Date(s)of all work completed: c. Color photographs to provide an accurate representation of the Restoration Area(indicated as "Restoration Area 0.0145 ay (632 sq fir on Page S of Attachment II). The photographs shall be taken from fixed reference points and directions:and d. A table depicting numbers,spacing. and sizes(including tree height)of each species planted and nursery receipts. 4. Respondent shall conduct annual monitoring inspections and exotic/nuisance vegetation treatment events,starting after the date of the initial regrading and planting of the Restoration Area,for three(3)years or until the success criteria are achieved as described in Paragraph 6 below.The purpose of the monitoring shall be to determine the success of the Restoration Area. During each inspection. Respondent shall remove all exotic and nuisance vegetation without disturbing the other existing vegetation in the Restoration Area. Exotic and nuisance vegetation shall include vegetation is listed in the most recent published list of invasive species by the Florida Exotic Pest Plant Council(FLEPPC). Internet website for FLEPPC is htAp:1i \ ileppc.org/listIlist.him.Exotic and nuisance vegetation shall include, but not be limited to,vines. Brazilian Pepper(Schinus /erehinrhifoliur). Punk tree(Mela/circa quinquenerria).and Australian pine(Casuarina equiseliMiilia). 5. Within thirty(30)days after the completion of each annual monitoring inspection, Respondent shall complete a monitoring report and submit it to the Department. The monitoring reports shall include the following information: a. The"OGC Case No. 22-2530"and name of Respondent exactly as it appears on the first page of this Consent Order: b. Date of inspection: c. Color photographs to provide an accurate representation of the Restoration Area.The photographs shall be taken from the same fixed reference points and directions used for the "Time-Zero" Monitoring Report: d. Plant species composition with estimates of the contribution of each species to percent cover; and e. Plan view depicting the locations of any specimens replanted(indicate numbers of each species replanted and nursery receipts) 16A11 Attachment I OGC Case No. 22-2530 Page 2 of 3 6. Restoration of the Restoration Area shall be deemed successful when the following criteria has been continuously met for a period of at least three(3)years: a. Planted species and/or naturally recruited wetland vegetation have achieved a minimum 80% survival: b. Total contribution to percent cover by exotic, non-native wetland species, and species not listed in 62-340. F.A.C. shall be maintained below 5%: c. The planted species are exhibiting natural,vigorous growth consistent with the species and target plant community:and d. The Restoration Area have been inspected by the Department and the Department has informed the Respondent in writing that the Restoration Area has achieved the described success criteria. 7. If it is determined by the Department. based on visual inspection and/or review of the monitoring reports. that the Restoration Area is not meeting the success criteria(described in paragraph 6 above), Respondent shall submit an alternative Restoration Plan to the Department for review and approval. which shall meet the following requirements: a. Respondent shall submit the plan within 30 days of notification by the Department of failure to meet the performance criteria: b. The Revised Restoration Plan shall include a plan. including time schedule for planting the Restoration Area with enough plants representative of the naturally occurring habitat approved by the Department in advance to meet the success criteria. The revised plan shall also include maintenance and monitoring schedule to ensure that the reseeding is successful. The Respondent shall implement the revised restoration plan. including any changes required by the Department,no later than 90 days after receiving Department approval. GENERAL CONDITIONS 8. This Consent Order or a copy thereof.complete with all conditions.attachments,exhibits,and modifications shall be kept at the work site of the ordered activity.The complete Consent Order shall he available for review at the work site upon request by the Department staff. The Respondent shall require the contractor to review the complete Consent Order prior to commencement of the activity authorized by this Consent Order. 9. Activities approved by this Consent Order shall be conducted in a manner. which does not cause violations of state water quality standards.The Respondent shall implement best management practices for erosion and pollution control to prevent violations of state water quality standards. 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 ordered 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 the State of Florida Erosion and Sedimentation Control Inspectors Manual, FDEP(2008), available on the Department's website at htt w, Ale .gatc.fl.us/water'non hint/docs'erosion/erns inn-in. ecturs-man .11(11 unless a project-specific erosion and sediment control plan is approved as part of this Consent Order. Thereafter the Respondent shall be responsible for the removal of the harriers. The Respondent shall correct any erosion or shoaling that causes adverse impacts to the water resources. 16A1 1 Attachment I OGC Case No. 22-2530 Page 3 of 3 10. Should any other regulatory agency require changes to the herein authorized act. the Respondent shall notify the Department in writing of the changes prior to implementation so that a determination can he made whether a Consent Order modification is required. 11. This Consent Order 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 Consent Order. This Consent Order does not convey to the Respondent or create in the Respondent 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 Respondent,or convey any rights or privileges other than those specified in the Consent Order and Chapter 62-330. F.A.C. 12. If historical or archaeological artifacts are discovered at any time on the project site,the Respondent shall immediately notify the Department's South District Office. P.O. Box 2549. Fort Myers. FL 33902-2549. 13. The Respondent shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. 14. The p. ;ect shall comply with applicable State Water Quality Standards, namely: a. !'ule 62-302.500. F.A.C.-Surface Waters: Minimum Criteria.General Criteria:and b. Rule 62-302.530. F.A.C.—Table: Surface Water Quality Criteria—Class III Waters. I 6 A 1 F Plan for Restoration of Natural Habitat , N. ' ,..) -'•.cit- i.. .. i el1 , . 411 Y Site No. 400812/Project No. 397453 Prepared by: Tropical Environmental Consultants Molly Hunter 3900 Mannix Drive Suite 118 Naples, Florida 34114 Tel(239)455-6232 mhuntcra ticsll.corn Prepared for: Cypress Cove Conservancy Inc- Shane Duff 4261 40th Ave SE Naples (Owner) South District PO Box 2549 Fort Myers FL _;3902-2549 SouthDistrict'a;FloridaDEP.gov Attachment II Tropical Environmental Consultants OGC Case No. 22-2530 Plan for Restoration of Natural Habitat Page 1 of 5 1 6 A 1 1 LIST OF EXHIBITS Restoration Area Exhibit A Purpose The following Restoration Plan shall propose restoration measures to correct the dredge and fill activities in wetlands actions over native vegetation within the delineated wetland area. Background Unauthorized clearing actions totally 0.0145 acres occurred at the subject area within the recent past. The property is located within unincorporated Collier County. and totals 10.00+-ac. The property is zoned Single Family Residential. Description of Impact Area and Adjacent Pre-impact conditions within the 10.0 acre property can best be described by FLUCCS code(s) and soil types: 6216 Cypress- Mixed Hardwoods (0.0145 acres) MUID: I I Hallandale Fine Sand MUIf• 25 Boca. Riviera. Limestone Substrate. and Fine Sands, Depressional MUID. ?9 Hallandale and Boca Fine Sands Restoration Plan The following actions will occur as part of the remediation of the clearing efforts on the study area. A schedule of the restoration efforts is provided below. The owner shall restore "0.003 acres of unauthorized clearing of sub-canopy. 0.0067 acres ground vegetation, and 3.55" inches (DBH)of canopy tree."and conduct the following as listed below: 1. Remove exotic debris (mulch/soil/tree debris), fill, and the unauthorized septic system achieving natural grade elevation within the restoration areas detailed in Exhibit A. 2. AS a result of clearing and vegetation removal actions described above, the applicant shall repl'ant vegetation within the appropriate stratum(s)within the restoration area(s). Plant species.quantity. and sizes are provided below and shall be installed within the corresponding area. All planting material shall be native to the specific environment surrounding the impacted area, specifically"Plant materials used to meet the requirements of this section shall meet the standards for Florida No. I or better.as set out in Grades and Standards for Nursery Plants, part I and part 11. Department of Agricultural. State of Florida(as amended). Root ball sizes on all transplanted plant materials shall also meet state standards."Any supports or material used in the installation process shall be removed after 12 months, including, but not limited to trees takes and irrigation implements. Attachment II 7 ropical Environmental Consultants OGC Case No. 22-2530 Plan for Restoration of Natural Habitat Page 2 of 5 1 6 A 1 3. Irrigation shall be provided to the vegetation using a rotary irrigation and hand irrigation system for larger vegetation and shall remain in use on a weekly basis(at minimum),or until rainfall amounts are sufficient to sustain plants in a healthy condition. Once plants establish, irrigation shall cease unless extreme conditions occur. Planting Species,Quantity,Sizes- Quantity {Size Genus/Species Common Name GROUND: 4 or more species of the following, with an average spacing of 5'on center. The following may be substituted: 10 liner-size plants(#LN) for each gallon. 12 1-3 gal. Callicatpa americana I AMERICAN BEAUTY BERRY Nephrolepis exaltata BOSTON FERN Telmatoblechnum SWAMP FERN serrulatum Psychotria nervosa WILD COFFEE Cephalanthus occidentalis BUTTONBUSH Ilex cassine DAHOON HOLLY SUB-CANOPY: I or more of the following,with an average spacing of 5'on center. 6 1-5 gal. Sabal palmetto CABBAGE PALM Myrsine cubana MYRSINE IFraxinus caroliniana POP ASH UPPER CANOPY: 2 or more of the following,with an spacing of 10'on the center 4 I" DBH or larger Quercus laurifolia LAUREL OAK 1" DBH or larger Taxodium distichum BALD CYPRESS I" DBH or larger Acer rubrum RED MAPLE Maintenance Program 1. Treatment of County prohibited exotic plant species located within the boundary of the property shall occur quarterly (at minimum) for the first year. with the first treatment concurrent with the initial restoration actions. Additional treatments will occur as needed thereafter to maintain the restored areas exotic free in perpetuity as required. Treatment methods shall include manual, chemical, or a combination thereof, with treated Tropical Environmental Consultants Attachment II Plan for Restoration of Natural Habitat OGC Casc No. 22-2530 Page 3 of 5 16Ai ii vegetation left in place within the upland portions. Prohibited exotic plants species shall include any plant species listed in Exhibit B. 2. Replanted vegetation:A survival rate of 80%of al l vegetation will be maintained for a period of no less than 3 years. Should any plants be replaced. native plant species will meet initial size. species. and class standards. Formal Monitoring Program I) None proposed. Maintenance and Monitoring Schedule- _ Action Event Date Completion of Restoration/Maintenance efforts "Time-Zero"report-submitted to Department of Environmental Protection and Collier County documenting installation and restoration actions. Replanting/Maintenance Efforts-(as needed to meet required 80°ro mortality of Quarterly for first year. installed vegetation,0%prohibited exotics.) First Annual Report Restoration/Maintenance Efforts-(as needed to meet required 80%mortality of Annually,in-perpetuity installed vegetation.0%prohibited exotics.) Second Annual Report Restoration/Maintenance Efforts-(as needed to meet required 80%mortality of Annually,in-perpetuity installed vegetation.0%prohibited exotics.) Third Am. it Report Restoration/Maintenance Efforts-(as needed to meet required 80%mortality of Annually. in-perpetuity installed vegetation.0%prohibited exotics.) Attachment II Tropical Environmental Consultants OGC Case No. 22-2530 Plan for Restoration of Natural Habitat Page 4 of 5 16A11 Exhibit A - Restoration Area • r _ i + l V 4 . Wand 4 Site of Resrtot . k :,1 4 • . t . .._ ., ,. . .. ill • ,.. . . /. - - . , - i a Attachment II 11 • OGC Case No. 22-2530 r - Page5of5 Ma•We e•2022 {• , Key: Restoration Area 0.0145 ac(632 sq ft) N Subject Parcel "Ict. • Upland Area 2.58 Acres o`�/ ■ Wetland Area 7.42 Acres Tropical Environmental Consultants 1.; a Willow Environmental 1.LC Company 1 39(Ni\1annis Dr.Suitt. I I`t\.,,.r•,1 1.34!14 , http. trur.:ahr.m.n: n:.•ntal: at.•n.ulta ..c..m / 239-435-A232 4 0 32 164 2461 Ittk Copyright 2022 MapWise,Inc.All rights reserved.www.mapwise.com.This map is informational only.No representation is made or warranty given as to its content.User assumes ail risk of use.MapWise and its suppliers assume no responsibility for any losses resulting from such use. 1 6 A 1 1 Please e-mail ONLY the signed FDEP Consent Order Resolution Offer Letter(not the Temporary Access Easement)to: Sarah.Marra@FloridaDEP.gov for FDEP signature. Please copy rnelissa.hennig@colliercountyfLgov on the e-mail. Thank you. 1 6A1 1 O`OpEPAR'MF,�f FLORIDA DEPARTMENT OF RonDevernor 41. ° Environmental Protection Jay Collins o Lt.Governor South District Alexis A.Lambert �MfNTAL PaC PO Box 2549 Secretary Fort Myers FL 33902-2549 SouthDistrict@FloridaDEP.gov August 22,2025 Collier County Board of County Commissioners Burt L.Saunders,Chairman 3299 Tamiami Trail East,Suite 303 Naples,FL 34112-5746 Matthew.Denison@colliercountyfl.gov SUBJECT: Department of Environmental Protection v. Collier County Board of County Commissioners OGC File No.: 25-0433 Parcel No.41501440005-4261 40th Ave. SE,Naples,FL 34117 Site No.400812 Mr. Burt L. Saunders: The State of Florida Department of Environmental Protection("Department")has found that 632 square feet of wetlands located at 4261 40th Ave.SE,Naples,FL 34117 in Collier County ("Property"),were dredged and filled without valid authorization from the Department as required by Chapters 403 and 373-Part IV,Florida Statutes,and Rule 62-330.020(2)(a),Florida Administrative Code,prior to you purchasing the Property. As a result, the Department initiated an enforcement actions against the Party2 responsible for the unauthorized wetland impacts,to compel their compliance with Department regulations and perform certain corrective actions on the Property to resolve the violations.See Attachment 1,OGC No. 22-2530. Collier County Board of County Commissioners is named in this Consent Order in order to obtain access to your Property,to allow representatives of the Department and the responsible Party to perform any corrective actions ordered by Department. To date,the restoration actions required by OGC No. 22-2530 have been completed and the Time Zero Monitoring Report and First Annual Monitoring Report have been submitted to the Department. The Property is currently under monitoring as required by OGC No. 22-2530. Should Cypress Cove Conservancy, Inc. fail any monitoring inspections or otherwise fail to 1 OGC No. 22-2530 was executed March 16,2023. 2 The Party responsible for the unauthorized activities on the Property was Cypress Cove Conservancy, Inc. 1 6A 1 DEP vs.Collier County Board of County Commissioners OGC No.25-0433 Page 2 of 5 meet any obligations outlined in OGC No. 22-2530,the Department shall seek any corrective action and associated penalties against Cypress Cove Conservancy, Inc. and not the Collier County Board of County Commissioners. The Department's Offer The Department would like to offer you an opportunity to resolve the issue of site access to the Property. Collier County Board of County Commissioners ("Respondent") shall allow authorized representatives of the Department access to Respondent's Property located at: 4261 40th Ave. SE,Naples,Florida(Collier County Parcel ID: 41501440005)at reasonable times for the purposes of determining compliance with(i)the rules and statutes of the Department, (ii) the terms of Consent Order 22-2530 and this Consent Order. Respondent shall allow the party responsible for the violation(s) described-above and/or their contractors access to the Property to complete any restoration/corrective actions on the Property. The party ordered to perform the corrective actions on the Property shall notify the Respondent and the Department in writing,at least two (2)business days in advance of conducting any activity on the Property. Access to the Property shall be provided during normal business hours,unless another time is mutually agreed to by Respondent and the party ordered to perform the corrective actions. Respondent shall not dredge,fill and/or conduct any other activities within wetlands located on the Property without obtaining a permit or other written authorization from the Department. The Department agrees to waive any Department costs associated with this Consent Order. Respondent's Acceptance If you wish to accept this offer and fully resolve the enforcement matter pending against the Respondent,please sign this letter and return it to the Department at Florida Department of Environmental Protection,South District,PO Box 2549,Fort Myers FL 33902-2549;or by e-mail to: Sarah.Marra@FloridaDEP.gov by September 15,2025. The Department will then countersign it and file it with a designated clerk of the Department. Once the document is filed with the designated clerk,it will constitute a final order of the Department pursuant to Section 120.52(7),F.S. and will be effective unless a request for an administrative hearing is filed by a third party in accordance with Chapter 120,F.S. and the attached Notice of Rights. By accepting this offer you,Burt L. Saunders: (1) certify that you are authorized and empowered to negotiate,enter into,and accept the terms of this offer in the name and on behalf of Respondent; (2) acknowledge and waive Respondent's right to an administrative hearing pursuant to Sections 120.569 and 120.57,F.S.,on the terms of this offer, once final; and SFCO—Business REV.06/2021 16A11 DEP vs.Collier County Board of County Commissioners OGC No. 25-0433 Page 3 of 5 (3) acknowledge and waive Respondent's right to an appeal pursuant to Section 120.68,F.S. The Department acknowledges that the Respondent's acceptance of this offer does not constitute an admission of liability for the violation(s) referenced above. Until clerked by the Department,this letter is only a settlement offer and not a final agency action. Consequently,neither the Respondent nor any other party may request an administrative hearing to contest this letter pursuant to Chapter 120,F.S. Once this letter is clerked and becomes a final order of the Department, as explained above,the attached Notice of Rights will apply to parties,other than the Respondent,whose interests will be substantially affected. Electronic signatures or other versions of the parties' signatures,such as .pdf or facsimile,shall be valid and have the same force and effect as originals. No modifications of the terms of this Order will be effective until reduced to writing,executed by both Respondent and the Department,and filed with the clerk of the Department. Please be aware that if the Respondent declines to respond to the Department's offer,the Department will assume that the Respondent is not interested in resolving the matter and will proceed accordingly. If you have any questions,please contact Sarah Marra at 239-344-5608 or at Sarah.Marra@FloridaDEP.gov. Sincerely, Elizabeth"Liz"Sweigert Director of District Management South District Office Florida Department of Environmental Protection Cc: OGC: Kathryn.Lewis@FloridaDEP.gov Processor:Sarah.Marra@FloridaDEP.gov Respondent of OGC No. 22-2530: Cypress Cove Conservancy,Inc., Shane@cclandkeepers.com Melissa Hennig,Conservation Collier,Melissa.Hennig@colliercountyfl.gov Summer Araque,Conservation Collier,Summer.Araque@colliercountyfl.gov SFCO—Business REV.06/2021 16A1I DEP vs.Collier County Board of County Commissioners OGC No.25-0433 Page 4 of 5 FOR THE RESPONDENT: 1,Burt L.Saunders, HEREBY ACCEPT THE TERMS OF THE SETTLEMENT OFFER IDENTIFIED ABOVE. By: Date: g 2` ZS Burt L. Saunders Title: (..e tetir/nem ATTEST CRYSTAL K. i► LA 'N BY: o� A**Es,to Ciialrm*nts signatu,cr n►y' Ap t rm and legality Assistant County Attorney SFCO—Business REV.06/2021 1 6A 1 1 DEP vs.Collier County Board of County Commissioners OGC No.25-0433 Page 5 of 5 FOR DEPARTMENT USE ONLY DONE AND ORDERED this day of ,2025,in Lee County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Elizabeth"Liz" Sweigert District Director South District Filed, on this date,pursuant to section 120.52,F.S.,with the designated Department Clerk, receipt of which is hereby acknowledged. Clerk Date Attachments: Notice of Rights Executed OGC No. 22-2530 Final clerked copy furnished to: Lea Crandall,Agency Clerk(lea.crandall@dep.state.fl.us) SFCO—Business REV.06/2021 18A11 NOTICE OF RIGHTS Persons who are not parties to this Order, but whose substantial interests are affected by it, have a right to petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition concerning this Order means that the Department's final action may be different from the position it has taken in the Order. The petition for administrative hearing must contain all of the following information: (a) The name and address of each agency affected and each agency's file or identification number, if known; (b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination; (c)A statement of when and how the petitioner received notice of the agency decision; (d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate; (e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; (f) A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and (g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action. The petition must be filed (received) at the Department's Office of General Counsel,3900 Commonwealth Boulevard, MS# 35,Tallahassee, Florida 32399-3000 or received via electronic correspondence at Agency Clerk©floridadep.gov, within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the District Office at the address indicated above. Failure to file a petition within the 21-day period constitutes a person's waiver of the right to request an administrative hearing and to participate as a party to this proceeding under Sections 120.569 and 120.57, Florida Statutes. Mediation under Section 120.573, Florida Statutes, is not available in this proceeding. 6A1 1 °EPAR� FLORIDA DEPARTMENT OF RonDeSantla �o► MFti Governor ° Environmental Protection Jeanette Nunez i o Lt.Governor Doti os4, South District Shawn Hamilton MENTAL 0" PO Box 2549 Secretary Fort Myers FL 33902-2549 SouthDistrict@FloridaDEP.gov March 16, 2023 Shane Duff, Title President Cypress Cove Conservancy, Inc. P.O. Box 110308 Naples, FL 34108 Shane@cclandkeepers.com Re: Consent Order OGC Case No. 22-2530 Site No. 400812 /Project No. 397453 Unnamed wetlands, Class III Waters Parcel No. 41501440005 —4261 40th Ave. SE,Naples, FL 34117 Collier County— SLERC/State 404 Group Dear Mr. Duff: Enclosed is the signed and entered Consent Order, OGC No. 22-2530,to resolve this case. This copy is for your records. Please note that all compliance dates for the Consent Order begin on the date of entry, which is March 16, 2023. Upon satisfactory completion of all conditions of the Order, we will close this case and place it in our inactive file. All payments required by the Consent Order should be a cashier's check/money order or paid online via the DEP Business Portal at http://www.fldepportal.com/go/pay/. Also, any document submittals may be mailed to the above address or for your convenience can be sent to our email mailbox at ftmerp_compliance@dep.state.fl.us. If you have any questions, please contact Qiara Perez by email at Qiara.Perez@FloridaDEP.gov or by phone at 239-344-5655. Your cooperation in resolving this case is appreciated. Sincerely, ./0//2 /6944.4 Jennifer L. Carpenter Director of District Management South District Office Florida Department of Environmental Protection JLC/qp Enclosures: Consent Order(with Attachment I and Attachment II) cc: Katharina Shoemaker, Tropical Environmental Consultants,kshoemaker@tecsfl.com 16A1 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT ) IN THE OFFICE OF THE OF ENVIRONMENTAL PROTECTION, ) SOUTH DISTRICT ) Complainant, ) ) vs. ) ) CYPRESS COVE CONSERVANCY, INC., ) OGC FILE NO. 22-2530 ) Respondent. ) CONSENT ORDER This Consent Order is entered into between the State of Florida Department of Environmental Protection (Department), and Cypress Cove Conservancy, Inc., (Respondent)to reach settlement of certain matters at issue between the Department and Respondent. The Department finds and the Respondent admits the following: 1. The Department is the administrative agency of the State of Florida having the power and duty to protect Florida's air and water resources and to administer and enforce Chapter 373, Part IV, and Chapter 403, Florida Statutes (Fla. Stat.), and the rules promulgated and authorized thereunder, Title 62, Florida Administrative Code (Fla. Admin. Code). The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondent is a person within the meaning of Section 373.019(15), Fla. Stat. 3. Respondent is a Florida Not for Profit Corporation and the owner of the property located at 4261 40th Ave. SE,Naples, Parcel No. 41501440005, Section 33, Township 49, Range 28, Collier County, Florida(Property). 4. On April 15, 2021, Department staff conducted an inspection of the Property and Department staff observed 0.0145 acres (632 sq. ft.) of unauthorized discharge of dredge and fill material in wetlands. 5. The Department finds that the Respondent violated Section 373.430, Fla. Stat., and Rules 62-330.020 and 62-331.020, Fla. Admin. Code. The Respondent discharged 0.0145 acres of dredge and fill material in wetlands without a valid permit from the Department. These activities were conducted on the above described Property within the landward extent of Class III waters 16A11 OGC No.22-2530 Page 2 of 9 of the State, as defined by Florida Law, and which are State-assumed waters as defined in Section 2.0(b)47 of the State 404 Program Handbook, and in Section 373.4146(1), Fla. Stat. Having reached a resolution of the matter Respondent and the Department mutually agree and it is, ORDERED: 6. Within 30 days of the effective date of this Consent Order, Respondent shall pay the Department $500.00 in settlement of all matters addressed in this Consent Order. This amount includes $500.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Order. Respondent shall make all payments required by this Consent Order by cashier's check, money order or online payment. Cashier's check or money order shall be made payable to the Department of Environmental Protection, mailed to Florida Department of Environmental Protection, South District Office, P.O. Box 2549, Fort Myers, FL 33902-2549, and shall include both the OGC number assigned to this Consent Order, which is OGC No. 22-2530, and the notation"Water Quality Assurance Trust Fund." Online e-check payment can be made by going to the DEP Business Portal at http://www.fldepportal.com/go/pay/. 7. Respondent shall completely remove and restore the 0.0145 acres of wetlands by implementing the Corrective Actions attached hereto and incorporated herein as Attachments I and II in the manner and within the time frames specified therein. 8. With the exception of the activities described in the Corrective Actions, effective immediately and henceforth, Respondent shall not conduct any dredging, filling, or construction activities on or within the landward extent of waters of the state without first obtaining a valid Department permit or written notification from the Department that the activities appear to be exempt as proposed from Department permitting requirements. 9. Nothing in this Consent Order shall prevent the Department from filing suit to specifically enforce any of the terms of this Consent Order. 10. If any event, excluding administrative or judicial challenges by third parties unrelated to the Respondent, occurs which causes delay or the reasonable likelihood of delay, in complying with the requirements of this Consent Order, Respondent shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondent and could not have been or cannot be overcome by Respondent's due diligence. Economic 16A11 OGC No.22-2530 Page 3 of 9 circumstances shall not be considered circumstances beyond the control of the Respondent, nor shall the failure of a contractor, subcontractor, materialman or other agent(collectively referred to as `contractor')to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of the Respondent, unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondent shall notify the Department orally within 24 hours or by the next working day and shall, within seven calendar days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to prevent or minimize the delay and the timetable by which the Respondent intend to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of the Respondent, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of the Respondent to comply with the notice requirements of this paragraph in a timely manner shall constitute a waiver of Respondent's rights to request an extension of time for compliance with the requirements of this Consent Order. 11. Respondent shall allow all authorized representatives of the Department access to the Property at reasonable times for the purpose of determining compliance with the terms of this Consent Order and the rules and statutes of the Department. 12. Entry of this Consent Order does not relieve the Respondent of the need to comply with applicable federal, state or local laws, regulations or ordinances. 13. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Sections 120.69, 373.129, Florida Statutes. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 373.430. Florida Statutes. 14. Respondent is fully aware that a violation of the terms of this Consent Order may subject Respondent to judicial imposition of damages, civil penalties of up to $15,000 per day per violation and criminal penalties. 15. Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent Order have a right, pursuant to Sections 120.569 and 120.57, Florida 1 6A1 1 OGC No.22-2530 Page 4 of 9 Statutes, to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this Notice. A copy of the Petition must also be mailed at the time of filing to the District Office named about at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes. The petition shall contain the following information: (a) The Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) Tie name, address and telephone number of each petitioner; the name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; (c) An explanation of how the petitioner's substantial interests will be affected by the Consent Order; (d) A statement of when and how the petitioner received notice of the Consent Order; (e) A statement of all material facts disputed by petitioner, if any; (f) A statement of the specific facts the petitioner contends warrant reversal or modification of the Consent Order; (g) A statement of which rules or statutes the petitioner contends require reversal or modification of the Consent Order; and (h) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Consent Order. If a petition is filed,the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The petition must conform to the requirements specified above and be filed(received)within 21 days of receipt of this Notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, ) 6A1 1 OGC No.22-2530 Page 5 of 9 Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28- 106.205, Florida Administrative Code. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondent, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 10 days after the deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses and telephone numbers of any persons who may attend the mediation; (b) The name, address and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each party's representative who shall have authority to settle or recommend settlement; and (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement i 6A1 1 OGC No.22-2530 Page 6 of 9 clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference. (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573, Florida Statutes, the timely agreement of all Parties tc nediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the parties,the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute,the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within 21 days of receipt of this Notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing Rrpcesses under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute, and the Notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 16. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes, or the rules promulgated thereunder that are not specifically addressed by the terms of this Consent Order. 17. The Department, for and in consideration of the complete and timely performance by the Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek judicial imposition of damages or civil penalties for alleged violations addressed in this Consent Order. 18. Respondent acknowledges and waives their right to an administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order. Respondent acknowledge their right to appeal the terms of this Consent Order pursuant to Section 120.68, Florida Statutes, and waive that right upon signing this Consent Order. 19. Electronic signatures or other versions of the parties' signatures, such as .pdf or facsimile, shall be valid and have the same force and effect as originals.No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by both the Respondent and the Department. 16A1 1 OGC No.22-2530 Page 7 of 9 20. All submittals and payments required by this Consent Order to be submitted to the Department shall be sent to the Florida Department of Environmental Protection, South District Office, P.O. Box 2549, Fort Myers, FL 33902-2549. Online e-check payment can be made by going to the DEP Business Portal at http://www.fldepportal.com/go/pay/. 21. In the event of a sale or conveyance of the Property, if all of the requirements of this Consent Order have not been fully satisfied, the Respondent shall, at least 30 days prior to the sale or conveyance of the Property, (1) notify the Department of such sale or conveyance and (2) provide a copy of this Consent Order with all attachments to the new owner. The sale or conveyance of the Property shall not relieve the Respondent of the obligations imposed in this Consent Order. 22. This Consent Order is a settlement of the Department's civil and administrative authority arising under Florida law to resolve the matters addressed herein. This Consent Order is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a settlement of any violation which may be prosecuted criminally or civilly under federal law. 23. The terms of this Consent Order may be amended by the mutual written consent of the Department and the Respondent. 24. Nothing in this Consent Order shall prohibit the Respondent from applying for permits in the future to conduct regulated activities on their Property. 25. This Consent Order is a final order of the Department pursuant to Section 120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, Florida Statutes. Upon the timely filing of a petition,this Consent Order will not be effective until further order of the Department. 26. The undersigned certifies that as a corporate officer/member of Respondent Cypress Cove Conservancy, Inc., he/she is authorized and empowered to negotiate, enter into and execute, in the name and on behalf of the Respondent, Cypress Cove Conservancy, Inc., any agreements, documents, instruments, certificates, including and without limitation,this Consent Order entered into between the Respondent and the State of Florida Department of Environmental Protection. 1 6A 1 OGC No.22-2530 Page 8 of 9 FOR THE RESPONDENT: CYPRESS COVE CONSERVANCY, INC. 03/14/2023 DATE Shane Duff, Title President THIS SECTION INTENTIONALLY LEFT BLANK. 6A1 1 OGC No.22-2530 Page 9 of 9 Please do not write below this line. For DEP use only. DONE AND ORDERED this 16th day of March , 2023, in Lee County, Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (ilk /' ay/ Jenrfifer Z. Carpenter Acting District Director South District Office P.O. Box 2549 Fort Myers, Florida 33902-2549 Telephone: (239) 344-5600 FILED, on this date,pursuant to Section 120.52, Florida Statutes,with the designated Department Clerk, receipt of which is hereby acknowledged. Cyy -Lt:kak --ir)) March 16, 2023 CLERK DATE cc: Lea Crandall, Agency Clerk (Mail Station 35) 16A11 ATTACHMENT I OGC Case No.22-2530 CORRECTIVE ACTIONS WETLAND RESTORATION CONDITIONS 1. Within 90 days of the effective date of this Consent Order,Respondent shall complete all the restoration work on the Property in accordance with the plans and specifications detailed in the attached Attachment II. 2. Should the terms in the attached Attachment II conflict with any terms of the Consent Order and Attachment I,the terms within the Consent Order and Attachment I shall prevail. MONITORING& SUCCESS CRITERIA 3. Respondent shall submit a "Time-Zero" Monitoring Report within thirty(30)days of the date of completion of all required regrading and planting on the Property in accordance with the plans and specifi itions detailed in the attached Attachment II and shall include the following: a. i he"OGC Case No. 22-2530"and name of Respondent exactly as it appears on the first page of this Consent Order; b. Date(s)of all work completed; c. Color photographs to provide an accurate representation of the Restoration Area(indicated as "Restoration Area 0.0145 ac (632 sq ft)"on Page 5 of Attachment II). The photographs shall be taken from fixed reference points and directions;and d. A table depicting numbers,spacing, and sizes(including tree height)of each species planted and nursery receipts. 4. Respondent shall conduct annual monitoring inspections and exotic/nuisance vegetation treatment events,starting after the date of the initial regrading and planting of the Restoration Area,for three(3)years or until the success criteria are achieved as described in Paragraph 6 below.The purpose of the monitoring shall be to determine the success of the Restoration Area. During each inspection, Respondent shall remove all exotic and nuisance vegetation without disturbing the°the&existing vegetation in the Restoration Area. Exotic and nuisance vegetation shall include vegetation is listed in the most recent published list of invasive species by the Florida Exotic Pest Plant Council(FLEPPC). Internet website for FLEPPC is http://www.fleppc.org/list/list.htm.Exotic and nuisance vegetation shall include,but not be limited to,vines,Brazilian Pepper(Schinus terebinthifolius),Punk tree(Melaleuca quinquenervia),and Australian pine(Casuarina equisetifolia). 5. Within thirty(30)days after the completion of each annual monitoring inspection,Respondent shall complete a monitoring report and submit it to the Department.The monitoring reports shall include the following information: a. The"OGC Case No. 22-2530"and name of Respondent exactly as it appears on the first page of this Consent Order; b. Date of inspection; c. Color photographs to provide an accurate representation of the Restoration Area.The photographs shall be taken from the same fixed reference points and directions used for the "Time-Zero"Monitoring Report; d. Plant species composition with estimates of the contribution of each species to percent cover; and e. Plan view depicting the locations of any specimens replanted(indicate numbers of each species replanted and nursery receipts) 16A11 Attachment I OGC Case No. 22-2530 Page 2 of 3 6. Restoration of the Restoration Area shall be deemed successful when the following criteria has been continuously met for a period of at least three(3)years: a. Planted species and/or naturally recruited wetland vegetation have achieved a minimum 80% survival; b. Total contribution to percent cover by exotic,non-native wetland species,and species not listed in 62-340,F.A.C. shall be maintained below 5%; c. The planted species are exhibiting natural,vigorous growth consistent with the species and target plant community;and d. The Restoration Area have been inspected by the Department and the Department has informed the Respondent in writing that the Restoration Area has achieved the described success criteria. 7. If it is determined by the Department,based on visual inspection and/or review of the monitoring reports,that the Restoration Area is not meeting the success criteria(described in paragraph 6 above), Respondent shall submit an alternative Restoration Plan to the Department for review and approval, which shall meet the following requirements: a. Respondent shall submit the plan within 30 days of notification by the Department of failure to meet the performance criteria; b. The Revised Restoration Plan shall include a plan, including time schedule for planting the Restoration Area with enough plants representative of the naturally occurring habitat approved by the Department in advance to meet the success criteria. The revised plan shall also include maintenance and monitoring schedule to ensure that the reseeding is successful. The Respondent shall implement the revised restoration plan, including any changes required by the Department,no later than 90 days after receiving Department approval. GENERAL CONDITIONS 8. This Consent Order or a copy thereof,complete with all conditions,attachments, exhibits,and modifications shall be kept at the work site of the ordered activity. The complete Consent Order shall be available for review at the work site upon request by the Department staff. The Respondent shall require the contractor to review the complete Consent Order prior to commencement of the activity authorized by this Consent Order. 9. Activities approved by this Consent Order shall be conducted in a manner,which does not cause violations of state water quality standards.The Respondent shall implement best management practices for erosion and pollution control to prevent violations of state water quality standards. 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 ordered 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 the State of Florida Erosion and Sedimentation Control Inspectors Manual,FDEP(2008), available on the Department's website at http://www.dep.state.fl.us/water/nonpoint/docs/erosion/erosion-inspectors-manual.pdf unless a project-specific erosion and sediment control plan is approved as part of this Consent Order. Thereafter the Respondent shall be responsible for the removal of the barriers. The Respondent shall correct any erosion or shoaling that causes adverse impacts to the water resources. 6A1 1 Attachment I OGC Case No. 22-2530 Page 3 of 3 10. Should any other regulatory agency require changes to the herein authorized act,the Respondent shall notify the Department in writing of the changes prior to implementation so that a determination can be made whether a Consent Order modification is required. 11. This Consent Order 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 Consent Order. This Consent Order does not convey to the Respondent or create in the Respondent 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 Respondent,or convey any rights or privileges other than those specified in the Consent Order and Chapter 62-330, F.A.C. 12. If historical or archaeological artifacts are discovered at any time on the project site,the Respondent shall immediately notify the Department's South District Office,P.O. Box 2549,Fort Myers,FL 33902-2549. 13. The Respondent shall immediately notify the Department in writing of any previously submitted information that is later discovered to be inaccurate. 14. The p eject shall comply with applicable State Water Quality Standards,namely: a. le 62-302.500,F.A.C. -Surface Waters: Minimum Criteria,General Criteria; and b. Ruje 62-302.530,F.A.C.—Table: Surface Water Quality Criteria—Class III Waters. roj 1 6 A 1 1 Plan for Restoration of Natural Habitat If/ t �_Y. Ntt i z 4- -s` • Site No. 400812 /Project No. 397453 Prepared by: Tropical Environmental Consultants Molly Hunter 3900 Mannix Drive Suite 118 Naples,Florida 34114 Tel(239)455-6232 mhunter(a,tecsfl.com Prepared for: Cypress Cove Conservancy Inc- Shane Duff 4261 40th Ave SE Naples (Owner) South District PO Box 2549 Fort Myers FL 33902-2549 SouthDistrict@FloridaDEP.gov Attachment II Tropical Environmental Consultants OGC Case No. 22-2530 Plan for Restoration of Natural Habitat Page 1 of 5 1 6A 1 1 LIST OF EXHIBITS Restoration Area Exhibit A Purpose The following Restoration Plan shall propose restoration measures to correct the dredge and fill activities in wetlands actions over native vegetation within the delineated wetland area. Background Unauthorized clearing actions totally 0.0145 acres occurred at the subject area within the recent past. The property is located within unincorporated Collier County, and totals 10.00+- ac. The property is zoned Single Family Residential. Description of Impact Area and Adjacent Pre-impact conditions within the 10.0 acre property can best be described by FLUCCS code(s) and soil types: 6216 Cypress - Mixed Hardwoods (0.0145 acres) MUID: 11 Hallandale Fine Sand MUID: 25 Boca, Riviera, Limestone Substrate, and Fine Sands, Depressional MUID. 41-9 Hallandale and Boca Fine Sands Restoration Plan The following actions will occur as part of the remediation of the clearing efforts on the study area. A schedule of the restoration efforts is provided below. The owner shall restore "0.003 acres of unauthorized clearing of sub-canopy, 0.0067 acres ground vegetation, and 3.55" inches (DBH) of canopy tree." and conduct the following as listed below: 1. Remove exotic debris (mulch/soil/tree debris), fill, and the unauthorized septic system achieving natural grade elevation within the restoration areas detailed in Exhibit A. 2. As a result of clearing and vegetation removal actions described above,the applicant shall replant vegetation within the appropriate stratum(s) within the restoration area(s). Plant species, quantity, and sizes are provided below and shall be installed within the corresponding area. All planting material shall be native to the specific environment surrounding the impacted area, specifically "Plant materials used to meet the requirements of this section shall meet the standards for Florida No. 1 or better, as set out in Grades and Standards for Nursery Plants, part I and part II, Department of Agricultural, State of Florida(as amended). Root ball sizes on all transplanted plant materials shall also meet state standards."Any supports or material used in the installation process shall be removed after 12 months, including, but not limited to trees takes and irrigation implements. Attachment II Tropical Environmental Consultants OGC Case No. 22-2530 Plan for Restoration of Natural Habitat Page 2 of 5 16A1 1 3. Irrigation shall be provided to the vegetation using a rotary irrigation and hand irrigation system for larger vegetation and shall remain in use on a weekly basis (at minimum), or until rainfall amounts are sufficient to sustain plants in a healthy condition. Once plants establish, irrigation shall cease unless extreme conditions occur. Planting Species, Quantity, Sizes- Quantity Size Genus/Species Common Name GROUND: 4 or more species of the following,with an average spacing of 5' on center. The following may be substituted: 10 liner-size plants (#LN) for each gallon. 12 1-3 gal. Callicarpa americana AMERICAN BEAUTY BERRY Nephrolepis exaltata BOSTON FERN Telmatoblechnum SWAMP FERN serrulatum Psychotria nervosa WILD COFFEE Cephalanthus occidentalis BUTTONBUSH Ilex cassine DAHOON HOLLY SUB-CANOPY: 1 or more of the following,with an average spacing of 5' on center. 6 1-5 gal. Sabal palmetto CABBAGE PALM Myrsine cubana MYRSINE Fraxinus caroliniana POP ASH UPPER CANOPY: 2 or more of the following,with an spacing of 10' on the center 4 1" DBH or larger Quercus laurifolia LAUREL OAK 1"DBH or larger Taxodium distichum BALD CYPRESS 1"DBH or larger Acer rubrum RED MAPLE Maintenance Program 1. Treatment of County prohibited exotic plant species located within the boundary of the property shall occur quarterly (at minimum) for the first year, with the first treatment concurrent with the initial restoration actions. Additional treatments will occur as needed thereafter to maintain the restored areas exotic free in perpetuity as required. Treatment methods shall include manual, chemical, or a combination thereof,with treated Tropical Environmental Consultants Attachment II Plan for Restoration of Natural Habitat OGC Case No. 22-2530 Page 3 of 5 16A1 1 vegetation left in place within the upland portions. Prohibited exotic plants species shall include any plant species listed in Exhibit B. 2. Replanted vegetation:A survival rate of 80%of all vegetation will be maintained for a period of no less than 3 years. Should any plants be replaced, native plant species will meet initial size, species, and class standards. Formal Monitoring Program 1) None proposed. Maintenance and Monitoring Schedule- Action Event Date Completion of Restoration/Maintenance efforts "Time-Zero"report-submitted to Department of Environmental Protection and Collier County documenting installation and restoration actions. Replanting/Maintenance Efforts-(as needed to meet required 80%mortality of Quarterly for first year. installed vegetation,0%prohibited exotics.) First Annual Report Restoration/Maintenance Efforts-(as needed to meet required 80%mortality of Annually,in-perpetuity installed vegetation,0%prohibited exotics.) Second Annual Report Restoration/Maintenance Efforts-(as needed to meet required 80%mortality of Annually,in-perpetuity installed vegetation,0%prohibited exotics.) Third Anrioal Report Restoration/Maintenance Efforts-(as needed to meet required 80%mortality of Annually,in-perpetuity installed vegetation,0%prohibited exotics.) 1u' Attachment II Tropical Environmental Consultants OGC Case No. 22-2530 Plan for Restoration of Natural Habitat Page 4 of 5 Exhibit A - Restoration Area 1 6 A 1 .' _ . . ;- it --_ - 7 -4----. '- . 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Key: Restoration Area 0.0145 ac(632 sq ft) NA Subject Parcel lA 1111 Upland Area 2.58 Acres 1. Wetland Area 7.42 Acres 4111.1 Tropical Environmental Consultants tzai pm,. a Willow Environmental LLC Company 3900 Maimix Dr.Suite 118 Naples,Fl.34,114 http,:::trorwalenvironmentalconsultanB.com. 4 239-455-6232 Atti. 0 82 164 246 ft Copyright 2022 MapWise,Inc.All rights reserved.www.mapwise.com.This map is informational only.No representation is made or warranty given as to its content.User assumes all risk of use.MapWise and its suppliers assume no responsibility for any losses resulting from such use. 1 „6A1 1 CONSERVATION COLLIER FOLIO NO; 41501440005 TEMPORARY ACCESS EASEMENT THIS EASEMENT, made and entered into this da ��of , G{S l y 202 , BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, whose mailing address is 3335 East Tamiami Trail, Suite 101. Naples, Florida 34112, as Grantor. to the Cypress Cove Landkeepers Inc. f/k/a Cypress Cove Conservancy, Inc.. a Florida not-for-profit Corporation, whose mailing address is 4261 40th Ave SE. Naples. FL 34117, its successors. assigns, agents. and contractors. hereinafter collectively known as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives. successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee. the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee. a perpetual, non-exclusive easement for access purposes, on, over and within the following described lands located in Collier County, Florida, to wit: All of Tract 15 and Tract 18. Golden Gate Estates Unit No. 91. according to the Map or Plat thereof as recorded in Plat Book 5, Page 30, of the Public Records of Collier County. Florida. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land for the purpose of allowing the Grantee to comply with the State of Florida Department of Environmental Protection ("FDEP") Consent Order OGC Case No. 22-2530, dated March 16. 2023 ("Consent Order"), to remove and restore 0.0145 acres of wetlands by implementing the corrective actions as outlined in the Consent Order, including. but not limited to. maintenance, monitoring. treatment. and replanting of vegetation. The easement granted herein shall run with and burden the lands described above. (25-RPR-03905/1937671/11 Q9 G 16A11 This easement shall automatically terminate upon the completion of the above- mentioned activities by Grantee and Grantor's receipt the copy of the Case Closure Letter from FDEP, unless terminated earlier by Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. AS TO GRANTOR: ATTEST: CRYSTAL` K—RIN ' , Clerk of the BOARD OF COUNTY COMMISSIONERS Circuit Court aIi Coeiikptroller COLLIER COUNTY, FLORIDA astoChairman's. , D pu erk BURT L. SAUNDERS, Chairman signature only Approved as to form and legality Sally A. Ashkar. Assistant County Attorney [25-RPR-03905/1937671/1] 2 GPI