Loading...
EAC Minutes 09/03/2008 R September 3, 2008 MINUTES OF THE MEETING OF THE COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Naples, Florida, September 3, 2008 LET IT BE REMEMBERED, that the Collier County Environmental Advisory Council in and for the County of Collier, having conducted business herein, met on this date at 9:00 AM in REGULAR SESSION at Building "F" of the Government Complex, Naples, Florida, with the following members present: CHAIRMAN: William Hughes VICE CHAIRMAN: Dr. Judith Hushon (Excused) Noah Standridge David Bishof Nick Penniman (Excused) Michael V. Sorrell Dr. Llew Williams (Excused) Paul Lehmann Quin Kurth ALSO PRESENT: Steve Williams, Assistant County Attorney Susan Mason, Principal Environmental Specialist Stan Chrzanowski, PE, Engineering Manager Summer Brown-Araque, Sr. Environmentalist Specialist Barbara Burgeson, Principal Environmental Specialist Chris D'Arco, Environmental Specialist ENVIRONMENTAL ADVISORY COUNCil AGENDA September 3, 2008 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") - Third Floor PACKETS WERE SENT OUT WITH lAST MONTH'S AGENDA I. Call to Order II. Roll Call III. Approval of Agenda IV. Approval of July 2, 2008 meeting minutes V. Upcoming Environmental Advisory Council Absences VI. land Use Petitions A. Site Development Plan No. SDP-2007-AR 12003 Gridley Medical Center SOP Section 33, Township 50 South, Range 26 East B. Environmental Impact Statement- EIS- 2007-AR-12622 Willow Run Quarry EIS Sections 11-14, Township 50 South, Range 26 East VII. New Business VIII. Old Business A. Update members on projects IX. Subcommittee Reports X. Staff Comments A. CCPC and BCC staff reports - Discussion of sending to EAC XI. Council Member Comments XII. Public Comments XIII. Adjournment ******...******...************************************************* Council Members: Please notify Summer Araaue. Environmental Services Senior Environmental Specialist no later than 5:00 p.m. on Auaust 28. 2008 if vou cannot attend this meetina or if vou have a conflict and will abstain from votina on a petition /252-6290\. General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. September 3, 2008 I. Call to Order Chairman Hnghes called the meeting to order at 9:00AM. II. Roll Call Roll call was taken and a quorum was established. III. Approval of Agenda Mr. Bishofmoved to approve the agenda. Second by Mr. Lehmann. Carried unanimously 6-0. IV. Approval of July 2, 2008 meeting minutes Mr. Sorrell moved to approve the minutes of the July 2,2008 meeting. Second by Mr. Bishof. Carried unanimously 6-0. Chairman Hughes noted at last months Planning Commission meeting, some members of the Environmental Engineering Staff stated all the proposed Land Development Code (LDC) changes had been reviewed by the Environmental Advisory Council, which was not an entirely accurate statement. Due to the lack of a quorum for the August Environmental Advisory Council meeting, the Council was unable to review the final drafts of the LDC changes. V. Upcoming Environmental Advisory Council Absences Chairman Hughes addressed the Council Members stressing the importance of being present for Environmental Advisory Council meetings. The August meeting was cancelled due to a lack of a quorum, which caused unnecessary costs and inconvenience to all parties involved. He noted he has been lenient in members not being present due to the quality of the individual members, and recognizes serving on the Council is voluntary and honorable, however in the future will be more stringent regarding members being declared "excused" or "absent." He will provide a memo regarding this issue to all Council members. Summer Brown- Araque, Sr. Environmental Specialist reviewed the Advisory Committee Absence policy noting 2 absences or more (by a member) empowers the Chairman to have a member removed from a Board ifhe so chooses. VI. Land Use Petitions A. Site Development Plan No. SDP-2007-AR 12003 Gridley Medical Center SDP Section 33, Township 50 South, Range 26 East The presenters were sworn in Chairman Hughes formerly apologized to the applicants for last months delay (due to a lack of a quorum.) 2 September 3, 2008 Alicia Lewis of Boylan Environmental Consultants represented the Applicant and stated she has previously been registered as a lobbyist in Collier County. She provided an overview of the project noting the following: . The project is approximately 300 feet north of the intersection of Collier Blvd and US 41 across from Lely Resort Blvd. . A majority of the lands are disturbed with the remaining infested with exotic vegetation. . The two areas of wetlands on the property were evaluated and the impacts on them were permitted by South Florida Water Management District on 1/08/08 (permit #11-02802-P) and the Army Corps of Engineers on 7/29/08 (permit # SAJ 20074314 SP-BAL.) . The permits require mitigation credits for impacts on the wetlands (0.36 credits at Panther Island Mitigation Bank and 0.53 credits at Big Cypress Mitigation Bank.) The credits have been purchased. . The Control Elevation for the site was set at 4.7' NGYD . The project provides for a 0.37 acre preserve to be replanted as a mixed hardwood area for hydrologic maintenance purposes. . The preserve will be treated for Category I and 2 exotics into perpetuity. . There were 4 active gopher tortoise burrows observed within the disturbed area of the project. The tortoises are to be re-Iocated outside Collier County in accordance with Florida Fish and Wildlife Conservation Commission permit #WR08229. . The Army Corps of Engineers permit requires signage on-site during construction protecting any Indigo Snakes encountered. . The Wood Stork and Florida Panther impacts were mitigated by the off site mitigation requirements. Michael Herrera, Q Grady Minor Associates P.A., consultant for the applicant addressed the Council on the details of the site plan noting the following: . It has a .15 CFS (cubic feet per second) allowable discharge rate discharging southeasterly to the C-4 Collier County drainage canal. . The surface water management system is a "dry system." . The Control Elevation was established via previous permit data on an adjacent project and confirmed by on-site hydrological indicators. . The total acreage of the site is 3.56 acres and the onsite preserve is not within the surface water management system. A discussion ensued regarding the feasibility ofre-locating Gopher Tortoises within developed sites or in closer proximity to the projects proposed (within Collier County.) It was noted that the cost to re-Iocate the two subject Gopher Tortoises is approximately $50,000 It was suggested Staff review policies in this area to determine ifthere are more feasible options of allowing the Tortoises to remain within Collier County (Pepper Ranch, etc.) 3 September 3, 2008 It was noted the areas approved for re-Iocation within Collier County may have reached capacity. Chris D' Arco, Environmental Specialist stated the Bear Management Plan has been submitted and shown on the site plans. Mr. Sorrell moved to approve the Application (Site Development Plan No. SDP- 2007-AR 12003 Gridley Medical Center SDP.) Second by Mr. Kurth. Carried unanimously 6-0. B. Environmental Impact Statement - EIS - 2007 - AR -12622 Willow Run Quarry EIS Section 11-14, Township 50 South, Range 26 East The presenters were sworn in Michael Delate, Q. Grady Minor and Associates, PA represented the Applicant provided and overview of the application noting the following: . The site is an existing rock quarry which has been in operation for 20 years. . Request is for clearing an area for an expansion of use. The permission to clear this area and related Environmental Impact Statement has expired. . The Conditional Use permit is still valid for the mining operation in the area. . There is no off-site (Stormwater) discharge for the site as it is bermed . All areas to be cleared are outside the Conservation Easement lands. Maureen Bonness, Biologist and Natural Area Manager for the Applicant noted the following: . There is a successful ongoing on-site mitigation preserve as indicated by the permittees . The applicant has gone "above and beyond" the permit requirements with controlled burns, a Gopher Tortoise recipient site, etc. . The Gopher Tortoise recipient site is at capacity with the Quarry continuing to operate. . The site is a Red Cockated Woodpecker Safe Harbor area. . Workshops are held on site regarding Gopher Tortoise Biology for interested professionals. . All the mitigation required has been completed. . The area requested for clearing is approximately 26 acres infested with Melaleuca. . The reserve is adjacent to the Picayune State Forest. . In clarification some of the clearing is within the Conservation Easement lands. . The borrow pit lake will be hydrologically connected to the preserve as required by the State of Florida 4 September 3, 2008 Mr. Bishof expressed concern regarding the water quality (dissolved oxygen content, etc.) of a borrow pit lake and its direct connectivity to Preserve water. Maureen Bonness noted the applicant has tested water quality in the past with "no problems" (in the water quality). Clark Leaming, Land Manager for Willow Run Trust stated they are required to monitor water quality annually including dissolved oxygen, salinity; however no dissolved oxygen profile for the entire 50 foot depth is conducted. He did not have the results (on hand) of the dissolved oxygen content tests. A discussion ensued regarding the Preservation Requirements of the Land Development Code. Maureen Bonness noted this applicant was required to provide a Native Preserve Area equal to 15 percent of the "entire site", as opposed to an area equal to 15 percent of the "existing" native vegetation as required in the LDC. She expressed concern that these Sections of the Land Development Code are not being implemented properly. Chairman Hughes noted the Environmental Advisory Council is a venue for appeals if applicants feel they are not being treated fairly in the implementation of the Land Development Code. Mr. Bishofrequested clarification on the status of the Gopher Tortoise Population. Maureen Bonness provided the following estimates: . 15 originally on site . 56 Relocated to the site . 180 burrows/80-90 tortoises estimated on site . 45 acres of Gopher Tortoise habitat (2 tortoise per acre, the maximum per acre allowed) Michael Delate reviewed the status of the existing permits; and stated the mining permit is still valid and will not need a new review. The original permit to clear vegetation in the area has expired and will need to be renewed. Clark Leaming noted that the entire Conservation Area and Preserve is reserved into perpetuity. He noted the issue on Page 2 of the Staff Report regarding the Conservation Easement ("The current draft Conservation Easement submitted for the project is not sufficient") is being addressed by the Applicant. Chris D' Arco, Environmental Specialist addressed the Native Vegetation calculations for the project noting the (area equal to) 15% was based on the (total) area prior to any clearing or mining operations. Any areas with exotics that qualified for deductions could have been addressed at that time by the applicant. With regard to the Rural Fringe Areas within the project, the area equal to 15 percent (of the entire site) applies to that portion of the project. Staff recommends approval of Environmental Impact Statement - EIS-2007 AR- 12622 with the following conditions (1-3): 5 September 3, 2008 (1. A Florida Fish and Wildlife Conservation Commission relocation permit shall be obtained for a gopher tortoises (Gopherus Polyphemus) found on site prior to the proposed clearing activities and a copy shall be forwarded to staff.) (2. Provide a report to the Environmental Services staff on the results of the relocations of the gopher tortoises within thirty days ofrelocation. The report must contain the following information: the number of burrows excavated, the number of tortoises relocated, and the final relocation site) (3. All required preserve and listed species management plans will be incorporated as part of the Vegetation Removal and amended Excavation Permits.) He noted with condition numbers I and 2, a relocation permit was obtained and the Report had been submitted by the applicant with the activities completed under FWC (Florida Fish and Wildlife Conservation Commission) permit #GTRS-2008 4185 and supervised by Ray Ashton. Further, as required on page 5 (paragraph 2, line 16-18) of the Staff Report, the silt fence was installed around isolated uplands to prevent re-entry by tortoises. Mr. Lehmann requested this silt fence requirement be written into the permit. Mr. Standridge moved to approve EIS 2007-AR-12622 with the following stipulations: 1. The above referenced silt fence barrier language be written into the permit. 2. The Conservation Easement Language be considered and finalized before the permit is issued. 3. All of Staff comments (recommendations listed above). Second by Mr. Bishof. Carried unanimously 6-0. Break: 1O:00AM Reconvene: 1O:1OAM VII. New Business Stan Chrzanowski, PE, Engineering Manager reported the following: . The mining industry would like to make a presentation to the Environmental Advisory Council (EAC) and requested staff and any interested consultants be present. He will schedule this item for a future meeting. . New members are requested to individually contact staff to request maps or documents necessary to perform their functions. . County employees conducted field reviews during the aftermath of Tropical Storm Fay to assess any drainage impacts that need to be addressed. . He will send out a re-draft of the Ordinance dealing with re-certifications of previously permitted Stormwater Management systems to EAC members. 6 September 3, 2008 Chairman Hughes requested a copy of the Department of Environmental Protection documentation regarding the recent fish kills in the Golden Gate Canal. Stan Chrzanowski noted a majority of the dead fish were Tilapia and could not be removed from the water by County Ordinance. The Council directed Staff to review this policy and recommend any changes. Mr. Standridge requested clarification on the issue of the previous application's (Willow Run Quarry) Native Vegetation Requirements. Susan Mason, Environmental Specialist stated she was surprised by the applicants comment and the area equal to 15% ofthe entire site was based on the site in a pre- development status. If there were areas that qualified for exemptions (100% Melaleuca), etc. it should have been reflected in the Environmental Impact Statement for Staffs consideration. A portion of the project is in the Rural Fringe, since it is an expansion to an existing project, the requirement is 15 percent of the entire site as opposed to 80 percent of the area in the Rural Fringe was applied to the calculations. Mr. Standridge and Ms. Mason will review the application in an attempt to determine the disparity between the applicant and Staff. VIII. Old Business A. Update memhers on projects None IX. Sub-Committee Reports None X. Staff Comments Summer Brown-Araque noted there are no projects on the Planning Commission Agendas that were reviewed by the Environmental Advisory Council (EAC). If there is a case where the Planning Commission would hear applications of this type, (applications previously heard by the EAC) the (Planning Commission) Staff Reports will be emailed to the EAC members. The Board of County Commissioners (BCC) Staff reports will be available for review on line the Thursday before the following Tuesday meeting. She will send out the BCC Agenda with a reminder regarding items on the Agenda and highlight the link for the Staff Report for Council member's convenience. The Planning Commission does receive the EAC Staff Report and a copy of the Environmental Impact Statement. The Planning Commission Staff Report includes the EAC vote and summary of the issues discussed by the EAC. She recommended any information the EAC wants forwarded to the Planning Commission be included in the motion for the specific application. Chairman Hughes re-iterated the importance of members attending EAC meetings to ensure proper information is forwarded to the Planning Commission or other necessary parties. XI. Council Member Comments 7 September 3, 2008 Summer Brown-Araque reviewed the composition of the Environmental Advisory Council: . 9 members . 2 alternates . 5 members are required for a quorum . Currently 2 vacancies for permanent members It was noted there will be a special Environmental Advisory Council (EAC) meeting on November 12, 2008 for Rural Lands Stewardship Review. Mr. Standridge will forward a draft of the updated policies for the Rural Lands Stewardship to Summer Brown- Araque to distribute to the EAC members for review XII. Public Comments None ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 10:46 AM. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL Chairman William Hughes These Minutes were approved by the Board/Chairman on as presented , or as amended 8