Agenda 02/24/2026 Item #16A 1 (A Commercial Excavation Permit PL20200002201 to excavate and remove an additional 4,200,000 cubic yards of material from the expansion of the existing approved Immokalee Sand Mine)2/24/2026
Item # 16.A.1
ID# 2025-5095
Executive Summary
This item requires Commission members to provide an ex-parte disclosure. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve Commercial Excavation Permit PL20200002201 to
excavate and remove an additional 4,200,000 cubic yards of material from the expansion of the existing approved
Immokalee Sand Mine (This item is a companion to Items 17A and 17B)
OBJECTIVE: For the Board of County Commissioners (Board) to approve Commercial Excavation Permit
PL20200002201 for the excavation and removal of an additional 4,200,000 cubic yards of material from the Immokalee
Sand Mine.
CONSIDERATIONS: The Code of Laws Chapter 22, Article IV, Section 22-110(b)(2) requires petitioners to file for a
Commercial Excavation Permit for the removal of fill from a site. Commercial excavation permits, including
expansions, require Board approval. On October 11, 2016, the Board of County Commissioners (Board) approved
Commercial Excavation Permit No. 60.137 for the Immokalee Sand Mine, which was the original permit that authorized
the excavation of 70,000,000 cubic yards of fill material.
The applicant, Barron Collier Partnership, LLLP, wishes to expand the operations of the existing commercial
excavation, which would increase the existing mine by 91.4 acres to the northwest of the current mining operation. This
project is designated as Agricultural (A) – Mobile Home Overlay (MHO) Zoning and within the Rural Lands
Stewardship Area Overlay (RLSAO) Open Lands, as identified in the Future Land Use Element (FLUE). Pursuant to the
County’s Comprehensive Plan for the RLSA, the proposed excavation requires a conditional use permit. The applicant
has applied for companion conditional use and variance applications, which must be approved prior to or concurrently
with approval of this request.
It is anticipated that the operation will have a life span of 30 years. Excavation depths will reach 90 feet, as per the
construction plans.
Environmental Considerations: Offsite hauling of excess fill, if done properly, will have no environmental impact. No
wetlands are being impacted by this request. Pursuant to the Florida Department of Environmental Protection (FDEP)
Permit, the permittee has mitigated for impacts pursuant to the Environmental Resource Permit regulations. There are
9.874 acres of wetlands in a recorded Conservation Easement (OR 6069, Pg 1960) in accordance with the regulations in
LDC 3.05.07 and 4.08.05.
EAC RECOMMENDATION: On January 15, 2026, the Collier County Planning Commission, acting in its role as the
Environmental Advisory Council (EAC), voted 5 – 0 to send a recommendation for approval to the Board of County
Commissioners (Board).
This items is consistent with the Collier County strategic plan objective to operate and efficient and customer-focused
permitting process.
FISCAL IMPACT: The applicant paid $24,400.00 for the Commercial Excavation Permit application and has already
paid $11,760.00 in road impact fees, which is normally collected prior to permit issuance (after receiving Board
approval).
GROWTH MANAGEMENT IMPACT: This project has been found to be consistent with the goals, objectives, and
policies of the GMP, including specifically the Future Land Use Element (FLUE), Transportation Element and the
Conservation and Coastal Management Element (CCME).
LEGAL CONSIDERATIONS: The petitioner is requesting approval of a Commercial Excavation Permit under
Section 22-110 of the Collier County Code of Laws and Ordinances. The attached staff report and recommendations of
the Collier County Planning Commission (CCPC), acting as the Environmental Advisory Council (EAC), are advisory
only and are not binding on you. All testimony given must be under oath. The Petitioner has the burden to prove that the
Page 287 of 3023
2/24/2026
Item # 16.A.1
ID# 2025-5095
proposed Commercial Excavation is consistent with all the criteria set forth below, and you may question the Petitioner
or staff to satisfy yourself that the necessary criteria have been satisfied under Section 22-110(d) of the Collier County
Code of Laws and Ordinances. Should you consider denying the Commercial Excavation Permit, to assure that your
decision is not later found to be arbitrary, discriminatory, or unreasonable, the denial must be based upon competent,
substantial evidence that the proposal does not meet one or more of the criteria listed below. Should this item be denied,
Florida Statutes section 125.022(5) requires the County to provide written notice to the applicant citing applicable
portions of an ordinance, rule, statute, or other legal authority for the denial.
Criteria for Commercial Excavations
1. The excavation will not interfere with the natural function of any sanitary, storm, or drainage system, or
natural flow way, whether public or private, so as to create flooding or public health hazards, or jeopardize the
functions of the natural resources and environment of Collier County.
2. Dust or noise generated by the excavation will not cause a violation of any applicable provisions of this article.
Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may
require separate county approval.
3. The excavation will not adversely affect groundwater levels, water quality, hydroperiod, or surface water flow
ways. The County Manager or designee may require the applicant to monitor the quality of the water in the
excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted
in such a manner as to violate Collier County or applicable State of Florida water quality standards.
4. The excavation will be constructed so as to not cause an apparent safety hazard to persons or property.
5. The excavation does not conflict with the Growth Management Plan or land development regulations adopted
pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures
may be necessary for projects within the Big Cypress Area of Critical State Concern.
6. In cases were a wetland is no longer capable of performing environmental functions or providing
environmental value, or in cases where it is determined that no reasonable alternative exists other than
disrupting a wetland, certain alternatives may be allowed, except as otherwise authorized through previous
county review processes.
7. Flow of water within and through preserved wetlands shall not be impeded.
8. Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent sedimentation
within the wetland pursuant to the design requirements of Section 10.02.02 of the Land Development Code. Any
building site adjacent to a wetland and elevated by filling must employ the same erosion control devices. Fill
must be stabilized using sod, seed, or mulch.
This item is approved as to form and legality and requires a majority vote for Board approval. - HFAC
RECOMMENDATION(S): To approve the excavation and removal of an additional 4,200,000 cubic yards of fill
within the Immokalee Sand Mine, pursuant to Commercial Excavation Permit PL20200002201, subject to the approval
of Companion items 17A and 17B and the existing stipulations in previously approved Commercial Excavation Permit
60.137 (PL20160000760) and the companion Conditional Use application (PL20240012171).
PREPARED BY: Jaime Cook, Director, Development Review Division, Growth Management Community
Development Department
ATTACHMENTS:
1. SiteLocation Map
2. PL20200002201 Immokalee Sand Mine EX Staff Report
3. Excavation Plans
4. CU Conditions of Approval
Page 288 of 3023
SR 29 NRevelloSTLamm RDE x p e r i m e n t alRD
WomblesRD
O Quinn RDJohnson RD
SR 82Gator Slough LNEdwards Grove RDSunshine RDX3
X1
X1
X1
X4
X2.1
X1
X7 X19
X1
X3
X4
X8
X7X2
X1
X17
X16
X6
X2
X5
X3
X12 X15X14 X9.1X10
X11
X9 X18
X13
X6
X3X8
X1
X4
S.R. 82S.R. 82
State Highway No. 82
State Highway No. 82
CU
CU
MHO-RLSAO
Lamm RDWomblesRD
SR 82
Edwards Grove RDLocation Map Zoning Map
Petition Number: PL20240012171
PROJEC TLOCATION
¹
SITELOCATION
A-MHO-RLSAO
A-MHO-RLSAO
Page 289 of 3023
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION (CCPC) ACTING AS
ENVIRONMENTAL ADVISORY COUNCIL (EAC)
FROM: GROWTH MANAGEMENT DEPARTMENT
DEVELOPMENT REVIEW DIVISION
HEARING DATE: January 15, 2026
SUBJECT: PETITION EX-PL20200002201: IMMOKALEE SAND MINE
COMMERCIAL EXCAVATION PERMIT MODIFICATION
PROPERTY OWNER / AGENT:
Owner / Applicant: Agent:
Barron Collier Partnership, LLLP Jessica Harrelson, AICP
2600 Golden Gate Pkwy Peninsula Engineering
Naples, FL 34104 2600 Golden Gate Pkwy
Naples, FL 34104
Matthew DeFrancesco, P.E.
Bowman
95 Encore Way
Naples, FL 34110
REQUESTED ACTION:
The applicant is requesting approval of a Commercial Excavation Permit to modify the
previously approved Commercial Excavation Permit (PL20160000760; EXP 60.137) to excavate
and remove an additional 4,200,000 cubic yards (cy) of material from the site.
GEOGRAPHIC LOCATION:
The subject property is located in Sections 6 and 7, Township 46 South, Range 29 East, Collier
County and within Open Lands within the Rural Lands Stewardship Area Overlay (RLSAO).
The expansion is located in the northeast portion of the project and is approximately 91.04 acres
in size.
(See location map on the following page)
Page 290 of 3023
PURPOSE / DESCRIPTION OF PROJECT:
The applicant wishes to expand operations of an existing commercial excavation, the Immokalee
Sand Mine. Pursuant to Section 22-110(b)(2) of the Collier County Code of Laws, applications
for commercial excavation permits shall be reviewed by the Environmental Advisory Council
(EAC) for recommendation and approved by the Board of County Commissioners.
SURROUNDING LAND USE AND ZONING:
The surrounding properties to the east, west, and south are designated Agricultural – Mobile
Home Overlay – Rural Lands Stewardship Area Overlay and are within the RLSA Open Lands,
as identified on the Future Land Use Map of the GMP. The property to the north is in Hendry
County. All of the surrounding properties are utilized for active agricultural operations. Site
access is provided through the existing mine entrance on SR 82.
A haul route map is attached, indicating the historical haul route, which is expected to continue
under this application. The closest residential structure is approximately 4,750 feet north of the
northern boundary of the expansion (residence in Hendry County).
Page 291 of 3023
Aerial Exhibit provided by Bowman
HISTORY AND PERMITS:
This project is within the Open Lands of the RLSAO and pursuant to the County’s
Comprehensive Plan for the RLSA, the proposed excavation requires approval of a Conditional
Use petition. Applications for Conditional Use (PL20240012171) and Variance
(PL20240012172) petitions are presented as companion items.
On October 11, 2016, the BCC approved Commercial Excavation Permit 60.137
(PL20160000760), which was the original permit that allowed the excavation of 70 million cubic
yards of fill material.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
This project has been found to be consistent with the goals, objectives, and policies of the GMP,
including specifically the three elements analyzed below:
1) FUTURE LAND USE ELEMENT (FLUE):
The subject property is consistent with the FLUE. The subject property is designated
Agricultural / Rural and within the Rural Lands Stewardship Area Overlay (RLSAO), as shown
on the Future Land Use Map (FLUM) and in the Future Land Use Element (FLUE) of the GMP.
On the Stewardship Overlay Map, part of the FLUM, the site is designated as “Open.” The “A”
Page 292 of 3023
zoning district allows a conditional use for an extraction or earth mining use, as listed in the
Land Development Code (LDC) Chapter 2.03.01.A.1.c.1.
The FLUE states the goal of the RLSAO is to address long-term needs of residents and property
owners within the Immokalee Area Study boundary of the Collier County Rural and Agricultural
Assessment by protecting agricultural activities, preventing the premature conversion of
agricultural land to non-agricultural uses, directing incompatible uses away from wetlands and
upland habitat, enabling the conversion of rural land to other uses in appropriate locations,
discouraging urban sprawl, and encouraging development that implements creating land use
planning techniques. RLSA Policies 1.4 and 1.5 provide that properties within the RLSA may
develop per the “Baseline Standards” (uses allowed by the underlying “A” zoning and
Agricultural / Rural FLUM designation), which includes earth mining by conditional use.
2) TRANSPORTATION ELEMENT:
Transportation Planning staff has reviewed the proposed Commercial Excavation and has
approved the project, including the stipulations of approval listed in the Conditional Use,
including the limiting of traffic to a maximum of 26 pm peak hour, two-way trips, for this
expansion, per the conditions in the proposed Conditional Use (PL20240012171).
3) CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME):
Environmental Planning staff has reviewed this petition and confirmed that the CCME does not
apply, as the FLUE only requires the property to comply with the RLSA environmental
regulations. Therefore, the property is not required to meet the environmental policies of the
CCME.
STAFF ANALYSIS:
Staff has completed a comprehensive evaluation of this petition, including the criteria upon
which a recommendation must be based. Section 22-110(b)(2) of the Collier County Code of
Laws and Ordinances specifies the requirements for the Commercial Excavation Permit. The
specific criteria are as follows:
A. The excavation will not interfere with the natural function of any sanitary, storm or drainage
system, or natural flow way, whether public or private, so as to create flooding or public
health hazards or jeopardize the functions of the natural resources and environment of
Collier County.
Staff Comment: Staff has reviewed the Excavation Permit and has verified that this
excavation will not interfere with the natural function of any sanitary, storm or drainage
system, or natural flow way, whether public or private, so as to create flooding or public
health hazards or jeopardize the functions of the natural resources and environment of
Collier County.
B. Dust or noise generated by the excavation will not cause a violation of any applicable
provisions of this article. Rock crushing operations or material stockpiles that will be
adjacent to any existing residential area may require separate county approval. It is
anticipated that these activities will not occur during this operation.
Page 293 of 3023
Staff Comment: There are seven property owners within 300 feet of the property
boundary, one of whom is the owner of the subject property. An attached aerial depicts
the location. Pursuant to Section 22-110 (c) of the Code of Laws and Ordinances, letters
have been sent to all property owners within 300 feet of the site advising them of this
petition and the EAC and BCC meeting dates. Additionally, signs will be posted in the
area providing notice of the meeting before the Board of County Commissioners. The
applicant has provided a Dust Control Plan within the Excavation Plans to provide
reasonable assurances of dust control. An existing haul road with stabilized subgrade
and a tread wash for trucks exiting the property currently exists onsite. Considering the
location of the subject site and the commercial excavation currently operating, there is
no additional noise anticipated.
C. The excavation will not adversely affect groundwater levels, water quality, hydro-period, or
surface water flow ways. The County Manager or designee may require the applicant to
monitor the quality of the water in the excavation and adjacent ground and surface waters.
Under no circumstances shall the excavation be conducted in such a manner as to violate
Collier County or applicable State of Florida water quality standards.
Staff Comment: Staff has determined that the excavation will not adversely affect
groundwater levels, water quality, hydro-period or surface water flow ways.
D. The excavation will be constructed so as to not cause an apparent safety hazard to persons
or property.
Staff Comment: Staff has determined the excavation follows OSHA guidelines and the
County Code of Laws with respect to the excavation operation so as to not cause an
apparent safety hazard to persons or property.
E. The excavation does not conflict with the Growth Management Plan or land development
regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations.
Special criteria and approval procedures may be necessary for projects within the Big
Cypress Area of Critical State Concern.
Staff Comment: Staff has determined that the excavation does not conflict with the
Growth Management Plan or Land Development Code regulations. The project is not
located within the Big Cypress Area of Critical State Concern.
F. In cases where a wetland is no longer capable of performing environmental functions or
pending environmental value or in cases where it is determined that no reasonable
alternative exists other than disrupting a wetland, certain alterations may be allowed, except
as otherwise authorized through previous county review processes.
Staff Comment: The Environmental Data indicates the property for the proposed mine
consists entirely of lands that have been in active agriculture and no native vegetation
exists within the boundary of the mine. Therefore, no wetlands will be impacted.
G. Flow of water within and through preserved wetlands shall not be impeded.
Page 294 of 3023
Staff Comment: There are no wetlands within the boundary of the proposed mine. There
are no Collier County required preserves within the boundary of the mine, as the land
has been historically cleared for agricultural use and maintained clear of native
vegetation (LDC 4.08.05.J.2).
H. Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to
prevent sedimentation within the wetland pursuant to the design requirements of Section
10.02.02 of the Land Development Code. Any building site adjacent to a wetland and
elevated by filling, must employ the same erosion control devices. Fill must be stabilized
using sod, seed, or mulch.
Staff Comment: Staff has reviewed the Commercial Excavation Permit and the plans
indicate appropriate measures to prevent sedimentation and erosion control.
This project has been found to be consistent with the requirements of Chapter 22, Article IV of
the Code of Laws and Ordinances.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney’s Office reviewed the staff report EX-PL20200002201 on December 22,
2025.
RECOMMENDATION:
Staff recommends the Collier County Planning Commission, acting as the Environmental
Advisory Council (EAC), forward Petition PL20200002201 to the Board of County
Commissioners with a recommendation for approval, including the excavation permit conditions
and Conditional Use stipulations of approval.
Page 295 of 3023
OKEECHOBEE
CHIPLEY
PANAMA CITY LAKE CITY
ST AUGUSTINE
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BARTOW
MIAMI
TALLAHASSEE
FT. LAUDERDALE
DELAND
DAYTONA BEACH
ORLANDO
TAMPA
WEST PALM BEACH
KEY WEST
SARASOTA
FT. PIERCE
OCALA
LAKE
PENSACOLA
JACKSONVILLE
NAPLES
ENGINEER'S SEALSTAMPS
PROJECT #
DATE:
Robau A Bowman Company
Florida Certificate of Authorization No:30462
Designs for Human Habitation and Environmental Conservation
2770 Horseshoe Drive South, Suite 7, Naples, Florida 34104
PERMIT
APPLICATION
SET - NOT FOR
CONSTRUCTION
Matthew W. DeFrancesco P.E. FL# 86640
Page 296 of 3023
N 788862' -
1
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E 504974' -
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PERMIT
APPLICATION
SET - NOT FOR
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2TOPOGRAPHIC AERIAL024-00-001IMMOKALEE SAND MINE EXPANSIONPage 297 of 3023
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1
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PERMIT
APPLICATION
SET - NOT FOR
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3MASTER SITE PLAN0124-00-001IMMOKALEE SAND MINE EXPANSIONPage 298 of 3023
PERMIT
APPLICATION
SET - NOT FOR
CONSTRUCTION SHEET
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4MASTER SITE PLAN0124-00-001IMMOKALEE SAND MINE EXPANSIONPage 299 of 3023
PERMIT
APPLICATION
SET - NOT FOR
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SHEET
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5MAIN ENTRANCE024-00-001IMMOKALEE SAND MINE EXPANSIONPage 300 of 3023
PERMIT
APPLICATION
SET - NOT FOR
CONSTRUCTION SHEET
OFDesigns for Human Habitation and Environmental Conservation IMMOKALEE SAND, LLC.OPERATIONS/CONSTRUCTIONLAKE EXCAVATION PLANS9
6CROSS-SECTIONS024-00-001IMMOKALEE SAND MINE EXPANSION℄
Page 301 of 3023
PERMIT
APPLICATION
SET - NOT FOR
CONSTRUCTION SHEET
OFDesigns for Human Habitation and Environmental Conservation IMMOKALEE SAND, LLC.OPERATIONSLAKE EXCAVATION PLANS9
7CROSS-SECTIONS024-00-001IMMOKALEE SAND MINE EXPANSIONPage 302 of 3023
PERMIT
APPLICATION
SET - NOT FOR
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OFDesigns for Human Habitation and Environmental Conservation IMMOKALEE SAND, LLC.DRAINAGE DETAILSLAKE EXCAVATION PLANS9
8024-00-001IMMOKALEE SAND MINE EXPANSIONPage 303 of 3023
N 788862' - 1 1/8"E 504974' - 10 1/16"
PERMIT
APPLICATION
SET - NOT FOR
CONSTRUCTION
SHEET
OFDesigns for Human Habitation and Environmental Conservation IMMOKALEE SAND, LLC.EROSION CONTROL DETAILSLAKE EXCAVATION PLANS9
9024-00-001IMMOKALEE SAND MINE EXPANSIONPage 304 of 3023
Immokalee Sand Mine (CU-PL20240012171)
October 17, 2025 1
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
IMMOKALEE SAND MINE
CONDITIONS OF APPROVAL
EXHIBIT C
1. Excavation uses within the Immokalee Sand Mine facility shall be limited to that which is depicted on
the six-page site plan set, identified as the “Conditional Use Conceptual Site Plan” dated May 2008
August 2025, with revision on May 14, 2009, prepared by RWA, Inc., Robau, a Bowman Company,
attached as Exhibit B. The site plan noted is conceptual in nature for Conditional Use approval. The
final design must be in compliance with all applicable federal, state, and county laws and regulations;
and
2. Land Development Services Director may approve minor changes in the location, siting, or height of
buildings, structures and improvements authorized by this conditional use as well as all applicable
development standards; and
3. Expansion of uses identified and approved within this conditional use approval, or major changes to the
approved plan, shall require the submittal of a new conditional use application in compliance with all
applicable County Ordinances in effect at the time of the submittal, including Chapter 10.02.03, of the
Collier County Land Development Code, Ordinance 04-41, as amended; and
4. Prior to any vehicular use of the site, the owner shall post two (2) signs along the entry drive, clearly
visible to vehicles entering and leaving the site, providing information regarding potential panther
presence and notifying drivers of the need to use caution. Sign wording, placement, and size will be
subject to review and approval by Collier County Environmental Staff. The owner shall submit, and
receive approval of, the proposed signage plan in conjunction with the first to occur of either the Site
Development Plan process or other local development order as may be required, which may allow
vehicular use of the site; and
Note: As of the date of this conditional use amendment approval, the two (2) signs have been installed
as required.
5. Upon completion of the mining activities, the littoral zone and plantings described on Sheet 65 of 6 of
the Conditional Use Plan , entitled “Turn Lane Details and Cross Sections,” shall be constructed within
36 months, all buildings and equipment shall be removed and littoral zone and plantings shall be
constructed per Sheet 5 "Cross Sections" of the Conceptual Site Plan (Exhibit B); and
6. Development of the site shall be subject to compliance with the project phasing, “Immokalee Sand Mine
Conceptual Phasing Plan”, Sheet X of X Exhibit D, prepared by RWA Robau, a Bowman Company, dated
April 2010 August 25, 2025.
Page 305 of 3023
Immokalee Sand Mine (CU-PL20240012171)
October 17, 2025 2
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
7. Hours of operation shall be limited to 6:30 am to 7:00 pm Monday thru through Saturday for trucking,
and 24 hours Monday through Sunday for excavation and processing; and
8. Evidence of U.S. Fish and Wildlife Service (FWS) and Florida Fish and Wildlife Conservation Commission
(FWC) accepted mitigation for impacts to panthers, woodstorks, Florida black bear, and other listed
species for the excavation expansion will be required prior to the pre-construction meeting with Staff,
as applicable.
9. Blasting Conditions:
a. Blasing will be in accordance with the rules and regulations of the Office of the Florida State
Fire Marshall.
b. Pre-blast inspections are to be conducted on structures within 1,500 feet of where blasting will
occur.
c. A twenty-four (24) hour notice shall be provided to residents within 1,500 feet of where
blasting will occur.
d. All blasts are to be recorded by a seismograph.
810. Transportation Conditions:
a. LDC Section 6.06.02 addresses the construction of sidewalks adjacent to the property frontage
on county or state roads. Also, applicant (or owner) may be required to reserve, dedicate, or
convey portions of the property adjoining the SR 82 right-of-way to FDOT in connection with
the widening of SR 82. The following stipulations shall apply to address these related issues:
1. The owner(s), his successors in title, or assign agree to reserve thirty-five feet (35’) of
right-of-way along the Northerly side of SR 82 for approximately 1,190 feet along the
property’s frontage. The boundaries of this reservation shall coincide with the
preferred alignment shown in the Florida Department of Transportation’s (FDOT)
current Project Development and Environmental (PD&E) Study. The owner(s), its
successors or assigns, agree to cooperate with FDOT during the design process for SR
82, endeavoring to eliminate the need for the additional 35 feet by allowing
conveyance of off-site stormwater run-off, which may be accomplished via dedication
of an easement within this project, at no cost to the County or State, if needed. If the
additional right-of-way cannot be reasonably eliminated (as determined by FDOT),
then the owner(s), its successor or assigns, agree to dedicate up to 35 feet of right-of-
way along the North side of SR 82 to the State of Florida at no cost. The applicant shall
provide compensating right-of-way at no cost of up to twelve feet (12’) width and up
to 460 feet in length (including taper), for a westbound right-turn lane at the project
entrance; and
Note: As of the date of this conditional use amendment approval, the SR 82
improvements have been completed. The 35-foot reservation condition is to remain.
Refer to the 2018 Warranty Deed between the property owner and FDOT, recorded in
Official Record Book 5554, Page 1303.
Page 306 of 3023
Immokalee Sand Mine (CU-PL20240012171)
October 17, 2025 3
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
2. The applicant’s responsibility for construction of sidewalks (or providing payment in
lieu) LDC Section 6.06.02 is limited to those portions that are directly adjacent the SR
82 right-of-way when the project SDP/SIP is approved or when a certificate of
occupancy for the first project building permit is issued, whichever occurs first. In the
event portions of the property that are presently adjacent to SR 82 are hereafter
reserved, dedicated, or conveyed to Collier County or the State of Florida in connection
with the widening of SR 82 (including dedications, conveyances, or reservations for
water management) – as described in Paragraph 1. a, above, such reserved, dedicated,
or conveyed portions of the property shall not be subject to the sidewalk construction
obligation under LDC Section 6.06.02, and shall not be considered part of the SR 82
right-of-way for purposes of calculating the applicant’s sidewalk obligations for the
remaining portions of the property (i.e., the dedicated, conveyed, and reserved
portions of the property shall not be deed as “adjacent” right-of-way with respect to
the balance of the property for purposes of calculating applicant’s sidewalk
obligations). Given that the actual right-of-way reservation and/or dedication needs
for the widening of SR 82 are not known at this point, calculation of the payment in
lieu option for sidewalks shall be deferred until SIP approval or prior to the issuance of
a certificate of occupancy for the first building permit, whichever comes first. The
applicant shall also have the option of constructing a sidewalk or sidewalks at another
location in Collier County as may be agreed to by Collier County Transportation staff,
provided the cost of construction of said sidewalk or sidewalks is at least equal to the
amount of the payment in lieu option for the Immokalee Sand Mine Conditional Use
(as adjusted to account for any dedications, conveyances, or restrictions of the
property in connection with the SR 82 expansion); and
Note: Sidewalks have been installed along the SR 82 frontage.
b. During the life of the mine, the applicant shall reimburse the County annually the expense
actually incurred by the County for maintaining roadway pavement for those segments of State
Roads 82 and 29 within a two-mile radius of the project entrance. The purpose of this
stipulation is to ensure that the County does not incur out-of-pocket pavement maintenance
expenses associated with the use of said sections of State Roads 82 and 29 by applicant’s haul
trucks. Alternatively, and in lieu of the foregoing, should the County adopt a maintenance fee
that is uniformly applied to previously approved and pending mining projects to compensate
for impacts to roadway pavement caused by mine truck traffic, applicant agrees that this
project will be subjected to such fee. In the event of a dispute regarding the amount of
maintenance reimbursement expenses claimed by or paid to the County, the parties shall first
use the County’s then-current Alternative Dispute Resolution Procedure before filing any action
in any court.
Note: SR 82 and SR 29 are not county-maintained roadways; therefore, the Owner is not
responsible for paying annual maintenance fees to the County.
Page 307 of 3023
Immokalee Sand Mine (CU-PL20240012171)
October 17, 2025 4
2600 Golden Gate Parkway, Naples, Florida, 34105 Office 239.403.6700 Fax 239.261.1797
Fla Engineer CA 28275 Fla Landscape CA LC26000632 Fla Surveyor/Mapper LB8479
c. Applicant shall be fully responsible for designing, permitting and constructing westbound
acceleration lane at the project entrance on SR 82 for vehicles leaving the project. The
westbound acceleration lane will be up to twelve feet (12’) in width and up to one thousand,
six hundred and seventy feet (1,670’) in length (including taper) and otherwise comply with
FDOT standards; and
c. The maximum total daily trip generation for the CU shall not exceed 26 two-way PM peak hour
net trips based on the trip generation rates in effect at the time of application for SDP/SDPA
approval.
9.11. A tire wash system will be installed to wash dust from the wheels and underbody of all haul trucks
exiting the facility. The system will direct water under pressure at the wheels and the underside of
each vehicle as it passes through.
Note: As of the date of this conditional use amendment approval, the tire wash has been installed.
10.12. Haul trucks will not be permitted to park or stage along the SR 82 right-of-way. Applicant Owner
may allow haul trucks to stage or park on the project’s internal roadway prior to 6:30 am.
13. Landscape Conditions:
a. The Owner will install an LDC required buffer within 180 days along any property boundary where
an SRA, PUD, rezone, or other residential development has been approved or is approved in the
future on an adjacent property, unless development on the adjacent property includes the
construction of a perimeter berm that is a minimum of 7’ in height, as measured from the Finished
Floor Elevation of the adjacent site.
b. The Owner will install a 20’ Type ‘C’ buffer along the northeast corner of the property, where
adjacent to residential, as shown on the Conceptual Site Plan.
c. The Owner will retain the existing Type ‘A’ buffer along the western property line, as shown on the
Conceptual Site Plan.
d. The Owner will complete the installation of the required Type ‘D’ buffer along SR 82, as shown on
the Conceptual Site Plan.
Page 308 of 3023