Resolution 1996-482/DO 96-02
RESOLUTION NO. 96
OCT 2 2 :396
DEVELOPMENT ORDER NO.
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A RESOLUTiON AMENDING DEVELOPMENT ORDER 86-1, AS PREVIOUSLY
AMENDED, FOR THE WOODLANDS DEVELOPMENT OF REGIONAL IMPACT ("DRI"),
BY PROVIDING FOR, AMENDMENTS TO FINDINGS OF FACT SECTION;
AMENDMENTS TO SECTION 1, DRAINAGE/WATER QUALITY; AMENDMENTS TO
SECTION 4, HISTORICAL/ARCHAEOLOGICAL; AMENDMENTS TO SECTION 5,
TRANSPORTATION; AMENDMENTS TO SECTION 6, VEGETATION AND WILDLIFE;
AMENDMENTS TO SECTION 7, WETLANDS; AMENDMENTS TO SECTION 8,
CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLAN; AMENDMENTS TO
SECTION 10, FIRE, BY THE DELETION THEREOF; EFFECT OF PREVIOUSLY
ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE.
WHEREAS, on August 8, 1996, the Developer, Immokalee Roaa
Partnership, filed an application for proposed changes to The
Woodlands DR! Development Order, as amended, and to modify the
approved Woodlands Master Plan, (Map H), which, as approved, is
attached hereto as Exhibit "A"; and
WHEREAS, rmmokalee Road Partnership and Greg Cabiness have
obtained all necessary approvals and conditional approvals from the
various Collier County agencies, departments, and boards required
as a condition to Planned Unit Development (PUD) zoning and DRI
approval.; and
WHEREAS, the Board of County Corr.missioners as the governing
body of the unincorporated area of Collier County having I:.
jurisdiction pursuant to Chapter 380.06 is authorized and empowered
to consider Applications for Development Approval (ADAl for
Developments of Regional Impact; and
WHEREAS, the public notice requirements of Chapter 380.06 and
the Collier County Land Development Code have been satisfied; and
WHEREAS, the Collier County Planning Commission has reviewed
and considered the report and recommendation of the Southwest
Florida Regional Planning Council (SWFRPC) and held a publiC
hearing on the ADA and on the Application for Public Hearing for
PUD Zoning on October 3, 1996; and
WHEREAS, The Woodlands ADA is also part of an overall rezoning
application by the developer; and the issuance of a development
order pursuant to Chapter 380.06, Florida Statutes, does not
constitute a waiver of any powers or rights regarding the issuance
of other development permits by the County or State; and
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Words underlined are additions; ....ords sl:l!"\I!'!l ~J.1ret,jJn are deletions.
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BXHIBIT -B-
Section 21, Township 48 South, Range 26 East, Collier
County, Florida, less the South 100 feet thereof, being
a Collier County canal right-of-way, also excepting the
following described parcels located in said Section 21,
E ~ of SW ~ of NW ~, and the w ~ of SE ~ of NW ~, and the
w ~ of SW ~ of SE ~, and the W ~ of W ~ of SW ~ of SE ~,
and the SE ~ of SW ~ of E ~ of W ~ of SW ~ of SW ~, and
the E ~ of SW ~ of SW ~.
All of the foregoing subject to any limitations,
dedications, reservations, restrictions or easements of
record.
Property contains: 500.11 acres t
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South Florida Water Management District
Fort Myuo Servke Cent.r' 1342 Colonial Blvd., Suite 81, Fort My<n. FL 33907
(813) 278-SFWM' 1-800-248-1201' Fax (813) 278-7310
CON 24-06
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July 18, 1995
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IHMOKALEE ROAD PARTNERSHIP
1100 FIFTH AVENUE 201
NAPLES FL 33940
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Subject: Notification of Co~plete Application
Project Name: THE WOODLANDS
Application I: 950210-5
Permit No: 11-01232-S
Sec/Twp/Rge: 21 1 48 1 26
County: COLLIER
Board Date: 08110/95
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Dear Applicant:
This is to inform you that your application for a Surface Water
Management permit is now complete. Your application will be reviewed
by the Governing Board on the above mentioned date or earher. A copy
of the staff report on this application will be sent to you for review
prior to the date on which it will be presented to the Governing
Board.
Thank you for your cooperation in this matter.
Sincerely,
~~
Benjamin C. Pratt, P.E.
Area Manager
Ft Myers Service Center
Regulation Department
cc: HOLE MONTES & ASSOCIATES INC
Collier County Engineer
Collier County Agricultural Agent
Glenn Heath, S.W.F.R.P.C.
U.S.EPA, Wetland Protection Section - South Unit
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EXHIBIT "cn ~ 1> 0
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William Hammond EUJ<M K. Pettis Samuel E. Pool< m. Esmltivc Director
Bc"Y Knnr N.rhanicI P. R.ed Michael Slayton. Deputy Exttutivc Director
Ric:Iwd A. Mochck Miriam Singer
. 3301 Gun Club Rood, P.O. !!ax 246lKl, Weat Palm Be.ch, FL 33416-<4680 . (407) 686-8800, FL W ATS 1-800-432-2045
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South Florida Water Management District
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3301 Gun Club Road, Wc.. Palm Beach, Florid. 33406' (407) 686.8800' FL WATS 1-800-432-2045
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1995
I KALEE ROAD PARTNERSHIP
1100 FIFTH AVENUE 201
NA LES, FL 33940
De r Sir/Madam:
Su ject: Permit Modification Number 11-01232-S
THE WOODLANDS, Collier County, SEC 21, TWP 46S, RGE 26E
At its August 10, 1995 meeting, the Governing Board of this District
mo ified Conceptual Approval to your surface water management plan, and
moaified the Surface Water Management Permit subject to the attached 19
li_iting conditions and 32 special conditions. The permit will be mailed
un'er separate cover.
Th conceptual approval does not constitute a construction permit. It is
ba ed upon the information provided by the applicant and may be subject
to suspension, revocation or modification in accordance with Rule
40 -4.341 (FAC) if it is later determined that said information is
er oneous or false. All future applications for construction submitted
pu suant to this conceptual approval will be reviewed pursuant to the
pr visions of Rule 40E-4.301 (4) and (5) (FAC).
As construction plans are developed for additional phases they must be
su itted to this District, and no additional construction may begin
un il written approval has been granted by this District.
If you have any Questions concel'ning this matter, please feel free to
ca 1.
Sf cerel}',
,
cc HOLE MONTES & ASSOCIATES, INC.
COLLIER CITY ENGINEER
KLECE, INC.
OEP
William Hammond Eusene K. Pettis
Bcay Knnr N.rhanid P. Reed
Richard A. Machek Miriam Sinp
MoWn,; Addt.so: P.O. Ba. 24680, West Palm Beach. FL 33416-4680
Samuel E. Pool< m. Esmltivc Director
Michael Slaylrtn, Deputy bcutivc Director
PERMIT NO: II-OI232-s12 C 2
PAGE 2 OF 10
SPECIAL CONDITIONS
1. MINIMUM BUILDING FLOOR ELEVATION: BASIN: WATERSHED-I 14.80 FEET NGVD.
BASIN: WATERSHED-IA - 16.80 FEET NGVD.
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. MINIMUM ROAD CROWN ELEVATION: BASIN: WATERSHED-l - 14.24 FEET NGVD.
BASIN: WATERSHED-IA - 15.60 FEET NGVD.
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THE PERMITTEE SHALL BE RESPONSIBLE FOR THE CORRECTION OF ANY EROSION,
SHOALING OR WATER QUALITY PROBLEMS THAT RESULT FROM THE CONSTRUCTION OR
OPERATION OF THE SURFACE WATER MANAGEMENT SYSTEM.
MEASURES SHALL BE TAKEN DURING CONSTRUCTION TO INSURE THAT SEDIMENTATION
AND/OR TURBIDITY PROBLEMS ARE NOT CREATED IN THE RECEIVING WATER.
THE DISTRICT RESERVES THE RIGHT TO REQUIRE THAT ADDITIONAL WATER QUALITY
TREATMENT METHODS BE INCORPORATED INTO THE DRAINAGE SYSTEM IF SUCH MEASURES
ARE SHOWN TO BE NECESSARY.
LAKE SIDE SLOPES SHALL BE NO STEEPER THAN 4:1 (HORIZONTAL:VERTICAL) TO A
DEPTH OF TWO FEET BELOW THE CONTROL ELEVATION. SIDE SLOPES SHALL BE
NURTURED OR PLANTED FROM 2 FEET BELOW TO I FOOT ABOVE CONTROL ELEVATION TO
INSURE VEGETATIVE GROWTH.
FACILITIES OTHER THAN THOSE STATED UEREIN SHALL NOT BE CONSTRUCTED WITHOUT
AN APPROVED MODIFICATION OF THIS PERMIT.
ALL SPECIAL CONDITIONS PREVIOUSLY STIPULATED BY PERMIT NUMBER 1l-OI232-S
REMAIN IN EFFECT UNLESS OTHERWISE REVISED AND SHALL APPLY TO THIS
MODIFICATION.
SILT SCREENS, H~Y BALES OR OTHER SUCH SEDIMENT CONTROL MEASURES SHALL BE
UTILIZED DURING CONSTRUCTION. THE SELECTED SEDIMENT CONTROL MEASURES SHALl.
BE INSTALLED LANDWARD OF THE UPLAND BUFFER ZONES AROUND ALL PROTECTED
WETLANDS. ALL AREAS SHALL BE STABILIZED AND VEGETATED IMMEDIATELY AFTER
CONSTRUCTION TO PREVENT EROSION INTO THE WETLANDS AND UPLAND BUFFER ZONES.
O. PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, THE PERIMETER OF THE PROTECfED
WETLANDS AND BUFFER ZONES SHALL BE STAKED AND ROPED TO PREVENT ENCROACHMENT
INTO THE WETLANDS. THE PERMITTEE SHALL NOTIFY THE SFWMD'S ENVIRONMENTAL
COMPLIANCE STAFF IN WRITING UPON COMPLETION OF ROPING AND STAKING AND
SCHEDULE AN INSPECTION OF THIS WORK. THE ROPING AND STAKING SHALL BE
SUBJECT TO SFWMD STAFF APPROVAL. THE PERMITTEE SHALL MODIFY THE STAKING AND
ROPING IF SFWMD STAFF DETERMINES IT IS INSUFFICIENT OR IS NOT IN CONFOP~NCE
WITH THE INTENT OF THIS PERMIT. STAKING AND ROPING SHALL REMAIN IN PLACE
UNTIL ALL ADJACENT CONSTRUCTION ACTIVITIES ARE COMPLETE.
THE SFWMD RESERVES THE RIGHT TO REQUIRE REMEDIAL MEASURES TO BE TAKEN BY THE
PERMITTEE IF WETLAND AND/OR UPLAND MONITORING OR OTHER INFORMATION
PERMIT NO: II-01232-S 12 C ?
PAGE 3 OF 10
DEMONSTRATES THAT ADVERSE IMPACTS TO PROTECTED, CONSERVED, INCORPORATED OR
MITIGATED WETLANDS OR UPLANDS HAVE OCCURRED DUE TO PROJECT RELATED
ACTIVITIES.
1. ANY FUTURE CHANGES IN LAND USE OR TREATMENT OF WETLANDS AND/OR UPLAND
BUFFER/COMPENSATION AREAS MAY REQUIRE A SURFACE WATER MANAGEMENT PERMIT
MODIFICATION AND ADDITIONAL ENVIRONMENTAL REVIEW BY DISTRICT STAFF. PRIOR
TO THE PERMITTEE INSTITUTING ANY FUTURE CHANGES NOT AUTHORIZED BY THIS
PERMIT, THE PERMITTEE SHALL NOTIFY THE SFWMD OF SUCH INTENTIONS FOR A
DETERMINATION OF ANY NECESSARY PERMIT MODIFICATIONS.
1. THE PERMITTEE SHALL BE RESPONSIBLE FOR THE SUCCESSFUL COMPLETION OF THE
MITIGATION WORK, INCLUDING THE MONITORING AND MAINTENANCE OF THE MITIGAlleN
AREAS FOR THE DURATION OF THE PLAN. THE MITIGATION AREA(S) SHALL NOT BE
TURNED OVER TO THE OPERATION ENTITY UNTIL THE MITIGATION WORK IS
ACCOMPLISHED AS PERMITTED AND SFWMD STAFF HAS CONCURRED.
14. EACH APPLICATION FOR CONSTRUCTION OF FUTURE PHASES OF THE PERMIT SHALL BE
ACCOMPANIED BY AN UPDATED SUMMARY AND MAP WHICH SHOWS THE LOCATION AND
ACREAGE OF THE WETLAND(S) IMPACTED TO DATE, AND THE EXISTING MITIGATION
AREAS FOR THE ENTIRE PROJECT.
I. A ~ETLAND MONITORING PROGRAM SHALL BE IMPLEMENTED WITHIN THE PROTECTED
WETLANDS AND UPLANDS AND DETENTION AREAS. MONITORING SHALL BE CONDUCTED IN
ACCORDANCE WITH EXHIBIT(S) 8S-8W AND SHALL INCLUDE ANNUAL REPORTS SUBMI1TED
TO THE SFWMD FOR REVIEW. MONITORING SHALL CONTINUE FOR A PERIOD OF 5 YFARS.
1. A WETLAND MONITORING PROGRAM AND MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN
ACCORDANCE WITH EXHIBIT(S) 8S-8W. THE MONITORING PROGRAM SHALL EXTEND FOR A
PERIOD OF 5 YEARS WITH ANNUAL REPORTS SUBMITTED TO SFWMD STAFF. AT THE END
OF THE FIRST MONITORING PERIOD THE MITIGATION AREA(S) SHALL CONTAIN AN 80%
SURVIVAL OF PLANTED VEGETATION. THE 80% SURVIVAL RATE SHALL BE MAINTAINFD
THROUGHOUT THE REMAINDER OF THE MONITORING PROGRAM. AT THE END OF THE !,
YEARS MONITORING PROGRAM THE MITIGATION AREA(S) SHALL CONTAIN AN 80%
SURVIVAL OF PLANTED VEGETATION AND AN 80% COVERAGE OF DESIRABLE OBUGAH
AND FACULTATIVE WETLAND SPECIES.
1. THE WETLAND CONSERVATION AREAS AND UPLAND BUFFER ZONES AND/OR UPLAND
PRESERVATION AREAS SHOWN ON EXHIBIT(S) 3, 4, AND 8E MAY IN NO WAY BE ALTERED
FROM THEIR NATURAL STATE. ACTIVITIES PROHIBITED WITHIN THE CONSERVATION
AREAS INCLUDE, BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING OF BUIUlIN(,S
ON OR ABOVE THE GROUND; DUMPING OR PLACING SOIL OR OTHER SUBSTANCES ~llCll AS
TRASH; REMOVAL OR DESTRUCTION OF TREES, SHRUBS, OR OTHER VEGETATION. \.'lIH
.THE EXCEPTION OF EXOTIC/NUISANCE VEGETATION REMOVAL; EXCAVATION, DRL061NG,
OR REMOVAL OF SOIL MATERIAL; DIKING OR FENCING; AND ANY OTHER ACTIVITJlS
DETRIMENTAL TO DRAINAGE, FLOOD CONTROL, WATER CONSERVATION, EROSION CON1ROL,
OR FISH AND WILDLIFE HABITAT CONSERVATION OR PRESERVATION.
1. WETLAND PRESERVATION/MITIGATION AREAS, UPLAND BUFFER ZONES AND/OR UPLAND
PRESERVATION AREAS SHALL BE DEDICATED AS CONSERVATION AND COMMON AREAS IN
THE CONSERVATION EASEMENTS AS WELL AS ON THE PLAT IF THE PROJECT WILL flF
PLATTED. RESTRICTIONS FOR USE OF THE CONSERVATION/COMMON AREAS SHALL
STI PULATE:
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THE WETLAND PRESERVATION/MITIGATION AREAS, UPLAND BUFFER ZONES, AND/OR
UPLAND PRESERVATION AREAS ARE HEREBY DEDICATED AS CONSERVATION AND COMMON
AREAS. THE CONSERVATION/COMMON AREAS SHALL BE THE PERPETUAL RESPONSIBILITY
OF THE WOODLANDS HOMEOWNERS ASSOCIATION AND MAY IN NO WAY BE ALTERED FROM
THEIR NATURAL STATE AS DOCUMENTED IN THE PERMIT FILE, WITH THE EXCEPTION OF
PERMITTED RESTORATION ACTIVITIES. ACTIVITIES PROHIBITED WITHIN THE
CONSERVATION AREAS INCLUDE, BUT ARE NOT LIMITED TO: CONSTRUCTION OR PLACING
SOIL OR OTHER SUBSTANCES SUCH AS TRASH REMOVAL OR DESTRUCTION OF TREES,
SHRUBS, OR OTHER VEGETATION - WITH THE EXCEPTION OF EXOTIC/NUISANCE
VEGETATION RFMOVAL; EXCAVATION, DREDGING, OR REMOVAL OF SOIL MATERIAL;
DIKING OR FENCING; AND ANY OTHER ACTIVITIES DETRIMENTAL TO DRAINAGE, FLOOO
CONTROL, WATER CONSERVATION, EROSION CONTROL, OR FISH AND WILDLIFE HABIH.T
CONSERVATION OR PRESERVATION.
PERMIT NO: 11-01232-S
PAGE 4 OF 10
COPIES OF RECORDED DOCUMENTS SHALL BE SUBMITTED CONCURRENT WITH ENGINEERING
CERTIFICATION OF CONSTRUCTION COMPLETION.
1. (A) NO LATER THAN MARCH 01, 1996, THE PERMITTEE SHALL RECORD A CONSERVATION
EASEMENT ON THE REAL PROPERTY DESIGNATED AS A CONSERVATION AREA(S) ON
EXHIBIT(S) 3, 4, AND 8E. THE CONSERVATION EASEMENT SHAll BE GRANTED TO THE
SFWMD AND SHALL CONTAIN THE ACTIVITY RESTRICTIONS SET FORTH IN SECTION
704.06(1), F.S. THE CONSERVATION EASEMENT SHALL BE IN SUBSTANTIAL
CONFORMANCE WITH THE DRAFT CONSERVATION EASEMENT ATTACHED AS EXHIBIT(S) 10_
ANY AMENDENTS TO THE CONSERVATION EASEMENT SHALL BE APPROVED BY THE SFWHD.
(B) NO LATER THAN JANUARY 31, 1996, THE PERMITTEE SHALL SUBMIT TO THE
SFWMD, FOR REVIEW AND APPROVAL, TWO (2) COPIES OF THE FOLLOWING:
1. SITE MAP OF CONSERVATION AREA
2. LEGAL DESCRIPTION OF CONSERVATION AREA
3. SURVEY BY PROFESSIONAL LAND SURVEYOR
4. PLAT (IF APPLICABLE)
5. TITLE INSURANCE/OPINION/COMMITMENT
6. FINAL DRAFT OF EASEMENT DOCUMENT
(C) THE CONSERVATION EASEMENT DRAFT SHALL BE APPROVED BY THE SFWMD PRIOR TO
RECORDATION. NO LATER THAN MARCH 31, 1996, THE PERMITTEE SHALL PROVIDE THE
SFWMD WITH TWO (2) CERTIFIED COPIES OF THE RECORDED EASEMENT.
2. ACTIVITIES ASSOCIATED WITH IMPLEMENTATION OF THE WETLAND MITIGATION,
MONITORING AND MAINTENANCE SHALL BE IN ACCORDANCE WITH THE FOLLOWING WORK
SCHEDULE. ANY DEVIATION FROM THESE TIME FRAMES SHALL REQUIRE FORMAL ',fWHO
APPROVAL. SUCH REQUESTS MUST BE MADE IN WRITING AND SHALL INCLUDE (I'
REASON FOR THE MODIFICATION; (2) PROPOSED START/FINISH DATES; AND (3)
PROGRESS REPORT ON THE STATUS OF THE EXISTING MITIGATION EFFORTS.
COMPLETION DATE
MARCH 1, 1996
AUGUST 1, 1996
AUGUST 15, 1996
SEPTEMBER 1, 1996
ACTIV ITY
SUBMIT CONSERVATION DOCUMENTS
BASELINE MONITORING REPORT
EXCAVATION AND GRADING MITIGATION AREA
EXOTIC VEGETATION REMOVAL
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PERMIT NO: 11-01232-S
PAGE 5 OF 10
OC OBER I, 1996 PLANTING MITIGATION AREA
NO EMBER I, 1996 TIME ZERO MONITORING REPORT
NOIEMBER I, 1997 FIRST MONITORING REPORT
NO EMBER I, 1995 SECOND MONITORING REPORT
NO EMBER I, 1999 THIRD MONITORING REPORT
NOVEMBER 1, 2000 FOURTH MONITORING REPORT
NOYEMBER I, 2DOI FIFTH MONITORING REPORT
21. ENbANGERED SPECIES, THREATENED SPECIES, OR SPECIES OF SPECIAL CONCERN HAVE
BEEN OBSERVED ONSITE AND/OR THE PROJECT CONTAINS SUITABLE HABITAT FOR THESE
SPECIES. IT SHALL BE THE PERMITTEE'S RESPONSIBILITY TO COORDINATE WITH THE
FLORIDA GAME AND FRESH WATER FISH COMMISSION AND/OR U.S. FISH AND WILDLIFl
SERVICE FOR APPROPRIATE GUIDANCE, RECOMMENDATIONS, AND/OR NECESSARY PERMITS
TOjAVOID IMPACTS TO LISTED SPECIES.
22. ALL LAKE EXCAVATION SHALL BE LOCATED GREATER THAN 100 FEET FROM THE EDGE OF
THE 40.37 ACRE OUTPARCEL AND GRATE ELEVATIONS SURROUNDING THIS OUTPARCEL
S~LL HAVE INVERTS NO LOWER THAN 13.0' NGVD.
23. UPON COMPLETION OF SITE CLEARING WORK FOR THE GOLF COURSE AND RESIDENTIAL
AREAS ENCOMPASSING BIG CYPRESS FOX SQUIRREL PRESERVE AREAS, THE LIMITS OF
THESE PRESERVE AREAS SHALL BE FIELD DELINEATED. THE PERMITTEE SHALL NOTIFY
THE SFWMD'S ENVIRONMENTAL COMPLIANCE STAFF IN WRITING UPON COMPLETION or THE
DELINEATION AND SCHEDULE A SITE INSPECTION OF THESE AREAS. NO FILLING
ACTIVITIES MAY OCCUR WITHIN THESE AREAS PRIOR TO APPROVAL OF THE PRESERVF
AREA DELINEATIONS.
24. ASIPART OF THE MITIGATION TO OFFSET THE PROPOSED WETLAND IMPACTS, NOT LATER
TH N THIRTY (30) DAYS PRIOR TO THE COMMENCEMENT OF DEVELOPMENT ACTIVITIES IN
WETLANDS ON THE PROJECT SITE, INCLUDING CLEARING ACTIVITIES, THE PERMITTEr
SHALL ACQUIRE 367 ACRES OF LAND WITHIN THE AREA UPSTREAM OF THE WOODLANDS
ANl CONVEY FEr SI~PLE INTEREST TO THE DISTRICT. ALTERNATIVELY, AS SPECIfIED
IN SPECIAL CONDIilONS BELOW, THE PERMITTEE SHALL ELECT TO PROVIDE FUNDING
FO THE DISTRICT TO ACQUIRE THE OFFSITE MITIGATION LANDS. NOT LATER THAN
NINETY (90) DAYS PRIOR TO COHHENCEMENT,OF ACTIVITIES IN WETLANDS, THE
PERMITTEE SHALL NOTIFY THE DISTRICT WHICH MITIGATION PLAN WILL BE PURSUED
ANO PROVIDE AN APPROXIMATE TIMETABLE FOR COMPLETION OF RELATED ACQUISITION
AND/OR PAYMENT ACTIVITIES.
25. OF~SITE MITIGATION LANDS PROPOSED FOR ACQUISITION BY THE PERMITTEE SHALL BE
SUBJECT TO DISTRICT REVIEW AND APPROVAL. PRIOR TO INITIATION OF CONSTRUCTION
ACTIVITIES WITHIN ONSITE WETLANDS, THE PERMITTEE SHALL CONVEY FEE SIMPU
INtEREST FOR THE OFFSITE MITIGATION LANDS TO THE DISTRICT. SIMULTANEOUSI v
WItH THE. CONVEYANCE OF FEE SIMPLE INTEREST, THE PERMITTEE SHALL SUBMIT I'
CA~HIERS CHECK IN THE AMOUNT OF $91,000 TO THE SOUTH FLORIDA WATER
HAMAGEMENT DISTRICT TO FUND LONG TERM MANAGEMENT OF THE OFFSITE MITIGATION
PA tEL.
26. IF THE APPLICANT ACQUIRES THE OFFSITE MITIGATION LANDS, THE FOLLOWING ITEMS
SH LL BE COMPLETED AND PROVIDED TO THE DISTRICT FOR REVIEW AND APPROVAL.
PR OR TO CONVEYING FEE INTEREST OF THE MITIGATION PARCEL TO THE DISTRlr:T:
1) EVIDENCE OF TITLE INSURANCE;
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PERMIT tlo: 1l-01232-S
PAGE 6 OF 10
2 LEGAL DESCRIPTION(S) OF INTEREST TO BE CONVEYED WHICH IS SIGNED AND
SEALED BY A FLORIDA REGISTERED LAND SURVEYOR;
3 INSTRUMENT OF CONVEYANCE INCLUDING LEGAL DESCRIPTION WITH LEGAL
AND PRACTICAL ACCESS;
4 PHASE 1 ENVIRONMENTAL AUDIT. THE PERMITTEE SHALL BE REQUIRED TO
INDEMNIFY AND WARRANT THE DISTRICT REGARDING ENVIRONMENTAL HAZARDOUS
SUBSTANCES; AND
5 TYPE OF INTE~EST CONVEYED.
27. I THE PERMITTEE ELECTS TO HAVE THE DISTRICT ACQUIRE THE OFFSITE MITIGATION
~NDS, THE PERMITTEE SHALL SUBMIT A CASHIERS CHECK IN THE AMOUNT OF $550,000
TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT NOT LATER THAN THIRTY OAY~
(30) DAYS PRIOR TO THE INITIATION OF CONSTRUCTION ACTIVITIES WITHIN ONSITE
WETLANDS. IF THE MITIGATION FUNDS HAVE NOT BEEN RECEIVED BY THE DISTRICT
WITHIN TWO YEARS OF THE DATE OF ISSUANCE OF THIS CONSTRUCTION PERMIT, THE
DISTRICT SHALL RE-EVALUATE THE COSTS OF LAND ACQUISITION AND RELATED lONG
TERM MANAGEMENT COSTS. THE TOTAL COSTS PAYABLE BY THE PERMITTEE FOR
IMpLEMENTATION OF THE OFFSITE MITIGATION PLAN SHALL BE ADJUSTED, IF
NICESSARY, TO REFLECT CURRENT COSTS.
28. A'WETLAND MITIGATION PLAN SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT(S)
Bt-8R. THE PERMITTEE SHALL CREATE 2.7 ACRES OF MARSH AND 6.3 ACRES OF
TRANSITIONAL AREA, RESTORE 121.4 ACRES OF CYPRESS AND 37.5 ACRES OF
TRANSITIONAL AREA AND PROTECT 8.1 ACRES OF UPLAND COMPENSATION AREA(S)
ONSITE. THE PERMITTEE SHALL ALSO PURCHASE AND DONATE TO THE DISTRICT IN FEE
StMPLE, OR PROVIDE FUNDING FOR THE PURCHASE OF, 367 ACRES OF OFFSITE
SINSITIVE LANDS LOCATED NORTH AND EAST OF THE WOODLANDS PROJECT SITE.
29. A MAINTENANCE PROGRAM SHALL BE IMPLEMENTED IN ACCORDANCE WITH EXHIBIT 8V AND
B FOR THE CREATED, RESTORED, AND PRESERVED WETLAND AREAS, UPLAND BUFFER
ZONES AND UPLAND COMPENSATION AREAS ON A REGULAR BASIS TO ENSURE THE
INTEGRITY AND VIABILITY OF THE CONSERVATION AREAS AS PERMITTED. MAINTENANr.~
SRALL BE CONDUCTED IN PERPETUITY TO ENSURE THAT THE CONSERVATION AREAS ARE
MAINTAINED FREE FROM EXOTIC VEGETATION (BRAZILIAN PEPPER, MELALEUCA,
AOSTRALIAN PINE, AND DOWNY ROSE MYRTLE) IMMEDIATELY FOLLOWING HERBICIOI
TREATMENTS, AND THAT OTHER NUISANCE SPECIES SHALL CONSTITUTE NO MORE lllAN
10% OF TOTAL COVER. AT THE END OF FIVE YEARS, EXOTIC VEGETATION SHALL BF
1INTAINED AT LESS THAN 2% COVERAGE IN PERPETUITY.
30. D SCHARGE FACILITIES:
ASIN: WATERSHED-I:
28-0.31' DIAMETER CIRCULAR ORIFICE WITH INVERT AT ELEV: IJ .50' NGVIl
2-0.56' DIAMETER CIRCULAR ORIFICE WITH INVERT AT ELEV: 12.27' NGVlJ.
50 LF OF 3.0' DIAMETER RCP CULVERT.
ECEIVING BODY: CR-846 CANAL.
ONTROL ELEV: 11.50' NGVD.
ASIN: WATERSHED-IA:
PERMIT NO: 11-01232-S
PAGE 7 OF 10
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7-0.25' DIAMETER CIRCULAR ORIFICE WITH INVERT AT ELEV: 13.00' NGVD.
1-4.50' WIDE SHARP CRESTED WEIR WITH CREST AT ELEV: 14.00' NGVD.
440 LF OF 3.0' DIAMETER RCP CULVERT.
RECEIVING BODY: WATERSHED-I.
CONTROL ELEV: 13.00' NGVD.
A~IN: ONSITE SLOUGH:
14-4.25' WIDE X 3' HIGH SLIDE GATE WEIRS WITH MINIMUM INVERT
ELEVATION AT 12.60' NGVD AND MAXIMUM ELEVATION AT 15.10' NGVD.
I4-6D LF OF 2.5' DIAMETER RCP CULVERT.
RECEIVING BODY: CR-846 CANAL VIA ONSITE SLOUGH.
CONTROL ELEV: 12.60' TO 15.10' NGVD.
31. ,PERATION AND MAINTENANCE OF THE WATERSHED-l,IA & 4 SURFACE WATER MANAGEMENT
~YSTEMS SHALL BE THE RESPONSIBILITY OF THE WOODLANDS PROPERTY OWNERS
ASSOCIATION, INC. THE PERMITTEE SHALL SUBMIT A COPY OF THE RECORDED DEED
"ESTRICTIDNS, A COPY OF THE FILED ARTICLES OF INCORPORATION, AND A COPY OF
THE CERTIFICATE OF INCORPORATION FOR THE ASSOCIATION CONCURRENT WITH THE
~GINEERING CERTIFICATION OF CONSTRUCTION COMPLETION.
32. PON COMPLETION OF CONSTRUCTION OF THE (14) SLOUGH STRUCTURES, SEE EXHIBIT-
. OPERATION AND MAINTENANCE OF SAID STRUCTURES SHALL BECOME THE
ESPONSIBILITY OF BIG CYPRESS BASIN.
PERMIT NO: 11-01232-S
PAGE 8 OF 10
12C 2 I
LIMITING CONDITIONS
1 . T E PERMITTEE SHALL IMPLEMENT THE WORK AUTHORIZED IN A MANNER SO AS TO
HtNIMIZE ANY ADVERSE IMPACT OF THE WORKS ON FISH, WILDLIFE, NATURAL
E~VIRONMENTAL VALUES, AND WATER QUALITY. THE PERMITTEE SHALL INSTITUTE
NECESSARY MEASURES DURING THE CONSTRUCTION PERIOD, INCLUDING FULL COMPACTION
OF ANY FILL MATERIAL PLACED AROUND NEWLY INSTALLED STRUCTURES, TO REDUCE
E~OSION, TURBIDITY, NUTRIENT LOADING AND SEDIMENTATION IN THE RECEIVING
WATERS.
2. wlTER QUALITY DATA FOR THE WATER DISCHARGED FROM THE PERMITTEE'S PROPERT, OR
INTO SURFACE WATERS OF THE STATE WILL BE SUBMITTED TO THE DISTRICT AS
REQUIRED BY SECTION 5.9, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT
PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT _ MARCH,
1994." PARAMETERS TO BE MONITORED MAY INCLUDE THOSE LISTED IN CHAPTER 61'-
302, F.A.C. IF WATER QUALITY DATA IS REQUIRED, THE PERMITTEE SHALL PROVIDE
D~TA ON VOLUMES OF WATER DISCHARGED, INCLUDING TOTAL VOLUME DISCHARGED
DURING THE DAYS OF SAMPLING AND TOTAL MONTHLY DISCHARGES FROM THE PROPfRTY
OR INTO SURFACE WATERS OF THE STATE.
TlIS PERMIT SHALL NOT RELIEVE THE PERMITTEE OF ANY OBLIGATION TO OBTAIN
N{CESSARY FEDERAL, STATE, LOCAL OR SPECIAL DISTRICT APPROVALS.
T~E OPERATION PHASE OF THIS PERMIT WILL NOT BECOME EFFECTIVE UNTIL THE
DtSTRICT'S ACCEPTANCE OF CERTIFICATION OF THE COMPLETED SURFACE WATER WATER
MANAGEMENT SYSTEM. THE PERMITTEE SHALL REQUEST TRANSFER OF THE PERMl1 10
T~E RESPONSIBLE OPERATIONAL ENTITY ACCEPTED BY THE DISTRICT, IF DIFFERENT
FRoM THE PERMITTEE. THE TRANSFER REQUEST CAN BE SUBMITTED CONCURRENTLY WITH
T1E CONSTRUCTION COMPLETION CERTIFICATION.
S. A~l ROAD ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRITERIA SET FORTH
I SECTION 6.5, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENT PERMIT
A PLICATIONS WIfHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH, J9Y4."
6. AJl BUILDING FLOOR ELEVATIONS SHALL BE SET IN ACCORDANCE WITH THE CRI1~RIA
SET FORTH IN SECTION 6.4, "BASIS OF REVIEW FOR SURFACE WATER MANAGEMENl
PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT DISTRICT - MARCH,
1994 . "
3
4
7 -SITE DISCHARGES DURING CONSTRUCTION AND DEVELOPMENT WILL BE MADE ONI Y
OUGH THE FACILITIES AUTHORIZED BY THIS PERMIT.
S A ERMIT TRANSFER TO THE OPERATION PHASE SHALL NOT OCCUR UNTIL A RESPONSIIlI.E
E ITY MEETING THE REQUIREMENT IN SECTION 9.0, "BASIS OF REVIEW FOR SURfACE
WA~ER MANAGEMENT PERMIT APPLICATIONS WITHIN SOUTH FLORIDA WATER MANAGEMENT
01 TRICT - MARCH, 1994," HAS BEEN ESTABLISHED TO OPERATE AND MAINTAIN THE
SY TEM. THE ENTITY MUST BE PROVIDED WITH SUFFICIENT OWNERSHIP OR LEGAL
I EREST SO THAT IT HAS CONTROL OVER ALL WATER MANAGEMENT FACILITIES
A HORIZED HEREIN.
9. TH PERMIT DOES NOT CONVEY TO THE PERMITTEE ANY PROPERTY RIGHT NOR ANY
J PERMIT NO: 1l-01232-S 12C 2
PAGE 9 OF 10
R GHTS OR PRIVILEGES OTHER THAN THOSE SPECIFIED IN THE PERMIT AND CHAPTER
40'E-4, FAC.
10. TJE PERMITTEE SHALL HOLD AND SAVE THE DISTRICT HARMLESS FROM ANY AND ALL
DAMAGES, CLAIMS, OR LIABILITIES WHICH MAY ARISE BY REASON OF THE
CONSTRUCTION, OPERATION, MAINTENANCE OR USE OF ANY FACILITY AUTHORIZED BY
T~E PERMIT.
11. T~IS PERMIT IS ISSUED BASED ON THE APPLICANT'S SUBMITTED INFORMATION WHICH
REASONABLY DEMONSTRATES THAT ADVERSE WATER RESOURCE RELATED IMPACTS WILL NOT
BE CAUSED BY THE COMPLETED PERMIT ACTIVITY. SHOULD ANY ADVERSE IMPACTS
CAUSED BY THE COMPLETED SURFACE WATER MANAGEMENT SYSTEM OCCUR, THE DISTRICT
WILL REQUIRE THE PERMITTEE TO PROVIDE APPROPRIATE MITIGATION TO THE DISTRICT
O~ OTHER IMPACTED PARTY. THE DISTRICT WILL REQUIRE THE PERMITTEE TO MODI~Y
THE SURFACE WATER MANAGEMENT SYSTEM, IF NECESSARY, TO ELIMINATE THE CAUSE OF
ntE ADVERSE IMPACTS.
12. WiTHIN 30 DAYS DF ISSUANCE OF THIS PERMIT, THE PERMITTEE OR AUTHORIZED AGENT
SHALL NOTIFY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMMENCEMENT NOTICE
OR EQUIVALENT) OF THE ACTUAL OR ANTICIPATED CONSTRUCTION START DATE AND THE
E~PECTED COMPLETIQ~ DATE.
13. wdEN THE DURATION OF CONSTRUCTION EXCEEDS ONE YEAR, THE PERMITTEE OR
AUTHORIZED AGENT SHALL SUBMIT CONSTRUCTION STATUS REPORTS ON AN ANNUAL BASIS
(VIA THE SUPPLIED ANNUAL STATUS REPORT OR EQUIVALENT) BEGINNING ONE YEAR
At.TER THE INITIAL COMMENCEMENT OF CONSTRUCTION.
14. WI\HIN 30 DAYS AFTER COMPLETION OF CONSTRUCTION OF THE SURFACE WATER
MANAGEMENT SYSTEM, THE PERMITTEE OR AUTHORIZED AGENT SHALL FILE A WRITTEN
STATEMENT OF COMPLETION AND CERTIFICATION BY A FLORIDA REGISTERED
PROFESSIONAL ENGINEER. THESE STATEMENTS MUST SPECIFY THE ACTUAL DATE OF
CONSTRUCTION COMPLETION AND MUST CERTIFY THAT ALL FACILITIES HAVE BEEN
CONSTRUCTED IN SUBSTANTIAL CONFORMANCE WITH THE PLANS AND SPECIFICATIONS
APPROVED BY THE DISTRICT (VIA THE SUPPLIED CONSTRUCTION COMPLETION/
CoNSTRUCTION CERTIFICATION OR EQUIVALENT). THE CONSTRUCTION COMPLETION
CE~TIFICATION MUST INCLUDE, AT A MINIMUM, EXISTING ELEVATIONS, LOCATIONS AND
DIMENSIONS OF THE COMPONENTS OF THE WATER MANAGEMENT FACILITIES.
AODITIONALLY, IF DEVIATIONS FROM THE APPROVED DRAWING ARE DISCOVERED DURING
TH CERTIFICATION PROCESS, THE CERTIFICATION MUST BE ACCOMPANIED BY A COpy
OF THE APPROVED PERMIT DRAWINGS WITH DEVIATIONS NOTED.
IS. WI HIN 30 DAYS OF ANY SALE, CONVEYANCE OR OTHER TRANSFER OF ANY OF THE LAND
WH CH IS PROPOSED FOR DEVELOPMENT UNDER THE AUTHORIZATION OF THIS PERMIT,
TH PERMITTEE SHALL NOTIFY THE DISTRICT OF SUCH TRANSFER IN WRITING VIA
EI ER FORM 0483, REQUEST FOR PERMIT TRANSFER; OR FORM 0920, REQUEST FOR
T SFER OF SURFACE WATER MANAGEMENT CONSTRUCTION PHASE TO OPERATION PHASE
(T BE COMPLETED AND SUBMITTED BY THE OPERATING ENTITY), IN ACCORDANCE WITH
SE TIONS 40E-I.610S AND 40E-4.351, F.A.C.
16. A P~ORATED SHARE OF SURFACE WATER MANAGEMENT RETENTION/DETENTION AREAS,
SU~FICIENT TO PROVIDE THE REQUIRED FLOOD PROTECTION AND WATER QUALITY
TR TMENT, MUST BE PROVIDED PRIOR TO OCCUPANCY OF ANY BUILDING OR RESIDENCE.
PERMIT NO: 11-01232-S
PAGE 10 OF 10
12C 2
17. STABLE, PERMANENT AND ACCESSIBLE ELEVATION REFERENCE SHALL BE ESTABLISHED
ON OR WITHIN ONE HUNDRED (100) FEET OF ALL PERMITTED DISCHARGE STRUCTURES NO
CATER THAN THE SUBMISSION OF THE CERTIFICATION REPORT. THE LOCATION OF THE
ELEVATION REFERENCE MUST BE NOTED ON OR WITH THE CERTIFICATION REPORT.
18. IT IS THE RESPONSIBILITY OF THE PERMITTEE TO INSURE THAT ADVERSE OFF-SITE
tTER RESOURCE RELATED IMPACTS 00 NOT OCCUR DURING CONSTRUCTION.
19. E PERMITTEE MUST OBTAIN A WATER USE PERMIT PRIOR TO CONSTRUCTION
EWATERING, UNLESS THE WORK QUALIFIES FOR A GENERAL PERMIT PURSUANT TO
UBSECTION 40E-20.302(4), F.A.C.
EXHIBIT "A"
CAN BE FOUND ON
MICROFILM
IN THE
MINUTES AND RECORDS
DEPARTMENT