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CCPC Agenda 10/19/2009 S CP-2008-4 & CP-2009-01 CCPC SPECIAL MEETING AGENDA CP-2008-4 CP-2009-1 TRANSMITTAL HEARINGS OCTOBER 19, 2009 , ... COLLIERCOUNTY C]rowth Managcll1cnt Plan An1cnc!tnents 2007~2008 C:on1hined C:ycle & Petition C=P~2009~ 1 TRANSMITTAL HEARINCJS C~CPC:: (Jctoher 19, 2009 COI'EI'S: P..i.ions CP.2008.4 l CP.2009.1 APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN PETITION NUMBER CP-2co5-4- DA TE RECEIVED_A-12~06 PRE-APPLICATION CONFERENCE DATE 4/ 2-.1 lOB DATE SUFFICIENT rJ 1 ~ /00. { PLANNER ASSIGNED: '(\J~hl' l~l1YVliritl AI0.P COMMISSION DISTRICT: 5 - \. C\)l9,J-l:fl [ABOVE TO BE COMPLETED BY STAFF] This application, with all required supplemental data and information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone: (941)403-2300; Fax: (941)643- 6869. The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified, in writing, of the sufficiency determination. If insufficient, the applicant w ill have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 (attached). If you have any questions, please contact the Comprehensive Planning Section at 941-403-2300. SUBMISSION REQUIREMENTS I. GENERAL INFORMATION A. Name of Applicant(s) John & Teresa Fillmore Company Fillmore LLC Mailing Address 2250 Washburn Avenue City: Naples State: Florida Zip Code: 34117 Phone Number: 239-352-7888 Fax Number: 239-352-4649 B. Name of Agent* Dwiqht Nadeau * THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company/Firm RWA, Inc. Mailing Address 6610 Willow Park Drive City: Naples State: Florida Zip Code 34109 Phone Number: 239-597-0575 Fax Number: 239-597-0578 Email Address:dhnlalconsult-rwa.com S:\2008\080073.00.00 Yahl Mulching GMPA\0003 CPA Application Supporl\2009-9-3 GMP ,-\mendment Application Form.doc C. Name of Owner(s) of Record: Fillmore LLC. Mailing Address: 2250 Washburn Avenue City: Naples State: Florida Zip Code: 34117 Phone Number: 239-352-7888 Fax Number: 239-352-4649 D. Name, Address and Qualifications of additional planner, architects, engineers, environmental consultants and other professionals providing information contained in this appiication. Dwight Nadeau, Planning Manager RWA, Inc. 6610 Willow Park Drive Naples, FL 34109 Reed K. Jarvi, Omega Consulting Group 3365 Woods Edge Circle Unit 102 Bonita Springs, FL 34134 Michael R. Ramsey, Ramsey Inc. 2631 4th St. NW Naples, FL 34120 II DISCLOSURE OF INTEREST INFORMATION: A. If the property is owned fee sim pie by an IN DIVI DUAL, tenancy by the entirety, tenancy in com mon, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership ~:\20()H\080073_()(J.(I() 'lahl !\lulching (;\.ll'.-\ \(Joo) (:p,.\ :\pplication ~upport\2(1(),)-0":) (iMP ;\mcndmct1t Application Form.Joc 2 B. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. Name and Address, and Office Percentage of Stock C. if the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of I nteres t D. If the property is in the name of a GEN ERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. See Attachment N Name and Address John Fillmore Percentage of Ownership 50 % Teresa Fillmore 50% E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contact purchasers below, including the officers, stockholders, beneficiaries, or partners, and provide one copy of the executed contr act. Name and Address Percentage of Ownership F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership or trust. Name and Address S:\2()OH\U!\(JOB.()(J.()U Yanl r....Iulching CiI\1P/\ \oom U'..\ t\pplicatioll Surron\2()()<)"9-.1 G1\11' i\mr.;ndmenl .-\pphcatio!1 hlrm.doc 3 G. Date subject property acquired (April 10, 2003 ) leased ( ):~ Terms of lease~yrs/mos. If Petitioner has option to buy, indicate date of option:~ and date option terminates: , or anti cipated closing date H. NOTE: Should any changes of ow nership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. III. DESCRIPTION OF PROPERTY A. Legal Description: A PARCEL OF LAND LYING IN SECTION 31, TOWNSHIP 49 SOUTH. RANGE 27 EAST. COLLIER. COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 31. TOWNSHIP 49 SOUTH. RANGE 27 EAST. THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 31. NORTH 89'58'41" EAST. A DISTANCE OF 343.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED: THENCE CONTINUING ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 31. SOUTH 89'59"49" EAST, A DISTANCE OF 1029.30 FEET: THENCE SOUTH 02'04'30" EAST. A DISTANCE OF 658.93 FEET; THENCE NORTH 89'58'14" WEST. A DISTANCE OF 342.85 FEET: THENCE SOUTH 02'05'32" EAST. A DISTANCE OF 558.99 FEET: THENCE NORTH 89'57'41" WEST. A DISTANCE OF 1029.48 FEET: THENCE NORTH 02'07'49" WEST. A DISTANCE OF 558.60 FEET: THENCE SOUTH 89'58'27" EAST. A DISTANCE OF 343.20 FEET: THENCE NORTH 02'03'36" WEST. A DISTANCE OF 658.67 FEET TO THE POINT OF BEGINNING. CONTAINING 1.252.915 SQUARE FEET. OR 28.763 ACRES. MORE OR LESS. SURVEY INFORMATION PROVIDED BY RHODES AND RHODES LAND SURVEYING, INC. B. Section: ;D.... Township: 49 South Range: 27 East C. Tax I.D. Number (Folio #) 00341920409 (Previous Folio combined on Mav 18, 2006 #'s 00337520004.00338600004.00341360001,00341920409. 00341920302, 0037040005. 00341040004). D. General Location N of 1-75 E of 951 Located on White Lake Blvd E. Planning Community Rural Estates F. TAZ 228 G. Size in Acres District. 28.76 H. Zoning A. Aqricultural S:\2()()ii\()Ii()U7_~.II().()1J Yahl !\Iulching (;I\[l'l\\O(J(J3 CI',\ Application S\lpp()rt\2(JO~-')-_) eM]' Amendment Application Form_doc 4 I. Present Future Land Use Map Designation (s) Aoricultural/Rural Desionation; Rural Frinoe Mixed Use District; Sendino Lands IV. TYPE OF REQUEST A. Grow1h Management Plan Element(s) OR Sub-Element(s) to be amended: x Future Land Us e Immokalee Area Master Plan Transportation Coastal & Conservation Intergovernmental Coord. Sanitary Sewer Drainage Golden Gate Area Master Plan __ Capital Improvement Housing Recreation & Open Space Potable Water Solid Waste Natural Groundwater Aquifer B. Amend Page(s) 94. Overlavs and Special Features,125, Future Land Use Map. and North Belle Mead Overlav Map of the Future Land Use Element As Follows: ( Use Cross tRre~!lAs to identify language to be deleted: Use Underline to identify language to be added). Attach additional pages if necessary: Please see Attachment B. B-1 and Attachment B-2 C. Amend Future Land Use Map(s) designation, FROM: Aoricultural/Rural Desionation. Rural Frinoe Mixed Use District - Sendino Lands TO: Lands Aoricultural/Rural Desionation. Rural Frinoe Mixed Use District - Neutral Please See Attachment A. Narrative Statement [If new District and/or Sub-district proposed, include Future Land Use Map with legend depicti ng it]. D. Amend other Map(s) and Exhibits as follows: (Name & Page #) Paoe 125. Future Land Use Map. and North Belle Mead Overlav Map Please see Attachment B and B-1. E. Describe additional changes requested: V. REQUIRED INFORMATION Note: All Aerials must be at a scale of no smaller than 1" = 400'. At least one copy reduced to 8 Y, x 11 shall be provided of all aerials and/or maps. A. LAND USE 1. Attachment C Provided general location map showing surrounding developments (PUD, DRI'S, existing zoning) with subject property outlined. 2. Attachment 0 Provide most recent aerial of site showing subject boundaries, source, and date. ,'i:\200R\(1l)(J<!7].!J(),()() Yalll iVlulching (,MPA\O()03 (]).'\ ArrJicati()fl SUrr(lrt\21)()l}.<),3 (iMP .-\mcndmcIll Application ';nrm,d()[ 5 3. Attachment E Provide a map and summary table of existing land use and zoning within a radius of 500 feet from boundar ies of subject property. B. FUTURE LAND USE DESIGNATION 1. Attachment F Provide map of existing Future Land Use Designation(s) of Subject property and adjacent lands, with acreage totals for each land use designation on the subject property. C. ENVIRONMENTAL 1. Attachment G Provide most recent aerial and sum mary table of acreage of Native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FOOT-FLORIDA LAND USE, COVER AND FORMS CLASSIFICATION SYSTEMM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AEIRAL IN "A" ABOVE. 2. Attachment G Provide a summary table of Federal (US Fish & Wildlife Service) and State (Florida Fish and Wildlife Conservation Commission) listed plant and anim at species known to occur on the site and/or known to inhabit biological communities similar to the site (e.g. panther or black bear range. avian rookery, bird migratory route, etc.). 3. Attachment 0 Identify historic and lor archaeological sites on the subject property. Provide copy of County's Historical/Archaeological Probability Map and correspondence from Florida Department of State. D. GROWTH MANAGMENT Reference 9J-11.006, F.A.C. and Collier County's Capital Improvement Element Policy 1.1.2 (Copies attached). INSERT "V" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: 1. N 2. N 3. N 4. N 5. Y Is the proposed am endment located in an Area of Critical State Concern? (Reference 9J-11.006(1 Ha)7.a, FAC.) If so, identify area located in ACSC. Is the proposed am endment directly related to a proposed Development of Regional Impact pursuant to Chapter 380, F .S.? Is the proposed am endment directly related tot a proposed Small Scale Development Activity pursuant to Subsection 163.3187(1)(c), F.S.? (Reference 9J-11.006(1)(a)7.b, FAC.) Does the proposed amendment create a significant impact in population which is defined as a potential increase in County wide population by more than 5% of population projections? (Reference Capital Improvement Element Policy 1.1.2). If yes, indicate mitigation measures being proposed in conjunction with the proposed am endment. Does the proposed land use cause an increase in density and/or intensity to the uses permitted in a specific land use designation S:\2(JOR\OK()073,1)().IJU Yahl i\'[lllching C;l'v!P\\()(J(J3 (:1',.\ Applical10n SllPpOrl\2(J()9-9-3 (iMl' .\mcnJmCf1l i\pplicatioll hlrm.doc 6 and district/subdistrict identified (commercial, industrial, etc.), or is the proposed land use a new land use designation or district/subdistrict? (Reference Rule 9J-5.006(5) FAC.). If so, provide data and analysis to support the suitability of land for the proposed use, and com patibility of use with surrounding land uses, and as it concer ns protection of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-1.007, FAC.). E. PUBLIC FACILITIES 1. Attachment H Provide the existing adopted Level of Service Standard (LOS, and document the impact the proposed change will have on that Standard, for each of the following public facilities: a) x Potable Water b) x Sanitary Sewer c) Attachment J Arterial & Collector Roads: Name of specific road and LOS d) e) f) Drainage Solid Waste Parks: Community and Regional If the proposed amendment involves an increase in residential density, or an increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment. (Reference Capital Improvement Element Policy 1.1.2 and 1.1.5). 2. Attachment I Provide a map showing the iocation of existing services and public facilities that will serve the subject property (i.e. water, sewer, fire protection, police protection, schools and emergency medical services). 3. Attachments H & A Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools fire protection and emergency medical services. F. OTHER Identify the following areas relating to the subject property: 1. Attachment K Flood zone based on Flood Insurance Rate Map data (FIRM). 2. NA Location of well fields and cones of influence, if appli cable. (Identified on Collier County Zoning Maps). 3. NA Traffic Congestion Boundary, if applicable 4. NA Coastal Management Boundary, if applicable S:\2()OX\Of\0071.()(J()() Yahl Mulchlllg C;t\ll',\\()()().) CPA Application Suppnrt\2()O')-l)-.1, (;1\.11' Amendment Application Form.Joc 7 5. NA High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION 1. x $16,700.00 non-refundable filing fee, made payable to the Board of County Commissioners, due at time of submittal. 2. NA $9,000.00 non-refundable filing fee for a Small Scale Amendment, made payable to the Board of County Commissioners, due at time of submittal. 3. x Plus Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly) 4. Attachment M Proof of ownership (Copy of deed). 5. Attachment L Notarized Letter of Authorization if Agent is not the Owner (see attached form). 6. x 1 Original and 5 complete, signed applications with all attachments, including maps, at time of submittal. After sufficiency is completed, 15 copies of the complete application will be required. Additional copies may be required. * Maps, aerials, sketches shall include: North arrow; name and location of principal roadways; shall be at scale of 1" = 400' or at a scale as determined duri ng the pre-application meeting; identification of the subject site; legend or key, if applicable. All oversized documents and attachments must be folded so as to fit into a legal-size folder. For all oversized exhibits, at least one copy must be submitted at 8-1/2 x 11 inches. All exhibits and attachments to the petition must include a title and exhibit # or letter, and must be referenced in the petition. S:\20llK\(If!()(,73.lIlU)() Yahl f\'lulching (J!\!PA\()()()', (:Pl\ ;\pplicatioll Support\2U()'J-'J-3 (;I\1P Amendment ..\pplicatiurl J'"urm,J()(: 8 Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL Attachment A Narrative Statement for Fillmore Recycling GMP Amendment The subject property consists of +/- 28.7 acres and is located on Washburn Avenue and White Lake Boulevard, in Section 31, Township 49, Range 27, Collier County, Florida (See Attachment C "General Location Map"). The subject property is zoned "A", Rural Agricultural District and is partially cleared and improved with the existing Yahl Mulching and Recycling facilities. (See Attachment D "Aerial FLUCFCS Map"). The adjacent properties include agricultural land uses (i.e.: single family homes, plant nursery and truck bam) to the north and east, Collier County and State right-of-way to the south, and Collier County Land Fill facility to the west, (See Attachment E "Existing Zoning and Land Use"). The property is in the AgriculturalfRural Designation; Rural Fringe Mixed Use District (RFMUD); North Belle Meade Overlay (NBMO) - Non Natural Resource Protection Area (Non-NRPA) Sending Lands of the Collier County Grow1h Management Plan (GMP) Future Land Use Map (FLUM) (See Attachment F "Future Land Use Map"). A!!ricultural: The purpose of the "A", Rural Agricultural District Land Use Designation is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are pcrmissible as conditional uses in the "A" District. Rural Frin!!e Mixed Use District (RFMUD): The challenges and goals of the RFMUD are to provide transition between the Urban and Estates designated lands, and between the Urban and Agricultural/Rural and Conservation designated lands. The RFMUD employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. The RFMUD allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. While not proposed in this petition, the RFMUD allows the Transfer of Development Rights (TDR) process that provides an equitable method of protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential. Within the RFMUD, residential density may be transferred from lands 5:11008\08007300.00 Yahl Mulching GMPAlOOO2 CPA Appt;catilln\J.009_~_14. Narrati"edoc - I - U'X1 A'" ::.";.'._ ""." ~ I '1;1' "" f~~'''''''"1 ..&."-l f-L .a.s.r,.,r"". Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TDR process. Sending Lands designation are those lands that have the highest degree of enviromnental value and sensitivity, and generally include significant wetland, uplands, and habitat for listed species. North Belle Meade Overlav (NBMO): The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. The NBMO area is unique to the RFMUD because it is surrounded by areas that are vested for development on three sides. Because the area is largely undeveloped and includes substantial vegetated areas, the Sending Lands can and do provide valuable habitat for wildlife, including endangered and threatened species. The Overlay area are also areas the have been previously impacted by canal constmction and past clearing and agricultural practices which have altered the natural hydroperiod. The challenge of the NBMO area is to achieve a balance of both preservation and opportunities for future development that takes into account resource protection and the relationship between this area and the Estates. Sendine Lands: Sending Lands consist ofNRPA lands and non-NRPA lands in which residential development is discouraged. Further, Sending lands are those areas that have the highest degree of environmental value and sensitivity, and generally include significant wetlands, uplands, and habitat for listed species. Endangered and threatened species located in these areas include colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat, are primary planning considerations in this area. Neutral Lands: Neutral Lands are neither Sending nor Receiving areas. They have been identified for limited semi-mral residential development. Available data indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher habitat values than lands designated as Receiving Lands, but these values do not approach those of Sending Lands. Therefore, these lands are appropriate for limited development if such development is directed away from existing native vegetation and habitat. As set forth in the Collier County Conservation and Coastal Management Element of the GMP, Neutral lands shall preserve a minimum of 60% of the native vegetation present, not to exceed 45% of the total sitc area. S_\200a\08007300 00 YaIll Mukhins GMPA\()(){l2 CPA APl'licilion\lOO9-S_l4_N.un(iy~_doc - 2- DYXTA'"' :.::::~ CO",,,,').-')"-',; '....",..,,". ........., ,... ....,......r<n> Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL Proposed Growth Mana2ement Plan Amendment: The proposed Gro",1h Management Plan Amendment provides for the modification of the subject property designation from Sending Lands to Neutral Lands on the Future Land Use Map. See Attachment B "Proposed Future Land Use Map" The proposed Neutral Lands designation will allow for the introduction of an additional intended use of the property which is "facilities for the collection, transfer, processing and reduction of solid waste" as described in the Neutral Lands provisions ofthe FLUE. The facility will support receiving, crushing, sorting, and storing of construction and dcmolition (C&D) materials as well as materials transfer; no actual recycling processing will occur on-site. Examples of such C&D materials include dry wall, wood, concrete, brick, metals, PYC pipe, screen, asphalt and other related materials. Construction and demolition waste may include packaging material and land clearing debris. No hazardous waste or materials will be accepted onsite. The Florida Statute 403.703 dcfines C&D as the following: ",..discarded materials generally considered to be not water soluble and nonhazardous in nature, including but not limited to, steel, glass, brick, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from lalld clearillg or land developmellt opera/iolls... ". The proposed operations will support the recycling of waste generated from construction projects. It is estimated that C&D materials account for as much as 15% of all materials used in a construction project. Further, it is estimated that residential construction generates upwards of 7 lbs. of waste per square foot of construction. C&D debris accounts for 33% of solid waste collected in the State of Florida each year awl only a small percentage, 20%, of this C&D waste is currently recycled (FDEP, 2001). Recycling C&D has become important as it is cheaper than putting C&D materials in landfills since the cost of using landfills has risen. A recycling facility reduces the likelihood that the recyclable material will end up at the landfill and conserves the space. Further, recycling reduces the impact of producing new materials. Currently, there is an existing horticulture recycling operation onsite which has been in operation since 1998. The current Conditional Use CU-2000-22, approved on June 11th, 2002, allows for the disposal and recycling of horticulture waste. Horticulture recycling operations are open to the public and include receiving, sorting, crushing, storing and transfer of horticulture materials. Onsite equipment includes crushers, grinders, front end loaders, backhoes, transfer equipment and trucks. Operations occur Monday through Saturday during normal business hours. Two existing homes are utilized for office and storage, however they will be demolished to accommodate the facility expansion. The expansion of operations will allow for the continuation of the existing horticulture, as well as the proposed construction and demolition recycling operations. Further, the addition of the proposed facility will be approximately 20,000 square feet with approximately 10 additional employees. This construction and demolition recycling facility will utilize the same equipment and conduct similar operations as those which already 5:\200B\08007).00 00 YaM Muletling G"WA\OOO2 CPA Applie~lion\2009_S. 14_NUTaLivedoc - 3- D'XT.^'~ P"'.,i" Vi...,,,,,,,,, ,'''-'',,,,.-,,:--., ...,""".... ..L .... I 'J... .1 ~"""J'I"l Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL exist on site. The OMP A will provide for the future land use designation change from Sending Lands to Neutral Lands to allow for the recycling operations of C&D materials in addition to the existing mulching operation. Based on the language adopted to define the Sending Lands, compared with the disturbed nature of lands on the subject property, it is both reasonable and logical to propose the change to Neutral Lands. Further, the subject property is located adjacent to the Collier County Landfill located on White Lake Boulevard. The neighboring landfill property is greatly disturbed and could have significant impacts to surrounding properties. It should be noted that the landfill is proposed for expansion to add additional capacity over the next five to ten ycars. By definition, Sending Lands are "those areas that have the highest degree of environmental value and sensitivity". Clearly, these lands do not fall under this description considering the existing improvements and operations on the site, in addition to the neighboring public operation of the landfill on adjacent lands. This request is more than appropriate given the neighboring land uses. The proposed recycling facility will maintain compatibility with surrounding land uses and promote recycling of solid waste in an area adjacent to the Collier County Landfill. Further, with respect to the TDR program of the Rural Fringe Mixed Use District, the existing property owner has withheld the right to generate TDR credits from the subject property, thereby removing 22.96 credits from the potential TDR pool. The current land uSe of the subject property, combined with the existing 12.0 +/- acre conservation easement, effectively eliminates the opportunity to sever TDRs for transfer. Further, as provided through the proposed Growth Management Plan Amendment to change the subject property designation to Neutral Lands, there will be no transfer of development rights into or out of the subject property. Therefore, there will be no significant effect on the development potential allowed by the existing TDR program. Compatibility with surroundin!! land uses: The subject property has direct access to Washburn Avenue and White Lake Boulevard. The adjacent properties consist of permitted and conditionally permitted agricultural land uses on large parcels. The proposed expansion of recycling use on the subject property will be compatible with the existing Collier County Landfill operations located west of the subject property. The existing recycling operation provides adequate buffering provisions as set forth in the County's Land Development Code, and as was required in the prior Conditional Use and Site Development Plan approvals. Further, separation distances from surrounding properties, and the proposed location of the new C&D sorting and transfer facilities within the 28.7 +/- acre subject property will mitigate potential noise impacts from future facility operations onto neighboring properties. The current recycling facility has maintained a positive relationship with neighboring property owners and no complaints in regards to on-site opcrations, noise, dust, odor, or the like have been received. Preservation and open space areas will also act as a buffer between residential uses on surrounding lands adjacent to, or neighboring, the subject property. - 4- DYXT A" ::::I~. C'(\"~\'1.'11~,) r~_l''''''''' .Jl.."-' 1,L JLS~,.... 5.1:,1008\080073 00 COYahl Muh:hingGMPA\OOO2 CPA App!icolion\2009.S-14~N.rnti...t doc Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL Public Facilities and Services: With respect to Public facilities. Attachment H "Public Facilities Impact Analysis", is a spreadsheet which sets forth the impacts on public facilities under the existing and proposed scenarios. Public facilities within the area of the subject property are depicted on Attachment I "Public Facilities Exhibit". Impacts on Washburn A venue and White Lake Boulevard are addressed in Attachment J "Traffic Impact Statement" prepared by Omega Consulting Group. With respect to Potable Water, Sanitary Sewer, Stormwater Drainage, Solid Waste, and Arterial & Collector Roads within the vicinity of the project, the proposed Amendment will not result in any of these facilities falling below the adopted level of service established by and in accordance with the Collier County Growth Management Plan and Section 6.02.01 of the LDC. It should be noted that while Attachment H examines the impacts of the proposed Plan amendment on public water and sewer facilities, the existing mulching operation is utilizing a well and septic system, so there are actually no impacts to those public facilities. For the reviewer's infonnation, the SFWMD issued General Water Use Permit 11-0264-W for industrial, irrigation and public water supply from the Water Table Aquifer using two withdrawal sources. The water use is limited to 23,458,300 gallons per year, not to exceed a maximum monthly withdrawal of 404,800 gallons. The proposed future land use change and resulting land uses will not require additional water demand. The Collier County Sheriffs Department will provide police protection/law enforcement services. There is a Sheriffs substation located on Golden Gate Parkway, which is a shared facility housing Collier County EMS. The subject property lies within the service area of the Golden Gate Fire Control and Rescue District, with Station 72 being located just cast of Collier Boulevard, on the south side of Beck Boulevard, well within the 8 minute response period LOS standard. Finally, given that there will be no residential dwelling units associated with this amendment or future land use, there will be no impact to public schools or regional/community parks. Environmental, Historical & Archeolol!ical Considerations: A detailed envirorunental assessment has been prepared by Ramsey, Inc. (See Attachment G "Environmental Assessment"). Over nine years of investigations have been included in the updated assessment and associated appendices and no listed species have been observed on site. There is presence of jurisdictional wetlands on the subject property which has been defined and permitted with South Florida Water Management District (SFWMD) Permit No. II-02649-P, and US Army Corps of Engineers Permit SAJ-2007-605. A letter has been received from the S tate of Florida Division of Historic Resources with regard to historic, archaeological, or cultural resources that may be present on the site and is provided as Attachment O. No historical and/or archaeological sites will be impacted by development proposed on this site. S'IJOO!l\08007l_00 00 Valli M..lching GMPA\OOO2 CPA AI'Plicll;ClnUOO9.5. 14_Narmi"t doc - 5 - DlXT A'" ,.:"~._ ,'''''''',:,.,,,',; f.'I'-"'1 ........, IL ..L """<,." Amendment to the Collier Conoty Growth Management Plan Fillmore Recycling Collier County, FL Conclusion: The property is proximate to adequate existing or planned public facilities. Based upon the Public Facilities Analysis, future development resulting from the proposed GMP amendment will not result in any degradation of any public facility. Extensive environmental studies and permitting have occurred on the subject property and it has been demonstrated that no listed or endangered species have been observed over a nine year investigation period. The subject property is does not have the "highest degree of environmental value and sensitivity" as would be the case with undisturbed lands. The subject property does not have the significant wetlands, uplands, and habitat for listed species as has been determined by both the SFWMD and the U.S. Army Corps of Engineers as is evidenced in the pemlits that have been issued. The environmental evidence supports the appropriateness of the proposed FLUM change to Neutral Lands. Approval of this proposed amendment will provide for the continuation of the existing recycling operations and expansion for construction and demolition recycling operations on lands adjacent to existing landfill operation for Collier County. The use is comparable and compatible with surrounding land uses and should be found to be consistent with the provisions of the Rural Fringe Mixed Use District based on the immediate proximity of the public land fill facilities to the west. TDR credits are prohibited from being generated from government owned lands, and the Sending Lands provisions of the FLUE include special provisions to allow publicly operated solid waste and resource recovery facilities through the conditional use procedure. The Collier County Solid Waste Department is currently pursuing such a conditional use for their proposed Resource Recovery Park that is anticipated to be approved by the time this Petition is considered for transmittal and adoption. An argument can be supported that the special allowances for government facilities in the Sending Lands combined with the prohibition of generating TDR credits from government lands makes the County's lands in Sections 25 and 36, Township 49 South, Range 26 East less like Sending Lands and more similar to Neutral Lands. Therefore, based on the similarity of land uses with the County, the subject property should more appropriately be designated as Neutral Lands to allow similar land uses as the County's land fill and anticipated Resource Recovery Park. The reduction of available Sending Lands that would result in the adoption of the requested FLUM changc is insignificant (28.7 acres) when compared to the County's 655" acres in land fill and Resource Recovery Park lands that have been effectively removed fTom the Sending Lands designation. Therefore, the proposed adjustment to the Sending Lands to change the subject property to a Neutral Lands designation will not adversely affect the TDR program. 5\2oo8101001loo_oo YaM Mul~h;n8 GMPA\OOO2 CPA Appli,ation\2009.S.14_NarJlI;vdoc - 6 - D'XT.A'" M...."'I .v,............ <-(,'<s"';''',,: r",,_. ........., f.L ...~,.~ on~ >o~ ~~~ "2~ ~:z COLLIER BOULEVARD (C.R. 951) -z N-~ ;:,~o gg~ < ~~ "2 ~~~ N N N ; = N M~z " m ~ "- ~Q < ., ~ -< ~ ~ ~ ~>> 0 ~ ~ ~ZZ ,00 ~ O~;;I ~ 0 ~Zn ~~z >~z ~ ..(':!n ~ l~~ ~~~ R26 l>~ N"~ g~~ . R27 ~ - L.:S;~ bj:;ln m ;;; ~"ti ;;; m Q~ ~ " fj Z ):,. 0 I'- I'- "' ;0 "' -- " m ~ -I -t :I: ~~ ::0 OJ ):,. m I'- ~ ~ I'- ~ I ~z ~ 111 I z -< o~ 2 m z> z r 0 0 m Cl '0 3J: m G) z ~ 0 ~ ;:0 <0 ~ m ~~ Q:J t:J )> ~ 111 C ~ z " ~ m ~ 0 ~ < ;I ~ N 0 z N ni 0 " < m c: ;0 I'- I 111 z ;:; :;:;; )> 0 -< -< R27 ::0 m ~'t R28 3J: Ov; ;;; )> ~ <: ~ m 1'~ m '" ~ BOULE ARD "'tJ a ~ Q n ~ ~ "5 ~ -< 't", ~ ~ ni > "' a "' " - 0 " o Z ::0 ~ 'U ~ m r ;;I ;;I c ~ C/) > > ~'U <: ~ '" J' ~ili ,., !;l <: ~ ~ ~ CD 8;;1 0 z z ni m 0 0 c i!' co ~O ~m _m :z Z 0" 00 !l:o ~ ,.. Cl~ ~~ ~.. en ,,'t ~ ,"0 ~i: '" '" ~ -... ~ " ~ t;;! ~g 01 ~ g~ N" NZ '" 0 0" O~ oC 0 0 ~ ~ 0<: 0> 0 a", ~'" "'" '" l1; :;;! 1m l~ ~-< 0 -< <: ~ x~ "'~ ~ m -< ., x "'''' '0 i1\ ~ > " ~ ~ -N -.~ -". ~ zo a ~ .~ )J > > '" N a ~ gin N a a ~ <:. " ~ ~ a a '" -< ~ ~ ~ a ~ <0 <;!@ 0 " N -<~ I '" ~ ~ ~" I >: :::j 1::> :z~ A TT A TCHMENT B-1 V. OVERLAYS AND SPECIAL FEATURES B. North Belle Meade Overlay 4. SENDING AREAS [page 94] Within the NBM Overlay are f ~.569 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and f5 and Y. sections west of the NRPA. The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sendi ng Areas, including colonies of Red Cockaded Woodpeck ers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. Planning Considerations a. TDRs *Strongly encourage the transfer of development rights from the NBM Sending Areas to other locations within the Rural Fringe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area. b. Habitat Protection * The Goals, Objectives and Policies of the Conservation and Coastal Management Element for wildlife habitat protection shall apply to NB M Sending Lands. c. Public Acquisition *The County should support the public acquisition of Sending Lands in the NBM Overlay, particularly in locations where endangered or threatened species are located. 5. NEUTRAL LANDS Within the NBM Overlay there are f ~1.309 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two Y, sections located at the northeast corner of this Overlay aREI-~Section 24 located in the northwest portion of this Overlay. and approximatelv 29 acres located in Section 31. The preservation standards for Neutral Lands shall be those contained in CCM E Policy 6.1.2 for Neutral Lands. The County has performed an RCW study for Section 24 and, if the results of the study warrant, the Plan will be amended. Attachment B-2 Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL Attachment A Narrative Statement for Fillmore Recycling GMP Amendment The subject property consists of +/- 28.7 acres and is located on Washburn Avenue and White Lake Boulevard, in Section 31, Township 49, Range 27, Collier County, Florida (See Attachment C "General Location Map"). The subjcct property is zoned "A", Rural Agricultural District and is partially cleared and improved with the existing Y 311 Mulching and Recycling facilities. (See Attachment D "Aerial FLUCFCS Map"). The adjacent properties include agricultural land uses (i.e.: single family homes, plant nursery and tnlck barn) to the north and east, Collier County and State right-of-way to the south, and Collier County Land Fill facility to the west, (See Attachment E "Existing Zoning and Land Use"). The property is in the AgrieulturalfRural Designation; Rural Fringe Mixed Use District (RFMUD); North Belle Meade Overlay (NBMO) - Non Natural Resource Protection Area (Non-NRP A) Sending Lands of the Collier County GroW1h Management Plan (GMP) Future Land Use Map (FLUM) (See Attachment F "Future Land Use Map"). A!!ricuItural: The purpose of the "A", Rural Agricultural District Land Use Designation is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible a~ conditional uses in the "A" District. Rural Frin!!e Mixed Use District (RFMUD): The challenges and goals of the RFMUD are to provide transition between the Urban and Estates designated lands, and between the Urban and AgriculturalfRural and Conservation designated lands. The RFMUD employs a balanced approach, including both regulations and incentives, to protect natural resources and private property rights, providing for large areas of open space, and allowing, in designated areas, appropriate types, density and intensity of development. Thc RFMlJD allows for a mixture of urban and rural levels of service, including limited extension of central water and sewer, schools, recreational facilities, commercial uses and essential services deemed necessary to serve the residents of the District. While not proposed in this petition, the RFMUD allows the Transfer of Development Rights (TDR) process thai provides an equitable method of protecting and conserving the most valuable enviroIlIllentallands, including large cOllllected wetland systems and significant areas of habitat for listed species, while allowing property owners of such lands to recoup lost value and development potential. Within the RFMlJD, residential density may be transferred from lands S,\1oo8\08oo73 00.00 Yahl Mul~"jflll GMP AlOOO2 CPA Appl;~~!iclI\1{)()9.S.14 J'.amt;vedo<: - I - D\'XT.A"C ........., ~"''''u''''''' '''''^,S['L"l''-',' ..,.........." ~'-, '.L'" s....,'1' Amendmenllo Ihe Collier County Growth Managemenl Plan Fillmore Recycling Collier Counly, FL designated as Sending Lands to lands designated as Receiving Lands on the Future Land Use Map. Residential density may not be transferred either from or into areas designated as Neutral Lands through the TDR process. Sending Lands designation are those lands that have the highest degree of environmental value and sensitivity, and generally include significant wetland, uplands, and habitat for listed species. North Belle Meade Overlav (NBMO): The North Belle Meade area is surrounded by Golden Gate Estates to the north, east, and west and 1-75 to the south. The NBMO area is unique to the RFMUD because it is surroundcd by areas that are vested for development on three sides. Because the area is largely undeveloped and includes substantial vegetated areas, the Sending Lands can and do providc vaJuablc habitat for wildlife, including endangered and threatened species. The Overlay area are also areas the have been previously impacted by canal constmction and past clearing and agricultural practices which have altered the natural hydroperiod. The challenge of the NBMO area is to achieve a balance of both preservation and opportunities for futurc development that takes into account resource protection and the relationship between this area and the Estates. Sendinl! Lands: Sending Lands consist ofNRPA lands and non-NRPA lands in which residential development is discouraged. Further, Sending lands are those areas that have the highest degree of environmental value and sensitivity, and generally include significant wetlands, uplands, and habitat for listed species. Endangered and threatened species located in these areas include colonies of Red Cockaded Woodpeckers. Therefore, the protection of endangered and threatened species including the protection of habitat, are primary planning considerations in this area. Neutral Lands: Neutral Lands are neither Sending nor Receiving areas. They have been identified for limited semi-nrral residential development. Available data indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher habitat values than lands designated as Receiving Lands, but these values do not approach those of Sending Lands. Therefore, these lands are appropriate for limited development if such development is directed away from existing native vegetation and habitat. As set forth in the Collier County Conservation and Coastal Management Element of the GMP, Neutral lands shall preserve a minimum of 60% of the native vegetation present, not to exceed 45% of the total site area. 5.UOO8\010013 0000 Y~l M\ll,hinS GMPA\OOO2 CPA AwliClllj"n\2009-S-14_N.uralive.doc - 2- DUTK:,~...:)_ ,:(;"'~"I.lT"',; r",,_..~ ........., ,..... .1'"'""'''' Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL Proposed Growth Manae:ement Plan Amendment: The proposed GroV\oth Management Plan Amendment provides for the modification of the subject property designation from Sending Lands to Neutral Lands on the Future Land use Map. See Attachment B "Proposed Future Land Use Map" The proposed Neutral Lands designation will allow for the introduction of an additional intended use of the property which is "facilities for the collection, transfer, processing and reduction of solid waste" as described in the Neutral Lands provisions of the FLUE. The facility will support rcceiving, crushing, sorting, and storing of construction and demolition (C&D) materials as well as materials transfer; no actual recycling processing will occur on-site. Examples of such C&D materials include dry wall, wood, concrete, brick, metals, pye pipc, screen, asphalt and other related materials. Construction and dcmolition wastc may include packaging material and land clearing debris. No hazardous waste or materials will be acccptcd onsite. The Florida Statutc 403.703 defines C&D as the following: "...discarded materials generally considered to be not water soluble and nonhazardous in nature, including but not limited to, steel, glass, brick, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations...". The proposed operations will support the recycling of waste generated from construction projects. It is estimated that C&D materials account for as much as 15% of all materials used in a construction project. Further, it is estimated that residential construction gencratcs upwards of 7 lbs. of waste per square foot of construction. C&D debris accounts for 33% of solid waste collected in the State of Florida each year anu only a small percentage, 20%, of this C&D waste is currently recycled (FDEP, 200 I). Recycling C&D has become important as it is cheaper than putting C&D materials in landfills since the cost of using landfills has risen. A recycling facility reduces the likelihood that the recyclable material will end up at the landfill and conserves the space. Further, recycling reduces the impact of producing new materials. Currently, there is an existing horticulture recycling operation onsite which has been in operation since 1998. The current Conditional Use CU-2000-22, approved on June 11 th, 2002, allows for the disposal and recycling of horticulture waste. Horticulture recycling operations are open to the public and include receiving, sorting, crushing, storing and transfer of horticulture materials. Onsite equipment includes crushers, grinders, front end loaders, backhoes, transfer equipment and trucks. Operations occur Monday through Saturday during normal business hours. Two existing homes are utilized for office and storage, however they will be demolished to accommodate the facility expansion. The cxpansion of operations will allow for the continuation of the existing horticulture, as well as the proposed construction and demolition recycling operations. Further, the addition of the proposed facility will be approximately 20,000 square feet with approximately 10 additional employees. This construction and demolition recycling facility will utilize the same equipment and conduct similar operations as those which already ~ 3 ~ D''( TA ,,-,., J\/J .'0'"",,,",,,, ~""'h('l.,'1'>,' F.o~ ..... ...., .... ... ~......,.." S:\200!\Q80073.00 00 VIM MulclWt8 GMPA\OOO2 CPA Appliea.\;(Ih\2009.~" 14~NIl.fta[lvedoc Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL exist on site. The GMP A will provide for the future land use designation change from Sending Lands to Neutral Lands to allow for the recycling operations of C&D materials in addition to the existing mulching operation. Based on the language adopted to define the Sending Lands, compared with the disturbed nature of lands on the subject property, it is both reasonable and logical to propose the change to Neutral Lands. Further, the subject property is located adjacent to the Collier County Landfill located on White Lake Boulevard. The neighboring landfill property is greatly disturbed and could have significant impacts to surrounding properties. It should be noted that the landfill is proposed for cxpansion to add additional capacity over the next five to ten years. By definition, Sending Lands are "those areas that have the highest degree of environmental value and sensitivity". Clearly, these lands do not fall under this description considering the existing improvements and operations on the site, in addition to the neighboring public operation of the landfill on adjacent lands. This request is more than appropriate given the neighboring land uses. Thc proposed recycling facility will maintain compatibility with surrounding land uses and promote recycling of solid waste in an area adjacent to the Collier County Landfill. Further, with respect to the TDR program of the Rural Fringe Mixed Use District, the existing property owner has withheld the right to generate TDR credits from the subject property, thereby removing 22.96 credits from the potential TDR pool. The current land use .of the subject property, combined with the existing 12.0 +/- acre conservation easement, effectively eliminates the opportunity to sever TDRs for transfer. Further, as provided through the proposed Growth Management Plan Amendment to change the subject property designation to Neutral Lands, there will be no transfer of development rights into or out of the subject property. Thcrcforc, there will bc no significant effect on the development potential allowed by the existing TDR program. Compatibility with surroundinl! land uses: The subject property has direct access to Washburn Avenue and White Lake Boulevard. Thc adjacent properties consist of permitted and conditionally permitted agricultural land uses on large parcels. The proposed expansion of recycling use on the subject property will be compatible with the existing Collicr County Landfill operations located west of the subject property. The existing recycling operation provides adequate buffering provisions as set forth in the County's Land Development Code, and as was required in the prior Conditional Use and Site Developmcnt Plan approvals. Further, separation distances from surrounding properties, and the proposed location of the new C&D sorting and transfer facilities within the 28,7 +/- acre subject property will mitigate potential noise impacts from future facility operations onto neighboring properties. The current recycling facility has maintained a positive relationship with neighboring property owners and no complaints in regards to on-site operations, noise, dust, odor, or the like have been received. Preservation and open space areas will also act as a bufler between residential uses on surrounding lands adjaeent to, or neighboring, the subject property. S.UOO8\OBOO73 0000 Valli Mukhing GMPA\OOOl CI'^ App1iutionUOO~.5.14_~Il'Tlti"cd(le - 4- DlXT^'~:-","~_ c'"''~t.'l:I''''''' I'nl_1 ....." u.... s""""'" Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL Public Facilities and Services: With respect to Public facilities, Attachment H "Public Facilities Impact Analysis", is a spreadsheet which sets forth the impacts on public facilities under the existing and proposed scenarios. Public facilities within the area of the subject property are depicted on Attachment I "Public Facilities Exhibit". Impacts on Washburn A venue and White Lake Boulevard are addressed in Attachment J "Traffic Impact Statement" prepared by Omega Consulting Group. With respect to Potable Water, Sanitary Sewer, Stormwater Drainage, Solid Waste, and Arterial & Collector Roads within the vicinity of the project, the proposed Amendment will not result in any of these facilities falling below the adopted level of service established by and in accordance with the Collier County Growth Management Plan and Section 6.02.01 of the LDC. It should be noted that while Attachment H examines the impacts of the proposed Plan amendment on public water and sewer facilities, the existing mulching operation is utilizing a well and septic system, so there arc actually no impacts to those public facilities. For the reviewer's information, the SFWMD issued General Water Use Permitll-0264-W for industrial, irrigation and public water supply from the Water Table Aquifer using two withdrawal sources. The water use is limited to 23,458,300 gallons per year, not to exceed a maximum montWy withdrawal of 404,800 gallons. The proposed future land use change and resulting land uses will not require additional water demand. The Collier County Sheriff s Department will provide police protection/law enforcement services. There is a Sheriffs substation located on Golden Gate Parkway, which is a shared facility housing Collicr County EMS. The subject property lies within the service area of the Golden Gate Fire Control and Rescue District, with Station 72 being located just east of Collier Boulevard, on the south side of Beck Boulevard, well within the 8 minute response period LOS standard. Finally, given that there will be no residential dwelling units associated with this amendment or future land use, there will be no impact to public schools or regional/community parks. Environmental, Historical & Archeolol!ical Considerations: A detailed environmental assessment has been prepared by Ramsey, Inc. (See Attachment G "Environmental Assessment"). Over nine years of investigations have been included in the updated assessment and associated appendices and no listed species have been observed on site. There is presence of jurisdictional wetlands on the subject property which has been defined and permitted with South Florida Water Management District (SFWMD) Permit No. 11-02649-P, and US Army Corps of Engineers Permit SAJ-2007-605. A letter has been received from the State of Florida Division of Historic Resources with regard to historic, archaeological, or cultural resources that may be present on the site and is provided as Attachment O. No historical and/or archaeological sites will be impacted by development proposed on this site. S.\2008\oaoon.oo OOYabl Mulc.'linll: GMPA\OOO2 CPA AppliCltion\2(109.~-l"_N&lTalive doc - 5 - D~"( TA ,_.~ "^'I '."..1"".... ':..'l~1":11>.J,' r.'J'''"'-""I ~...., '.L .1 Sw""'"" Amendment to the Collier County Growth Management Plan Fillmore Recycling Collier County, FL Conclusion: The property is proximate to adequate existing or planned public facilities. Based upon the Public Facilities Analysis, future development resulting from the proposed GMP amendment will not result in any degradation of any public facility. Extensive environmental studies and permitting have occurred on the subject property and it has been demonstrated that no listed or endangered species have been observed over a nine year investigation period. The subject property is does not have the "highest degree of environmental value and sensitivity" as would be the case with undisturbed lands. The subjcct propcrty docs not have the significant wetlands, uplands, and habitat for listed species as has been determined by both the SFWMD and the U.S. Anny Corps of Engineers as is evidcnced in thc permits that have been issued. Thc environmental evidence supports the appropriateness of the proposed FLUM change to Neutral Lands. Approval of this proposed amendment will provide for the continuation of the existing recycling operations and expansion for construction and demolition recycling operations on lands adjacent to existing landfill operation for Collier County. The use is comparable and compatible with surrounding land uses and should be found to be consistent with the provisions of the Rural Fringe Mixed Use District based on the immediate proximity of the public land fill facilities to thc west. TDR credits are prohibited from being generated from government owned lands, and the Sending Lands provisions of the FLUE include special provisions to allow publicly operated solid waste and resource recovery facilities through the conditional use procedure. The Collier County Solid Waste Department is currently pursuing such a conditional use for their proposed Resource Recovery Park that is anticipated to be approved by the time this Petition is considered for transmittal and adoption. An argument can be supported that the special allowances for government facilities in the Sending Lands combined with the prohibition of generating TDR credits from government lands makes the County's lands in Sections 25 and 36, Township 49 South, Range 26 East less like Sending Lands and more similar to Neutral Lands. Therefore, hased on the similarity of land uses with the County, the subject property should more appropriately be designated as Neutral Lands to allow similar land uses as the County's land fill and anticipated Resource Recovery Park. The reduction of availahle Sending Lands that would result in the adoption of the requested FLUM change is insignificant (28.7 acres) when compared to the County's 655x aercs in land fill and Resource Recovery Park lands that have been effectively removed from the Sending Lands designation. Therefore, the proposed adjustment to thc Sending Lands to change the subject propcrty to a Ncutml Lands designation will not adversely affect the TDR program. D'XT^'::::~_ ,."..~r'l:tl""; f"l''''''''''' ........"......_r"'l S\20081tJ!O(m.(KH)(J Yalll Mulc~;n8 GMPA\OO(I2 CPA AppliCBlitm\2009-5.14_NlfTaliv~.doc - 6- ~A.ll"Itpro...oeslhlsdalatOfyoulperaoOlltuw.a,il;'Tms informaltonisoerive<lfrornl'l'lUtlipleSCU'ceswhlchmlly.lflperl.nOI be currenl, and beoulsodetheconlOlolrfNA..lnc Theareas deplc1eG by ~ mec "6 apprO:Vm8te. and ,re not neres5ardy atW,.le to WfYeying Of eflllineeflng stal'lCtllrds FNlA. Inc I15SUmes no ll;Igal 'esoonsol:lIll\y lor lhe mforlTllllCJl'l contained on !hiS map o , 1,000 2,000 4,000 6,000 -Feet D'XTA'" cnNSt"ITI,,"v .&..,,' ,.... .L ol'lMllIlRt"VI>1I31'l.lllOO "("nil i;lI~,"""ril~ "s.,,~Y'~~" M~ppi.t Attachment B Fillmore Recycling GMPA Comprehensive Plan Amendment Proposed Future Lend Use Map N A Prep4lredBy rtTlfOOllS PrlntrngOllle-~rt300200g File TIPrOfGCls\2008\0800730000_Yahl_Uulchtnq GMPA.\ProposedJLU m~d 0.. <( ~ -'2r >~a:: <( ~ ..J - ~ ~ ~ W _____-!:Q > l:!:! o N "'C W (!) - C~ <( Q W --J ~ " 8 W ..J ..J W m :I: I- ~ o z " '" ~ _____r I! .:---- .. ~ on -------- ~ - ~ on ~ '" '" v v .... .... N 00 ~ S! :: ~-81N3VVHJVllV ~ ~z F' :5 UQ. ~.... 1Ili5 .~ "l" < < oz ,,< w" i!: ~ ....0 5'" i!:" ;;; 1: z 0::> 1;;8 "'''' Q.w ~:J ~8 ww "'i!: .... Ou. z 0 :;: ~w U _ U ~:J ,,~ ~o ~~ V 'l'/~~'~ ,"'~~~ all ~ ~~ ~,,,~~ ~ - W~~~~ v ~'" ~ ~ ~ "'''''''''0 ~ '" '" '" '" '\ v 0/ ~ "'~" ,,"''\.~ >~ ~ ~~S~~ ~~/ ~~~*,~~ W7//~~~ ~ " //%//////////~~ ~7 ~ /77"/7J ..L ~"''';;:''''''''''-.. >- ~0/4@~~~ ~ v 'lm/~W~ a:: , ~I. , __t: I~ ~ 90lJ ~ ~'i ~- Yv" .... .... ~ N / ~ N ,.., Q. I ~ g ~ r-- a ).. N 0 0 0 o 0 N :3 ci N N . 0:: ll:: . . I"} ~ 2. ~'iO .q--;::- NX o >-1 ffia;' ffi>f lU ~ ~b ~b ~~ <lJ.JC ~ ~~ ~~ ~~ < W Q. ~ oi'o oci !:Xci :::J w o~ o~ ..~ -J ~ ~- ~- 8'-' ~ ...., i3 i3 ~ ~ a~ ~ ~ 0: I" < o Q. '" g < N " .. " 0> " " 00 ~ OC/'r/. 37n08 ~ 30'r/79C/3 3 g ;; ~ ~ S! :: ~ '" :'? :2 > ;': " N '" N (~96 HJ) OC/V!l37n08 C/31770J " '" 0 v ~ .... .... t.n "'- .. , l:!:! ~ C/J a:: lJ.J on !--: ~ 90lJ N I- "'C S2 on --J --J "'C '" w .... o z -:i ~ ~ ~ J ~ W W Z " ~0 o z w to ~ ~ <~ ~ &z~ ~ ~ ~~ f%~ z o in 5 z- ~~~ "wO wu..; "'51 ...."'w~o i5~o &;;t7 "....0. "'z< :oi~~ S?5~ z",~ ~ O~~ o 0( ~wo ~ 00 I ~~~ Z on.... ~~~ 1!:::E[;: <is IS~ ~~ ~~g 00 N 8~~ ",z_ <~ .. f;j::E~ "0< o.uo . . ~ . z_ V. OVERLAYS AND SPECIAL FEATURES B. North Belle Meade Overlay 4. SENDING AREAS [page 94] Within the NBM Overlay are :!: 1,5981,569 acres of land that are identified as Sending Areas for the transfer of development rights that are located in the western, eastern and southern portion of the study area. The Sending Areas consist of the NRPA lands and :!:5 and :y. sections west of the NRPA. The sending areas are locations where residential development is discouraged. Endangered and threatened species are located within the Sending Areas, including colonies of Red Cockaded Woodpeck ers. Therefore, the protection of endangered and threatened species including the protection of habitat are primary planning considerations in this area. Planning Considerations a, TDRs *Strongly encourage the transfer of development rights from the NBM Sending Areas to other locations within the Rural Fringe or NBM Overlay outside the boundary of the NRPA, or to the Urban Area. b. Habitat Protection * The Goals, Objectives and Policies of the Conservation and Coastal Management Element for wildlife habitat protection shall apply to NB M Sending Lands. c. Public Acquisition *The County should support the public acquisition of Sending Lands in the NBM Overlay, particularly in locations where endangered or threatened species are located. 5. NEUTRAL LANDS Within the NBM Overlay there are :!: ~1 ,309 acres of land that are identified as Neutral Areas. The Neutral Areas consist of two Y, sections located at the northeast corner of this Overlay aREI-~Section 24 located in the northwest portion of this Overlay. and approximatelv 29 acres located in Section 31. The preservation standards for Neutral Lands shall be those contained in CCM E Policy 6.1.2 for Neutral Lands. The County has performed an RCW study for Section 24 and, if the results of the study warrant, the Plan will be amended. Attachment B-2 GOLDEN GATE PKY \~ D: IW 'p '" 18 PUD FOREST GLENN OF NAPlES-PUO NAPlES NA1'LGOlF CLUe PUD I I \ 1-- SAN J MARINO PUD ILI- , I I ~L--l p- L- I -l HAf'LESHERITA.G GOLF AND COUNT U CLUB PUO HOMES OF ISlANOIA PUD lASlP CDNSV AREAPUD NAPLES lAKES C.C. PUD o Attachment C ' Fillmore Recycling GMPA Comprehensive Plan Amendment General Location Map 1,500 11 ~oc:,. JiLESNA E DR)(?) if [] 3.000 N A t? 6.000 SUBJECT PROPERTY Legend c::J Subject Property c=:J Collier County Land Fill Collier Street CtrLines - Collier County Major Roads L:.- I PUD_0807 DlSCL"'IMEFl RW,," In( p1Q\IIdI:I~ ~\.. llal1llut YO'" peQ0081 lilt! -85..' ltn ,nlormlllt(Jn It- de......l!l'l koMI n.oJlJpIe 5001'Ce$ whICh may "'lNI" not beClJI'fenlllndbE:oulllldetmCUllkllo!RWA 1Ol' TIlt:ltlles de"'ct6dbyth~m'lillftllpproxoma'" andarenoln(l(.e5un1v llCC"rale 1;0 'Ul'Vlll"rlIl or enQ'l'llll>m1g 5lanct8rd6 RWA III(: ",'''''" tYJl9V&lrIl5poO$'tlllIlylo'Ihe<lllormalloncontarneoolllhKmap 9,000 'Feel D'lTA'" ('0'-;\ LIl"'(; ..L...., ,..... ..... -I't:lnflmi .V".~~lll.ll"," ,(,~~ hnp'_m1~ .Su....t}...~ A Mopp~ Prepared By 'JIpellegnno PMt,ng Dale Apn11, 2008 File T\P1"ojects\2008\0600730000 Ylhl__Mulchin9_GMPA location m.\( FLUCFCS ODE '" m 624(743 6" 624 624/8146 624 434 624 6241742 6" 8145 8145 DES RIPTION Sin laFamil Residential TimbarProcessin Pine/C ress/PalmlS oilPilas Cress PinelC resslpalm Pina I Cress I Palm 11m clad BRoad Claarin Pina/C ress/Palm Hardwood Conlfar Pina/C ress/Palm Pine I Cress I Palm 11m clad B Barrow Pit Excavation C ass Gradadl Drained Road Graded I Drained Road TOTAL ACRES ACRE 2.6 3.2 05 " 70 08 " 03 4.7 3.4 2.4 0.5 0.7 28.8 flWA.lnc,prov<dcsthisdalafuryourperoonaluse"as<s" This information is Wfived from mU~lple sources which may, in part oot becuIYent, aod be outside too conlol of RWA, Inc. TI,eareas depicted bylhis map arc approximato, and arQool n,,",wsarily accuratelosurvoyiogorcIl!IIOeori"ll6tanclards RWA,loo.asoumcs 00 legal respoosibHilyforlho inlormation contaiood on this map o 150 , 300 600 Attachment 0 Fillmore Recycling GMPA Comprehensive Plan Amendment FLUCFCS Map (Aerial Flown Date. Jan. 2008) N A 900 , Feet DlXTA'" C'ONSl1LTING ..&.."-, ,..... .a. 'Planning'Vi,nalil"lion .O.il Eo~i'l<<rin~ 'SUl~'eying & """wins Printing Date: April 10,2008 File: T\Projecl~\2008\080073,OO,OO Yahl Muk:hing_ GMPA\FLUCCS_mxd , , I I i WESTPORT A COMMERC ENTER PU '--I CEDAR I HAMMOCK G & C CLUB PUD I NAPLES HERITA GOLF AND COUN Y CLUB pun NAPLES NAT'L GOlF CLUB pun HOMES OF ISLANDIA PUD c LASIP CONSY. AREA pun NAPLES LAKES c.c, PUD E CITY GATE PUD WHITElAKE INDUSTRIAL ~uo TOlL GATE pun FOREST GLENN OF NAPLES PUD SAN MARINO PUD ~ o Attachment E , Fillmore Recycling GMPA Comprehensive Plan Amendment Existing Zoning and Land Use ~ ~ g h , I I. I I I I t ~ 1 I 1,500 3,000 II""" . AgriCUllure leu &PU III I"'~' 75.0 N . w , W 0.......61 E ..FMIll. ,Tnd.a.n nAv 1.15 .F_ V__ .~1_ "'" ..,~ o I TOLL. :TTLES DRI(P) Legend Subject Property c:::J 500' Buffer CJ AGRICULTURE _ COMMERCIAL ~~ ESTATES f'} I GOLF COURSE c::J PLANNED UNIT DEVELOPMENT _ RESIDENTiAL MULTI-FAMILY ~: RESIDENTIAL SINGLE-FAMILY - Collier County M.jor Roads DISCLAIMER RWA III(; po"",,*lh...dlIlalo'j'OUIpeUlorl8lUM"""'S" Th.. nkIIm.-c>n Of; demed lrom mull" 1IO\JI0lIa .....nictI ma~'. ,n IJIlr\ no! be c......... 8nd be <lUIboodlllhoo -*,lofFlWA In<. The areu d8p1ctedllVln..map....~""ll\f! Md..enpl.--....'tIy accull\elo.........,.ng"'~""Il8\anClilldsFNfAloc..ume$ ng ifI9IlI'espot'lSlblll, "" lhe''''0lmIllIOnQOrl1amedon!h,.m8l> 6,000 9,000 'Feel D\XTA'" CO'JSt'l TJ'lG A"-' ,......... .Pi.>'U\;l;l.""",r".llKll' eml En~"",..rm;; 'S"...~inr.t M::pp"'r N A Prep.'edBY'lone::. PrIf1It~go.te NlIIl30, 2009 File TIp'o,ec!s\20C\6V)8007300,(}O_YlIlhU.lulthlO\I GMPA\Land Use and Zon1l1g m~d o , 1,000 2,000 4,000 Attachment F Fillmore Recycling GMPA Comprehensive Plan Amendment Future Land Use Map N A RWA. Inc. proYlde~ lhis data lor your pel'sonsl U$e 'ss IS - Thts 1tlf0fmlltt0n IS derived from m\JI\Ip~ sources whlCh may 111 part. JlO1 be current, and be oulS~ the COflIOl cf RWA.. lne Tne areas depicted bylhl$1TI8fl are apprDl(lmlte, snd life not necess.enly eccurate 10 $urvey.rtg or eng,neenng st.ndards RWA. Inc asr.urnes 1\0 legal responslbllily for the Info.melion ODfllau'lec! on this map 6,000 ,Feel DlXTA'"' VO:".!<;\ V1INlj .A....., ,.... .... 'l'l~Ill1If1~ .vl.....~li"'''oo . (',vi! Ell~lllllenn~ '!'>lIl'tCj,nf, Ji M~FJIlQl: Pl'epar.d By nnJOflBS Pflnling Dale Apnl30 2009 F~e, TIPfOject!\2008\o8001300Q{ Yahl_Mutcnmg_GMPA\FlU mxd Attachment G Environmental Assessment with Protected Species Survey Ecological, Environmental, Agricultural Land Management, Permitting, Septic Evaluations _, ,,,,' "...':t~.Y"'''' LEP, CWB, CFEA, REPA, CEHP ENVIRONMENTAL CONSULTING LEP . Licensed Environmentlll Professional CWB . Certified Wildlife Biologist CFEA . Certified Florida Environmental Assessor REPA a Registered Environmental Property Asse.ssor CEHP. Certified Environmental Health Professional E-mail: Ramsey.lnc@embarqmail.com Office: 239.564.1660, Fax: 866.334.1496 2631 4th St. NW, Naples, FL 34120 www.ramsevinc.net RE-DESIGNATION EVALUATION OF FILLMORE IYAHL MULCHING PROJECT FROM RFUMD SENDING TO NEUTRAL LANDS GMP AMENDMENT CP-2008-4 Project: Yahl Mulching and Recycling, Inc, Owner: Fillmore LLC Folio #: 00341920409 Acres: 28,8 Location: Naples, Florida; Collier County By: Michael R. Ramsey, Ramsey Inc. Date: 01 October 2008 EXECUTIVE SUMMARY The Yahl Mulching and Recycling (Yahl) Project is located on a 29 acre site on the west side of the North Belle Meade Sending Area and adjacent to the south east corner of the Collier County Landfill. Both are located north of 1-75 near the west 1-75 toll gate. The property the Yahl Project is on is owned by Fillmore LLC and the folio identification is #00341920409. The principals of the Yahl Project and Fillmore LLC are the same: John and Teresa Fillmore. The Yahl Project provides an essential service to both the Collier County Government Solid Waste Department and to the residents of Collier County by preventing horticultural debris from going into the Collier County Landfill and taking up valuable space. The Yahl Project "intercepts" the horticultural waste debris grinds it up and processes it into a soil compost amendment that is used in agriculture and landscaping businesses. Technically this is both a resource recovery operation and a renewable energy operation. The owners of the Yahl Project believe that their property was incorrectly classified as Sending Lands under the Rural Fringe Mixed Use District (RFMUD) as described in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This report examines detailed site specific information collected from the property over the last 8 years, Based on the criteria listed in the FLUE of the GMP, Sending Lands are those lands having "the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species." Collier County Community Development and Environmental Services Review (CDESR) initially classified the property based on offsite Florida Natural Areas Inventory (FNAI) extrapolated information about habitat and listed species. CDESR never visited the site to collect actual data. Site specific data collected from the property over the last 8 years and closer examination of the property indicates the Yahl Project/Fillmore parcel does not meet that criteria listed in the GMP for Sending Lands. Additionally, the property had existing agriculture and recycling uses on it prior to implementation of the RFMUD in 2002. Collection of more accurate site specific data indicates the classification should be Neutral Lands. Page 1 Ecological, Environmental, Agricultural Land Management, Permitting, Septic Evaluations ENVIRONMENTAL CONSULTING Ramse Inc. LEP, CWB, CFEA, REPA, CEHP E-mail: Ramsey.Inc@embarqmail.com Office: 239.564.1660, Fax: 866.334.1496 2631 4th St. NW, Naples. FL 34120 www.ramsevinc.nel LEP - Licensed Environmental Professional CWB - Certified Wildlife Biologist CFEA ~ Certified Florida Environmental Assessor REPA - Registered Environmental Property Assessor CEHP . Certified Environmental Health Professional RE-DESIGNATION EVALUATION OF FILLMORE IV AHL MULCHING PROJECT FROM RFUMD SENDING TO NEUTRAL LANDS GMP AMENDMENT CP"200B-4 Project: Yahl Mulching and Recycling, Inc. Owner: Fillmore LLC Folio #: 00341920409 Acres: 28,8 Location: Naples, Florida; Collier County By: Michael R. Ramsey, Ramsey Inc. Date: 01 October 2008 INTRODUCTION The Yahl Mulching and Recycling, Inc. (Yahl) operation is a 29 acre parcel located in Collier County at 2250 Washburn Ave., Naples, Florida (Figure 1 and 2) owned by Fillmore LLC. This report examines detailed site specific information collected from the property over the last 8 years to determine if the initial designation of Sending Lands was correct under the Rural Fringe Mixed User District (RFMUD) as described in the Future Land Use Element (FLUE) of the Collier County Growth Management Plan (GMP). SITE DESCRIPTION The Yahl Project is 29 acres located approximately 2 miles east of CR 951, north of 1-75. The owner of the property the Yahl Project is located on is Fillmore LLC, folio # 00341920409, The principals of the Yahl Project and Fillmore LLC are the same: John and Teresa Fillmore. The Yahl Project takes in vegetative and horticultural debris, grinds it into mulch, and then composts the mulch into an organic soil amendment. The Yahl projects assists the Collier County Landfill operations by intercepting vegetative waste debris that would occupy valuable space in the landfill and recycles into other uses. The mulch and composted material is utilized for landscaping and agricultural soil amendment purposes. The Yahl Project provides and essential service to the Collier County Sold Waste Department and the residents of Collier County On the west side it borders the Collier County Landfill. On the south side it borders the right-of-way line of 1-75. On the north and east sides it borders 5 acres parcels agriculture zoned with single family residences (Figure 1). The Yahl project and the generai area have been in recycling and agricultural activities since 1990. The Yahl Project was initially set up here because of its proximity to the Collier County Landfill, the remoteness, low density and zoned for agriculture. The Collier County Landfill has been here since 1975-76. Page 2 RFMUD Re-designation Evaluation 01 Folio 00341920409 From Sendmg to Neutral Lands GMP Amendment CP-2008-4 01 October 2008 Page 3 FLORIDA NATURAL AREAS INVENTORY - FNAI The staff of Collier County Community Development and Environmental Services Review (CDESR) indicated in numerous public meetings that the procedure for determining the classification of a piece of land in the RFMUD was the use of the Florida Natural Areas Inventory (FNAI). The FNAI is a classification system that government organizations use to predict habitat and protected species without visiting a property. FNAI attempts to predict the type of vegetation that would occur on property based on the soil type classification done in each county by the Natural Resource Conservation Service (NRCS). FNAI does surveys for vegetation and wildlife on properties that they are allowed to access and are done all over the state of Florida. First the vegetation is surveyed and projected as to the type of habitat it is ciassified as. Second, all wildlife is surveyed. Third, the vegetation and wildlife is matched to the NRCS soil type it occurred on. From this matching of habitat to soil type, listed species can aiso be speculated. Therefore, the Sending Land classification that the Landfill and Yahl Project was based on soil type extrapolation from the FNAI surveys. No actual site surveys or detailed site data was collected to make the determination. Problems with FNAI: 1. NRCS soil classifications have an average 25-50% error based on comparison of soil maps to actual property data. 2. Extrapolations of habitat and listed species based on NRCS soil types have an inherit 20-50% error. 3. No actual site data or surveys are conducted. When no actual site specific data is collected the error in the FNAI extrapolation is not corrected. The Board of County Commissioners (BOCC) have made it clear in many public hearings that decisions on land classification should be made with the best available data. If more accurate site specific data becomes available after an initial decision is made, then the new data should re-evaluated and changes made if warranted. The information presented below describes more accurate, detailed, site specific data collected from the 29 acre Yahl Project over a period of 8 years. The more site specific data indicates that there was error in the FNAI extrapolation and the property should not have been classified as Sending Lands. The site specific data indicates the more accurate classification based on the guidelines would be Neutral Lands. OVERLAYS, HABITATS, WETLANDS, JUXTAPOSTION OVERLAYS. In reviewing the information available from Collier County the first indicator that the Yahl Project and Landfill area is not "lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species" is that the areas were not initially classified as Natural Resource Protection Areas (NRPA's) as demonstrated in Figure 3. NRPA's as defined and described in the FLUE as follows: "The purpose of the Natural Resource Protection Area (NRPA) Overlay designation is to protect endangered or potentially endangered species and to identify large connected intact and relatively unfragmented habitats, which may be important for these listed species. NRPA's may Page 3 RFMUD Re-designalion Evaluallon of Folio 00341920409 From Sending to Neutral Lands GMP Amendment CP-2008.4 01 October 2008 Page 4 include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County or private acquisition efforts;" according to the FLUE. Since Collier County chose not to declare the area of the Landfill and the Yahl Project as part of the NRPA, then it was decided that the area I "was not" needed to protect potentially endangered species, I "was not" part of an intact and relatively unfragmented habitat area, and I "was not" Important to listed species. The reasoning behind not classifying the Landfill-Yahl Project area as a NRPA appears to be due to: I The high intensity use of the area due to the landfill. I The high amount of truck traffic to the land fill. I The current and past agricultural use of the general area. I The proximity to the fenced Right of Way of 1-75 which effectively severs and segments: o Any movement of ground animals o Continuity of any habitat or vegetation used by ground wildlife I High infestation of exotic plants I Presence of native vegetation not significant. I Lack of any regional or significant wetland systems I Lack of any significant habitat. Overall, the Landfill - Yahl Project area does not exemplify the characteristics listed for Sending Lands. However, it does better fit the Neutral Lands definition of: "Neutral Lands have been identified for limited semi-rural residential development. Available data indicates that Neutral Lands have a higher ratio of native vegetation, and thus higher habitat values, than lands designated as Receiving Lands, but these values do not approach those of Sending Lands. Therefore, these lands are appropriate for limited development, if such development is directed away from existing native vegetation and habitat (FLUE)." HABIT ATS, WETLANDS. The FLUE states that Sending Lands will have "the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species." Also, stated in the FLUE the intent of RFMUD designations is to "protecting and conserving the most valuable environmental lands, including large connected wetland systems and significant areas of habitat for listed species..." Figure 4 shows a compilation of Collier County habitat and wetlands data from the Rural Lands Stewardship (RLSA) program, the RFMUD, the FLUE, Dept. of Environmental Protection (DEP) and the South Florida Water Management District (SFWMD). As shown in Figure 4 there are "no large connected wetland systems" in or around the Landfill or Yahl Project Area. JUXTAPOSITION. The Landfill and Yahl Project area are situated in a location such that the properties can not be utilized effectively by listed species. The proximity to the White Lake industrial area to the west, 1-75 to south, single family residential and agriculture to the immediate east and north effectively has isolated the Landfill and the Yahl Project Page 4 RFMUD Re.designation Evaluation of Folio 00341920409 From Sending to Neutral Lands GMP Amendment CP-200B.4 01 October 2008 Page 5 habitat use by wide ranging ground species. 1-75 in particular provides a long term barrier to any movement for wildlife to or from the south. PROTECTED SPECIES The Yahl Project site was surveyed and evaluated for listed species in the 2008 Spring, 2007 Fall, 2006 and 2000. In all surveys the property indicated little to no value as habitat for utilization by listed species. It is anticipated that construction of a surface water mana~ement system required by the SFWMD for horticultural recycling will improve conditions primarily for wading birds. These reports are attached in the Appendix. The conclusions of the 4 reports were that the area is utilized little to none by listed species and by general wildlife. The area in fact showed very little use except by Passerines (song birds). This is generally concluded to be a result of the juxtaposition of the property With the other limiting features of the area (especially 1-75) and by the human activity encountered at the landfill. Panthers- Habitat Qualitv. The Landfill and the Yahl Project is located on the western edge of what is considered by the US Fish & Wildlife Service (FWS) to be classified as panther primary zone (Figures 5,6,7). During the processing of the US Army Corps of Engineers (USACOE) permitting for this project and the required coordination with the FWS, it was communicated to the Yahl Project that the FWS would be requiring the applicant to mitigate for all 29 acres of the project even though a 12 acre preserve site was going to be maintained on site through Conservation Easements. According to the FWS (B. Reick, personal communicaton) the FWS considers habitat on the edge or perimeter of the primary or secondary zone to be unusable to the panther and requires mitigation for the entire site. The reasoning is that areas on the "edge" have so much activity going on around them that the panther won't use it. Therefore, the animal would be better off if mitigation assisted in putting together protected properties toward the center of the core areas. The conclusion being that the quality of the habitat is low to "zero" and that the presence of 1-75 will forever prevent utilization from the south. Figures 5, 6 and 7 indicate the utilization of Collier County property by panthers as indicated by telemetry data collected by the Florida Fish & Wildlife Conservation Commission (FWC). This telemetry data is broken into 3 time periods Figure 5 1981-1996, Figure 6 1997-2003 and Figure 7 2004-2007. This data collected by FWC shows that the panther is not utilizing the general area of the Landfill and Yahl Project area. In fact it is showing a trend toward less and less utilization, that trend appears to be continuing today. This trend appears to validate the assertion by the FWS that the habitat on the edge of the primary zone is not usable. Red Cockaded Woodpeckers (RCW). RCW's are of particular interest in the area around the Landfill and the Yahl Project. After 4 surveys over 8 years over the entire area of the Yahl Project no nest trees were found. and no utilization of the area was observed. Generally, the Yahl Project does not have the preferred habitat type for RCW's due to a heavy exotic infestation of Brazilian Pepper and Melaleuca at the canopy and sub-canopy levels. Again this conclusion from this evaluation is that this is a low quality habitat area for wildlife with very little utilization. Black Bear. Figures 8 and 9 are telemetry data for black bear obtained from the FWC from 1983-2006. Figure 8 indicates that the primary utilization area is to the east of the Landfill and Yahl Project and to the south near Royal Palm Hammock on US 41. Although this is limited data it indicates that the primary areas of utilization are far to the east of the Yahl Project in the Camp Keais and Picayune Strand State Forest (PSSF). Figure 9 is nuisance Page 5 RFMUD Re-designalion Evaluation of Folio 00341920409 From Sending to Neutral lands GMP Amendment CP-2Q08-4 01 October 2008 Page 6 telemetry data which also shows a trend of bear movement not in the area of the Landfill / Yahl Project area. Bald Eaale. Figure 10 indicates the closest bald eagle nest to the Yahl Project. This nest is considered somewhat unusual since it is so far inland. Most nests are closer to the coast. This nest is in the PSSF management area south of 1-75. Again the Yahl Project area is not utilized because of its proximity to 1-75 and lack of quality habitat for this animal. CONCLUSION The classification of the Yahl Project does not meet the criteria that have been listed in the FLUE for the selection of properties as Sending Lands because of the utilization of FNAI extrapolated data. The collection of accurate site specific data on the Yahl Project/Fillmore site indicates: . The area has had agriculture use on it since 1990, before the implementation of the RFMUD land classifications . it was never initially considered to be a NRPA . it is not part of a regional wetland flow way system, . it is not considered to be significant habitat, . it has 1it1le to no listed species use, . it has a juxtaposition with 1-75 that will prevent it from being fully utilized as functional habitat for listed species . it is on the edge of primary panther habital and is considered not usable by FWS Based on the site specific data collected, the most accurate land classification based on the RFMUD guidelines is Neutral. Page 6 PROJECT LOCATION MAP LANDFI .. It'll ('\ r;~ --...1 \ J .~IL1 ....---.... __-6.. .. . . . 93 -- '---r---~- . .. -- ," "':- . ~ - .. " --ili"- - --- --- . .- --~ ,-= .......:..;....... . il I I J ) t~ '~ \1 _. ----..L - ' \ d / - . "LC"_-,-( 5 l_ o 5 10 15 Miles N PROJECT: FILLMORE I YAHL MULCHING & RECYCLING INC. GMP AMENDMENT CP-2008-4 Vahl Mulching Expansion Parcel, 2250 Washburn Ave., Sec. 31, Twn 1I9, Rge 27, totaling approximately 28.8 acres. Ramsey Inc. Environmental Consulting 2631 4th St. NW Naples,FL 34120 239.564.1660 Figure 1. Project Location Map in Collier County; PROJECT LOCATION DETAIL MAP I I 1 1 _+__ I IT L ~ l.4lib~ Il.l. ~ -- o u ......' ...:! !!!I&. ~i U~ YAHL MULCHING & RECYCLING, INC ~ It) 0') ~ U 175 PROJECT: YAHL MULCHING & RECYCLING, INC GMP AMENDMENT CP.2008.4 Figure 2. Project Location Detail Map In Collier County; Ramsey Inc. Environmental Consulting 2631 4th St. NW Naples, FL 34120 239.564.1660 N w+" 5 Yahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., Sec. 31, Twn '19, Rge 27, totaling approximately 28.8 acres. LOCATION OF NRPA AND NUETRAL LANDS MAP r=s- o Collier County Boundary N Roads _ RFMUD Neutral Lands E:a RFMUD Sending Lands _ NRPA AREAS D Collier County Landfill <1 ~;;;;j~~: FILLMORE I Y AHL MULCHING ~E & RECYCLING INC. GMP AMENDMENT CP-2008-4 .. T - T 1 I I I ~ ~ \J Figure 3. Location of NRPA and Nuetral Lands in Collier County In relation to the Yahl Project and the Collier County Landfill. Yahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., Sec. 31, Twn '19. Rge 27. fotallng approximately 28.8 acres. Ramsey Inc. Environmental Consulting 2631 4th St. NW Naple..FL 34120 239.56...1660 LOCATION OF MAJOR WETLAND, HABITAT AND NRPA LANDS MAP CJ Collier County Boundary 7\l Roads _ RFMUO Neutral Lands I:SJ NRPA AREAS I RLSA FSH OKALACOOCHtE RLSA FSA CAMP KEAIS FLUE MAP CONSERVATION ZON _ CORKCREW MARSH, CAMP KEAI [?;2j RFMUO Sending Lands o Collier County Landfill _ Yahl Project PRO,JECT: FILLMORE I YAHL MULCHING RE LI Figure 4. Location of maior wetland, hablltat & NRPA Lands In Colllar Countyln relation 10 the Vahl Project and the Collier Co.un-WLandflll. Vahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., Sec. 31, Twn '49, Rge 27, t-otallng approximately 28.8 acres. p. 8-4 Ramsey Inc. Environmental Consulting 2631 4th St. NW Naple!.FL 34120 239.5_.1660 + PANTHER TELEMETRY 1981.1996 + . 1996 panther telemetry . 1995 pllnthe, telemetry . 1994 panlher telemetry . 1993 panther telemetry . 1992 panther telemetry . 1991 panther telemetry . 1990 panther telemetry . 1989 panther telemetry . 1988 panther telemetry . 1987 panther telemetry . 198,6 panther telemetry . 1985 panther telemetry . 1984 no panther telemetry . 1983 panther telemetry . 1982 panlhertelemetry . 1981 panther telemetry III Vehl proje:ct 7\!RoadS ~ North belle m..de1 ..ndlng .rea Ez:.:::2 COrkllCrew aw.mp ..actuary [21 Corkscrew regional eGOsystem watershed m Florida p_the, n.tlo..... wildlife refuse r,;::] Picayune strand atate forel' & S Belle Mead ~~1 Fuahetch_ strand preserve state p8rk .~:::::;:=::::n. ~ PROJECT: FILLMORE I YAHL MULCHING & RECYCLING INC. GMP AMENDMENT CP-2008-4 Vahl MUlching & Recycling, Inc. Parcel, 2250 Washburn Ave., Sec. 31, Twn '49, Rge 27, ~otallng approximately 28.8 acres. Ramsey Inc. Environmental Consulting 2631 4th St. NW Naple!,FL 34120 239.5.....1660 Figure 5. Panther telemetry 1981-1996; PANTHER TELEMETRY 1997.2003 . Z003 panther telemetry . 2002 panther telemetry . 2001 panther telemetry . 2DDD panther telemetry . 1999 panthertelemetry . 1998 panther tdemetry . 1997 panther telemetry III Yahl ProJect 7V Roads ~ North belle meade nndlng area F7'/ji Corkscrew ew..mp ,anctuary [:] CorksCrew reglDnal ecosystem watershed m Florida pilnther natlanal wildlife ...ruDe 1':] Picayune stF1lnd .tate 'Drost & s aelle M.ad r;r::~ Falulhatchee strand pr...rve atate park ~~ Pan"'.' .econdary zone . PanthllH' primary zone ~ PROJECT: FILLMORE I YAHL MULCHING & RECYCLING INC. GMP AMENDMENT CP-2008-4 + Ramsey Inc. Environmental Consulting 2631 4th St. NW Naples, FL 34120 239.56...1660 Figure 6 Panther telemetry 1997-2003; Vahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., Sec. 31, Twn 119, Rge 27, ~otallng approximately 28.8 acres. PANTHER TELEMETRY 2004.2007 . 2007 panther telemetry . 2006 panther telemetry . 2005 panther telemetry . 2004 panther telemetry 11'I Vahl Project 7\l Roads E2a North belle m..de sending ilIrea EZ.:2 CorksGrew swamp sanctuary t CJ Corkscrew reglanal ecosyetem wat.rsh m Florida panther national wildlife refuge E:I Picayune strand st.te forest & 5 Belle M f''''-'] Fakahcatchee strand preserve state park ,_"'~I::J ~',:;'~ :::::::;;::~a:::nl! \, ~ PROJECT: FILLMORE I YAHL MULCHING & RECYCLING INC. GMP AMENDMENT CP-2008-4 + Yahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., Sec. 31, Twn lI9, Rge 27, totaling approximately 28.8 acres. Ramsey Inc. Environmental Consulting 2631 4th St. NW Naple!~FL 34120 239.5_.1660 Figure 7. Panther telemetry 2004-2007; BEAR TELEMETRY 1983.2000 . Black bear telem II 1983 2000 . Vahl Project N Roads . . w .. j . L " . . .. . . ., I . -e"!/ ..... .\ . . ,. .~ .'t · .~,. ,~. :. " . . PROJECT: FILLMORE I Y AHL MULCHING + & RECYCLING INC. GMP AMENDMENT CP-2008-4 Figure 8. Black Bear Telemetry 1983-2000; source FL Fish & Wlldlllfe Conservation Comm. Yahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., Sec. 31, Twn '49, Rge 27, totaling approximately 28.8 acres. Ramsey Inc. Environmental Consulting 2631 4th St. NW Naples, FL 34120 239.56...1660 Black Bear Nusionace Locations 1980-2006 L ~ I (J e Bear_nuisance_19SQ-2006 t . Vahl Project /\I Roads I et -~--L- I j PROJECT: FILLMORE I YAHL MULCHING & RECYCLING INC. GMP AMENDMENT CP-2008-4 I " fE Vahl Mulching & Recycling, Inc. Parcel, 2250 Washbum Ave., Sec. 31, Twn lI9, Rge 27, totaling approximately 28.8 acres. Ramsey Inc. Environmental Consulting 2631 4th St. NW Naple.!~FL 34120 239.5.....1660 FIgure 9. Black Bear Nuslonace Locations 1980-2006. BA~D EA~E, N~S~ ~LO~A"'f~O~ MA~ ffi[! I I--- mr~~: ! "1 T \ T T W-H I ~ I--- !... lL 0 r~ NEST LO~ATIO~ . I . . . "' ~h :~-L~ ~f-t-lH l Hrl --,- .................. I .111' , ';~It I . -. rh . I II \, lJ ~~\. . f--~ci r \ \ I ~ \.1-___ r ' r -, L_ ~- =:=._~ r~~ \ "'i . I----W I ,i ,_~. I U'I r-~-1 ~,U=r I -I II _..--L_ j - r--- ,___jf.__ . . c-- f----J " -- ,- .-::::- - - u I I :L-.. ....! ~1 J~ rJ~ I =--11 - i I +, _J - ~= - '-. - --".- --l= .-= 1--- -I 1 , := "'~E S -- I- 1= 1'- ~ I - ! ~.-t--.. ; I - 1- j I ---1 I - - -- -'- - I _ 0 - i I .- '-1 ~ ,I I -I _ PROJECT: FILLMORE I Y AHL MULCHING & RECYCLING. INC: GMP AMENDMENT CP-2008-4 1 ~E S Yahl Mulching & Recycling, Inc. Parcel, 2250 Washburn Ave., Sec. 31, Twn 49, Rge 27, totaling approximately 28.8 acres. Ramsey Inc. Environmental Consulting 2631 4th SL NW Naples,FL 34120 239.564.1660 Figure 10. Bald Eagle Location Map; source FWC. RFMUD Re-designalior, Evaluation of Folio 00341920409 From Sending 10 Neulrallands GMP Amandment CP.200B.4 0' October 2008 Page 7 APPENDICES APPENDIX A. 2001 0115 LISTED SPECIES SURVEY REPORT APPENDIX B. 20061229 LISTED SPECIES SURVEY REPORT APPENDIX C. 20080130 YAHL FALL 2007 PROTECED SPECIES REPORT APPENDIX D. 20080615 YAHL SPRING 2008 PROTECED SPECIES REPORT Page 7 Ecological, Environmental, Agricultural Land Management, Permitting, Septic Evaluations . _ _."TT.. Inc. LEP, CWB, CFEA, REPA, CEHP ENVIRONMENTAL CONSULTING LEP - Licensed Environmental Professional CWB . Certified Wildlife Biologist CFEA - Certified Florida Environmental Assessor REPA - Registered Environmental Property Assessor CEHP. Certified Environmental Health Professional OSHA 5 - Hazardous Materials Incident Conunander E-mail: Ramsey.Inc@embarqmail.com Office: 239.564.1660, Fax: 866.334.1496 2631 4" Sl. NW, Naples, FL 34120 www.ramseyinc.nel PROTECTED SPECIES WILDLIFE SURVEY REPORT. SPRING 2009 PROJECT: Y AHL MULCHING SDP A AR 7633 DATE: 05.01.09 BY: Michael R. Ramsey Ramsey Inc. Owner: Fillmore LLC (Yahl Mulching) County: Collier City: Naples Size: 28.8 acres Legal Descriptions: PID 00341920409 2250 Washburn Ave; the SW '4 or the SW '4 Section 31; Township 49, Range 27 INTRODUCTION The applicant Yahl Mulching has applied to the Collier Co. Government, the South Florida Water Management District (SFWMD) and US Army Corps of Engineers (USACOE) to expand its existing operation of mulching and recycling of vegetative material in Collier Co. (Figure 1). The following protected species/wildlife survey report was done to meet the submission requirements for each agency. This report evaluates if the above described project property is utilized by any protecled species listed by the Florida Fish and Wildlife Conservation Commission (FWC) and the US Fish and Wildlife Service (FWS). A protected species/wildlife evaluation for this property was conducted in 2000, 2006, 2007 and 2008, this report follows up on those 4 previous reports. METHODS First, the project properties were surveyed and a map prepared of the habitat types on site. Second, the official lists of protected species were obtained from each of the agencies (FWC & FWS). The FWC list all species classified as prolected by the stale of Florida government. The FWS list all species that are classified as protected in the state of Florida by the United States government. Third, each species on each list was researched as to county of occurrence and required habitat in the literature. Last, all species that were indicaled as being found in Collier Co. and having a habitat type that occurred on the project properties were searched for by surveys on the project properties. RESULTS Suo .G) Ddld. This property was initially evaluated for the presence of protected species in 2000. Collier Co. Government Natural Resources Division concluded there was no issue wilh protected species on this site and issued approval to move ahead with a site development plan in the Conditional Use Permit proceedings. The area was resurveyed in 2006 for the presence of protected species for the SFWMD and USACOE. The SFWMD found no issues with protected species and issued their permit #11.02649-P on 15 March 2007. The USACOE is still evaluating their permit application at this time. The project properties were visited on: October 14 - December 30 in lhe year 2000; and resurveyed on the dates: 09115,09/23,09/30,10/05,10/12,11105, 11/26,12/09 and 12/17 in 2006. In 2007lhe project area was visited on 09/23-24, 09/29, 10/06, 10/20, 10/28, II/II and 11113. In 2008 the property was visited on 04102,04/04,04/06,04/26,05/14,05/18 and OS/25. For this 2009 survey period the property was visited on 04.112, 04/14 and 04/16. The surveys were done in the morning (AM) 2-3 hours afler sunrise and in tbe evening (PM) 2-3 hours before sunset. Survey routes are shown in Figure 2. VahlMulcbing SDPA AR 7633 Spring 2009 Proleclcd Species Report o I May 2009 Pagel Habitat. The Florida Land Use, Cover and Forms Classification System (FLUCFCS) was utilized 10 produce the habitat maps for the project properties. The habitat or FLUCFCS maps are depicted in Figure 2 for the Yahl Mulching project. Table 1 below indicates the acres for each habitat type. Table I. FLUCFCS acres for the YOOI Mulching and Recycling property. JD# Acres FLUCCS # Habitat Tvoe I 2.6 III Single Family Residence 2 3.2 152 Timber Processing 3 0.5 624n43 Pine/Cypress/Palmlspoil piles 4 1.6 621 Cypress 5 7.0 624 Pine/CypresslPalm 6 0.8 624/8146 Pine/Cypress/Palm impacted by road clearing 7 1.1 624 Pine/CypresslPalm 8 0.3 434 Hardwood Conifer 9 4.7 624 Pine/CypresslPalm ]0 3.4 624n42 Pine/CypresslPalm impacted by borrow pit excavation 11 2.4 621 Cypress 12 0.5 8145 GradedlDrained Road 13 0.7 8145 GradedlDrained Road The Y 001 property has been impacted by road construction on the north, south and west sides of the property. This construction has effectively cut off sheet flow across the property, except for unusually high rainfall events. Impacted hydrology appears to be the cause of the pine trees being present with present in cypress transition areas in the 624 habitals. It is also the reason for lhe heavy melaleuca infestation in the 624 areas to be preserved. This area has been slowly drying out over time. In the site development plan the applicant will be impacting 6.37 acres of wetlands at the northwest corner of the property (adjacenllo the road, Figure 3) and preserve approximately 11.73 acres to the soulh of the operations area that will be rehydrated and enhanced (Figure 3). Rehydration is anticipated to greatly improve the vegetative conditions and make it more attractive to wetland wildlife. All permits for this project have been issued by Collier County Government, SFWMD and USACOE as of the writing of this reporl to proceed with lhe modification and expansion of this area for vegetative recycling and composting. StatelFederal Protected Soecies Listed. The FWC list was published in May 2008 and lists 117 i1nimaJs as protected in the State of Rorida and is attached as Appendix A. Based on general habitat requirements, historic distributions and actual sightings, the FWC lists 51 animal species that may occur in Collier County. There are 50 species lhat are vertebrates and I invertebrale. The 51 species are listed in Figure 4. The FWS list is updated daily on their website. The May 2009 list totals i 13 animal and plant species as protected in the State of Rorida and is attached as Appendix B. Based on general habitat requiremenls, historic distributions and actual sightings, the FWS lists 24 species (24 animals and no plants) that may occur in Collier County. Species for Collier Co. are listed in Figure 4 also. Site Survey Results. Figure 5 indicates the cumulative total of aU species observed over 6 survey events. Daily field sheets are located in Appendix C. Overall, 20 species were noted, 16 bird species, 3 mammals and 1 reptile. The most frequent bird species observed was mourning dove with 19 observations and for mammals - gray squirrel with 3 observations. The area also has received its second treatment for exotic nuisance plant removal as required by issued permits. The habitat is much more open than in previous years. Yahl Mulching SDPA AR 7633 Spring 2009 Prolected Species Report 01 May 2009 Page 3 Soecies Results. Gopher Frog/Rana capito: Prefers dry sandy, upland habilats adjacent to wetland areas. This lype habitat is not present onsite, or adjacent properties and no individuals were observed on site. Changes in the project properly will have no effect on this species. Cape Sable seaside sparrow/Ammodramus maritimus mirabj/is: Currently inhabits seasonally inundated freshwater interior marshes within Everglades National Park and Big Cypress National Preserve in Monroe and Dade County. Last documented in Collier Co. in 1979. This habitat is not present onsite and no individuals were observed on the property. Florida Grasshopper sparrow/Ammodramus savannarumfloridanus: Prefers large areas of frequently burned dry prairie habitat, with patchy open areas sufficient for foraging. This habitat type is not present onsite and no individuals were ohserved on the property. In addition, this species has not been observed since 1955 in Collier Co. Changes in the project property will have no effect on this species. Florida scrub jayl Aphelocoma coerulescens: Prefers low growing scrub oak planls. This habitat is not present onsite and no individuals were observed on the properties. Changes in the project property will have no effect on this species. Limpkin/Aramus guarauna: Inhabits mangroves, freshwater marshes, swamps, springs and spring runs, and pond and river margins. This habital is not present onsite and no individuals were observed on lhe properties. Changes in this property will have no effect on this species. Florida burrowing owl/A/hene cuniculariafloridana: Prefers habitats of high, sparsely vegetated, sandy ground. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Cuban-/snowy plover, Charadrius alexandrinus: Prefers dry, sandy beaches, where they nest in shallow depressions, usually near some vegetation or debris. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Piping plover/Charadrius melodus: Prefers open, sandy beaches and on tidal mudflats and sandflals along the coasts. This habilat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Kirtland's warbler IDendroica kirtlandii: Nests in nearly homogeneous stands of usually 30 ha or more of dense scrubby jack pine. Florida maybe a migration stop between Michigan and the Bahamas. Individuals may flay straight through. This habitat is not presenl onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Little blue heron/Egrella caerulea: Feeds in shallow freshwater, brackish, and saltwater habitats. Nesting colonies usually occur in coastal areas, but prefers foraging in freshwater lakes, marshes, swamps, and streams. Nests in a variety of woody vegetation types, including cypress, willow, maple, black mangrove, and cabbage palm. Usually breeds in mixed-species colonies in flooded vegetation or on islands. Nesting habitat is present onsite, but no other nesting of other wading bird species has been observed. No individuals or nesls were observed on the property. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in a preserve area, This improvement in habitat conditions may encourage use. Reddish egret/Egrella rufescens: Typically prefers coastal mangrove islands, or in Brazilian pepper on manmade dredge spoil islands, near suitable foraging habitat. Generally forages in shallow water of variable salinity. Broad, open, marine tidal flats and shorelines with little vegetation are ideal feeding areas, Also important are salt Yahl Mulching SDPA AR 7633 Spring 2009 Protected Species Repon 01 MllY 2009 Page 4 evaporation pools and lagoons, often located inside mangrove keys or just inside shoreline on mainland. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Snowy egretlEgrella thula: Nests both inland and in coaslal wetlands with nests placed in many types of woody shrubs, especially mangroves and willows; usually over shallow waters. Almost all nesting is over shallow waters or on islands that are separated from shoreline by extensive open water. Feeds in many types of permanently and seasonally flooded wetlands, streams, lakes, and swamps, and in manmade impoundments and ditches. Breeding success is tied to water-level fluctuations. Preferred nesting habitat is not present ansite. There are no permanently inundated areas on site. Seasonally flooded areas are very short in duration. No individuals or nesting were observed on the properties. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Tricolored heron/Egretta tricolor; Most nesting colonies occur on mangrove islands or in willow thickets in fresh water, but nesting siles include other woody thickets on islands or over standing water. Prefers coastal environments. Feeds in a variety of permanently and seasonally flooded wetlands, mangrove swamps, tidal creeks, ditches, and edges of ponds and lakes. Preferred nesting and feeding habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. It is planned 10 rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvemenl in habitat conditions may encourage use. While ibislEudocimus albus: Found in a wide variely of habilats, including freshwaler and brackish marshes, saIl flats and salt marsh meadows, many types of forested wetlands, wet prairies, swales, seasonally inundated fields, and man-made dilches. The forested wetland habital is present onsite and targeted to be preserved and enhanced. No individuals or nests were observed in the property. Changes in lhis property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Peregrine falcon/Falco peregrinus: The Peregrine Falcon frequents open areas like marshes, fields, swamps, and tidal areas. Since its reintroduction into the eastern United States, however, the Peregrine Falcon has colonized many urban areas because of increased nesting sites (and nesting ledges being created on buildings). This species is considered to be recovered and is waiting for delisting. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on lhis species. Southeastern American kestreUFalco sparverius paulus: Found in open pine habitats, woodland edges, prairies, and pastures throughout much of Florida. Nest sites are lall dead trees or utility poles generally with an unobstructed view of surroundings. Kestrels are not known to nesl in Collier County. Most individuals are migrants from the north. No individuals or nests were observed on lhe properties. Changes in this property will have little to no effect on this species. Florida sandhill crane/Grus canadensis pratensis: Habitat: Prairies, freshwater marshes, and pasture lands. A voids forests and deep marshes but uses transition zones and edges between these and prairies or pasture lands. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. American oystercatcherlHaemaropl/s palliates: Habitat: Coastal waters. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Wood storklMycteria Americana: Nests colonially in a variety of inundated forested wetlands, including cypress strands and domes, mixed hardwood swamps, sloughs, and mangroves. Forages in 6-15 inches of surface water. The preferred nesting habitat is present onsite, but the surface water does not get very deep on the property during Yahl MulclUbg SDPA AR 7633 Spring 2009 Protected Species Report o I May 2009 Page 5 the year due to the impacts of road building changing the hydrology. No individuals or nests were observed on the properties. Changes in this property will have no effect on this species. 11 is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Brown pelican/Pelecanus occidentalis: Habitat: Mainly coastal, feeding in shallow estuarine waters, and (less often) far offshore. . This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have nn effect on this species. Red-cockaded woodpecker/Picoides borealis: Habitat: Inhabits open, mature pine woodlands that have a diversity of grass, forb, and shrub species. Prefers mature slash pine trees that are generally larger than 12 inches in diameter, a wide spacing of trees, no subcanopy and relatively dry conditions. The preferred habitat is nol present onsite. No individuals were observed on the property. Again for this survey all pine trees were inspected for nest cavities or start holes and none were found. Changes in this property will have no effect on this species. Roseate spoonbilVPlatalea ajaja (Ajaia ajaja): Habitat: Primarily nests in mixed-species colonies on coastal mangrove islands or in Brazilian pepper on man-made dredge spoil islands near suilable foraging habitat. Does feed in forested wetland habitats with slow moving water. Although forested wetland type habitat present, hydrology has been so impacted it is very low quality. No individuals or indications of this species were observed on the properties. Changes in this property will have no effect on this species. Il is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Crested caracaralPolyborus plancus auduboni; (Caracara cheriway): Open country, including dry prairie and pasture lands with cabbage palm, cabbage palm/live oak hammocks, and shallow ponds and sloughs. Preferred nest trees are cabbage palms, followed by live oaks. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species_ Everglades snail kite/Rostrhamus sociabilis plumbeus: Habitat: Large open freshwater marshes and lakes with shallow water. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Black skimmer/Rynchops niger: Habitat: Coastal walers, including beaches, bays, estuaries, sandbars, tidal creeks (foragiog), and also inland waters of large lakes, phosphate pits, and flooded agricultural fields. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. LeastternlStema antil/arum: Habitat: Coastal areas throughout Florida, including beaches, lagoons, bays and estuaries. Increasingly use artificial nesting sites, including gravel rooftops, dredge spoil islands or other dredged material deposits, construction sites, causeways, and mining lands. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Roseale tern/Sterna dougalli (Sterna dougal/ii dougal/ii): Habitat: Nest sites include bare limestone, shell-sand beaches, newly deposited rock and marl fill, dredge material, and heaps of broken coral deposited by stonns. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Bachman's warbler/Vermivora bachmanii: Historic records indicate the Bachman's warbler nested in low, wel forested areas containing variable amounts of waler, but usually with some water that was permanent. This species is considered extinct in Florida. This preferred habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effeet on this species. Yahl Mulching SDPA AR 7633 Spring 2009 Protected Species Report 01 May 2009 Page 6 Smalltooth sawfish! Pristis pectinata: Habitat: Shallow coastal, estuarine, and fresh walers; often in brackish water near river mouths and large embaymenls, in deeper holes on bolloms of mud or muddy sand. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on lhis species. Rivulus (mangrove rivulus)/Rivulus mannoratus: Habitat: coastal, appears to prefer red mangrove (Rhizophora mangle). This habitat is not presem onsile and no individuals were observed on the properties. Changes in this property will have no effect on this species. Sei whalelBalaenoptera borealis: Habitat: Pelagic, marine. Generally, in deep water; along edge of cominental shelf and in open ocean. Tbis habilat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Fin whale (finback whale)/Balaenoptera physalus: Habitat: Pelagic, marine. Usually found in largest numbers 25 miles or more from shore. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species North Atlantic right whale/Eubalaena glacialis (Balaena glacialis (incl. australis)): Habitat: Inhabits near shore and offshore waters. Mainly coastal in the North Atlantic. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species Florida mastiff batlEumops glaucinus floridanus: Habitat: Roosls in palms and hollow trees and in buildings. Forages high in air over natural as well as human-altered landscapes. Minimal preferred roosting habitat is present onsite. No individuals were observed on the properties or surrounding areas during surveys. Changes in this property will have no effect on this species. Humpback whalelMegaptera novaeangliae: Habitat: Pelagic and coastal walers, sometimes frequenting inshore areas such as bays. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effecl on this species. Caribbean monk seaVMonachus tropicalis: Habitat: Marine areas. Shallow lagoons and reefs, sandy beaches, and permanent islets or beaches above high tide. Mainly west coast of Florida and Caribbean. This habitat is not presenl onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Everglades mink/Mustela vison evergladensis: Habitat: A variety of wetland communities, including salt marsh, freshwater marsh, cypress swamp, and hardwood swamp. There is very lillle of the preferred habilat is onsile. However, no individuals were observed or, indicators of the presence was noted on the property. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Sperm whalelPhyseter macrocephalll.!: Habitat: Pelagic, prefers deep water, sometimes around islands or in shallow shelf waters. This habilat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Florida panther/Puma (Felis) concolor coryi: Habitat: Requires extensive blocks of mostly forested communities. The FWC panther telemetry dalabase form 1981-2008 indicates no utilization of this property (Figore 6). The forested habitat panthers utilize is present onsile. No individuals or indicators were observed on the property. Planned changes in this property will have no effect on this species. However, this property is considered to be in lhe area of the Primary Panther Habitat Zones articulated by FWS (Figure 7). This issue is currently being evaluated by USACOE and FWS for proposed mitigation. FWS has indicated that this area has little value to the Yahl Mulching SDPA AR 7633 Spring 2009 Protected Species Repon. 01 Ma.y 2009 Page 7 panther since it is on the edge of the Primary Habitat Zone and bordered by 1.75. Proposed changes to the property are expecled to have little to no effect on this species. Big Cypress fox squirrel/Sciurus niger avicennia: Habitat: Sandhills (high pine), pine f1atwoods, and pastures and other open, ruderal habitats with scattered pioes and oaks. Depends on a variety of oak trees for seasonal food and nest material. Longleaf pine cones and seeds are important foods. This habitat type is present onsite, but very few oak trees. No individuals were observed on the properties. Changes in this property will have no effect on this species. Creation of the preserve area may encourage utilization. FloridalWest Indian ITUlllateelTrichechus manatus latirostris (Trichechus manatus): Habitat: Coastal waters, bays, rivers, and (occasionally) lakes. Requires warm-water refugia such as springs or cooling effluent during cold weather. Sheltered coves are important for feeding, resting, and calving. This habitat is not present onsite and no individuals were observed on lhe properties. Changes in this property will have no effect on this species. Florida black bearlUrsas americanus floridanas: Habitat: A wide variety of forested communities is needed to support the varied seasonal diet of black bears. Forested wetlands are particularly important for diurnal cover. This habitat is present onsite. However this area is bordered on the south by 1-75 which greatly deters access. No individuals or indices were observed on the properties. Figure 8 indicates black bear telemetry locations form 1983-2000 as coIlected by the FWC. The closest bear localion was 3600 feet from the property bowever it is soulh of 1-75 and excluded from the property. North of 1.75 lhe closet telemetry location was approximately 5900 square feel. Figure 9 indicales the locations of nuisance issues from 1980.2006 according to the FWC. GeneraIly, there has been no telemetry or nuisance issues on or immediately around the project property. Personal communication with the Naples FWC office revealed that only 3-4 nuisance complaints for black bears had been lodged for this general area since 1991 and they were in the last 3 years. Changes in this property will have no effect on this species. Creation of the preserve area may encourage utilization, but is not expected to. Loggerhead seaturtle/Careua carerra: Habilat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Green seaturtlellChelonia mydas: Habitat: Marine coastal aod oceanic waters; nest on coastal sand beaches. This habilat is nol present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. American crocodilellCrocodylus aCalas: Habitat: Coastal estuarine marshes, tidal swamps, and creeks along edges of mainland and islands. Usualiy associated with mangroves. Nests on beaches, stream banks:and levees. This habilat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Leatherback seaturtle/Dennochetys coriacea: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habilat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Eastern indigo snakellDrymarchon corais couperi: Habitat: Broad range of habitats, from scrub and sandhill to wet prairies and mangrove swamps. In northern parI of range, often winters in gopher tortoise burrows in sandy uplands but forages in more hydric habitats. This habitat is not present on site and no individuals were observed on the property. Also, no gopher tortoise burrows were discovered. Changes in this property will have no effect on this species. It is expected lhat lhe planned rehydration of this area will further discourage possible utilization. Hawksbill seatunlellErermochelys imbricata: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on lhis species. Yahl Mulching SDPA AR 7633 Spring 2009 PrOlecled Species Report o I May 2009 Page 8 Gopher tortoise/Gopherus polyphemus: Habitat: Typically found in dry upland habitats, including sandhills, scrub, xeric oak hammock, and dry pine f1atwoods; also commonly uses disturbed habitats such as pastures, old fields, and road shoulders. Typical habitat not present onsite. No burrows or individuals observed on site. Changes in this property will have no effect on this species. It is expected that the planned rehydration of this area will further discourage possible utilizalion Kemp's ridley seaturtle/ILepidoche/ys kempii: Habitat: Marine coastal and oceaoic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Florida tree snail/IUgaas [asdatus: Habitat: Tropical hardwood hammock (rockland hammock). This species prefers smooth-barked trees. This habitat is not presem onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species CONCLUSIONS The majority of habitat present on sile is 624 pine, cypress, palm. This habitat type appears to be the result of a hydrology impacts over a long period of time, which dried the area out and allowed slash pine to invade in cypress transition areas in the dry years. There was no indication of utilization of the 6.37 acres of 624 to be cleared by protected species. The approximate 11.73 acres that will be preserved and to be rehydrated has a great potential to improve the condilions of the area and increase wildlife utilization. Creation of the preservation area also insures that there will be a connection to the 1-75 drainage for "community flow way"to the north of this project. In addition, the preserve area will be prolected by a pennanent conservation easement with the SFWMD. The preserve area will also he managed for restoration of a natural association of vegetation and function. The preserve area has received 2 treatments for the removal on nuisance exotic plants and the habitat is much more open. Overall, changes in this property will have little to no effect on protected species detected. Implementation of the preserve area, enhancement and rehydration of it will increase wildlife utilization and habitat quality on the property, especially for wetland oriented species; and provide a pennanent flow way for the natural flow of waler form lhe north. This area is not expected to have a high increase in wildlife utilization due to the proximity to 1- 75. Again, this area would he consider extremely marginal for wildlife use because of its proximity to 1-75. Yahl Mulching SDPA AR 7633 Spring 2009 Prolc:cled Species Report 01 May 2009 Page 9 REFERENCES Ashton, R. E., Jr., and P. S. Ashton. 1988a. 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Effects of suburbanization and habitat fragmentation on Rorida scrub-jay dispersal. Rorida Field Nat. 24(2):25-37. Toland, B. I 999a. Nesting success and productivity of Rorida sandhill cranes on natural and developed sites in southeastern Rorida. Rorida Field Nat. 27(1):10- 13. _' 1999b. Nest sile characteristics, breeding phenology, and nesting success of American oystereatchers in Indian River County, Florida. Rorida Field Nat. 27(3):112-116. Tuberville, T D., J. R. Bndie, J. B. Jensen, L. LaClaire, and J. W. Gibbons. 2000. Apparent decline of the soulhem hog- nosed snake, Heterodon simus. J. Elisha Mitchell Soc. 116:19-40. U.S. Fish and Wildlife Service. 1982. Stock Island tree snail recovery plan. U.S. Fish Wild!. Serv., Atlanta, Georgia. _' 1984. American crocodile recovery plan (revised). U.S. Fish Wild!. Serv., Atlanta, Georgia. _' 1987. Endangered and threalened wildlife and plants; proposed threatened status for two Florida lizards. Fed. Reg. 52( 13):2242-2246. _' 1998a. Endangered and threatened wildlife and plants; 90-day finding for a petition to delist the Squirrel Chimney cave shrimp. Fed. Reg. 63:67618-67619. _' 1998b. Endangered and threatened wildlife and plants; determination of endangered status for five freshwater mussels and threatened slatus for two freshwater mussels from the eastern Gulf Slope drainages of Alabama, Rorida, and Georgia. Fed. Reg. 63(50): 12664-12687. _' I 998c. Okaloosa darter (Etheostoma okaloosae) recovery plan (revised). U.S. Fish Wild!. Servo Atlanta, Georgia. _. 1999. Endangered and threatened wildlife and plants; final ru Ie to list the lIatwoods salamander as a threatened species. Fed. Reg. 64:15691-15704. _. 1999. South Florida Multi-Species Recovery Plan U.S. Fish Wildl. Serv., Atlanta, Georgia. 2172 pp. _. 2000. Candidate and listing priority assignment fonn: Cicindela highlandensis. _.2006. U.S. Fish & Wildlife Service The Endangered Species Program [web application]. US Fish & Wildlife Service. Washington, D.C. http://www.fws.gov/endangered U.S. Fish and Wildlife Service and Gulf States Marine Fisheries Commission. 1995.Guif Sturgeon Recovery Plan. Atlanta, Georgia. Walls, J. G. 1976. Fishes of the nonhern Gulf of Mexico. T. F. H. Publications, Inc., Ud., Hong Kong. Whitaker, J. O. 1996. National Audubon Society field guide to Nonh American mammals. Alfred A. Knopf, New York. Williams, J. D.. and G. H. Burgess. 1999. A new species of bass, Micropterus cataractac (Teleostei: Cenlrarchidae), from the Apalachicola River basin in Alabama, Rorida, and Georgia. Bull. Rorida Mus. Nat. Hist. 42(2):81- 114. Witzell, W. N. 1983. Synopsis of the biological data on the hawksbill turtle Eretmochelys imbricata (Linnaeus, 1766). FAD Fish. Synopsis 137. Wood, P. B., M. L. Hoffman, M. W. Collopy, and J. M. Schaefer. 1988. Southeastern American kestrel (Falco sparveri~s paulus) natural history, life requirements, and habitat protectiofl>guidelines. Final report to Office of Envir. Services, Florida Game and Fresh Waler Fish Comm., Tallahassee. Woods, C. A., W. Post, and C. W. Kilpatrick. 1982. Microtus pennsylvanicus (Rodentia; Muridae) in Rorida: a Pleislocene relict in a coastal saltmarsh. Bull. Rorida State Mus. BioI. Sci. 28:25-52. Wooley, C. M., and E. J. Crateau. 1985. Movement, microhabitat, exploitation, and management nf Gulf of Mexico sturgeon, Apalachicola River, Rorida. Nonh American J. Fisheries Manag. 5:590-605. Wunderlin, R.P. 1998. Guide to the vascular plants of Rorida. Universily Presses of Rorida, Gainesville, Rorida Zambrano, R., M. S. Robson, D. Y. Charnetzky, and H. T. Smith. 1997. Distribution and stalus of least tern nesting colonies in southeast Florida. Rorida Field Nat. 25(3):85-91. Zambrano, R., R., H. T. Smith, and M. Robson. 2000. Summary of breeding roseate terns in the Rorida Keys: 1974- 1998. Rorida Field Nat. 28(2):64-68. P 1 4 PROJECT LOCATION MAP 5 , o 5 10 15 Miles , PROJECT: YAHL MULCHING EXPANSION WASHBURN AVE, NAPLES, FL Figure 1. Project Location Map in Collier County; Ramsey Inc. environmental Consulting 2631 4th St. Naple.!. FL 34120 239.5.....1660 N W+E Vahl Mulching Expansion Parcel, 2250 Washbum Ave., Sec. 31, Twn 49, Rge 27, totaling approximately 28.7 acres. Pae16/43 FLUCCSNEGETATION MAP; SURVEY ROUTES !~C IfAC .8148 1i.8 AC ~E S , " SURVEY ROUTE ID. AC FLUCRI PROJECT: YAHL MULCHING EXPANSION WASHBURN AVE NAPLES FL 100 , o 100 200 Feet Flgu", 2. FLUCFCSI V....tatlon Map; 8urvay Route.. Vahl Mulching Expansion Parcel, 2250 Washburn Ave., Sec. 31, Twn 49, Rge 27, totaling approximately 28.7 acres. Ramsey Inc. Environmental Consulting 2631 4th at. NW MaPkl!. FL 34120 239.5_.1880 P 017/43 PRESERVE AREA MAP PRESERVE AREA PARCELID #4 621 #5 624 tI6 624/8146 #9 624 #11 621 1.57 AC 2.82 AC 0.24 AC 4.70 AC 2.40 AC TOTAL 11.73 AC PROJECT: Y AHL MULCHING EXPANSION WASHBURN AVE NAPLES FL N w+. Vahl MJllchinR.ExlIBnslon Pareel 2250 W,..hbum AV!l:. Sec. 31, 'lWn"1iS, KII8 71, totalln~ approXimately 28.7 Lcree. Ramsey Inc. Environmental Consulting 2831 4th St. NW Napl8!~ FL 34120 239.5.....1860 Figure 3. Preserve Area Map. Page 18143 LIST OF USFWS AND FWC PROTECTED SPECIES FOR COLLIER CO., FL. AS OF 04/14/09 COMIION NAill! ac.IINTWIC NAMI! .....NAU. aTATVS .... .... ..... .... AMPRIIlANS """'... R,,,ntU"P/1D 55C(I,2) BIRDS c.pc:s..blcscuidcl/M1'O'" ;\Joo1llOd_s IDIlri,i",1U ""robi/is E E FlllfidI pauhoppcr .....,... A~""'_"I'IiUIl/1<Ni&twa E E flllrida~jay AphtI_~""tn:~n' T T Ii"llkin 1l;""'IU'_oilllllll SSC(ll Atllttt( l:Unk,,/un.. (A'h~~~ F\llridIbullowiquwJ nmi("Iu,~f/oridtur<l) SSCll) ,vory.blDod\\lOCldpol:..... CtmlJHp"..prlM;puli. E Cubul./_yp\olrer ChwDdri..s Dl~MS""riftl" T piplll'p!owr CliorIJdrfllJfI/Illldus T T Kin~'i -"Ie. JhJWiroiNlki"."ldi, E Iiltlebl""hcm.. E:S'tII"..tlrfV/ftl SSC(1.4) radilJtle'~1 E:,rr,l4"qtJUll. sse II A) "llOW1eprl E,m'ulllU/a SSCfI) lrimlon:dbrt'oo f:~r""lIlrka/o; 55C(I,4) ..tllleibl, Evdoc'i""uou",,. 55("(2) pen.."FibCfalcoll FtJko~,riIrou E SOlIlhcaItemAmcriC&l\wln:l FoIraSf>l'rwrlll'PfI.u.. T Florida iIlndllillcnne Gila (lIItlJiJnuJJproknslJ T AIMI'lcIn OJIlnwdln Iltu~,...U/Q1II1 SSC(UI WoodSlM MVCUrj"_""nr>llI E E bm....~licu PnHYfJnU.,..."iMmo:lli, SSC(!) rcld--rocbcled~h:r Plf'Oidrrbo"ftllo sse E ,<>IC:"<polJr1bill P'"",Iro~("jai"IlJ<fit>1 SSC(!..) Po/vOo.wpkDtc...."...bMii """,v:d~anc...." (C.mHflnJ(Iv..""',.J T T EyllfJll~"",iIlull: Rrus,"-"<Jlo(:/di/llJpI"",lH.., E E bl~tok>mll"'" kynrl>opJft(.~t 5SCOl k.wlllcm $'.......I""illo....... T SU'1n4l1olurJJ/i($ltm"dQug"I/,1 ,-- JiNq"I/J/) T T O...h..IIl.....(Qbkr V~....i_,.kcllmani' E nsll IllUllhlCllbuwrull P""~I;:'I"N_'u E n\'Ulvl(mstp'D'r'Criwluo) Ri>>.IJ.......nN>I'd"" $Selll MAMMALS ....'" B"'-lffIIIrvGl>I>mJll. E Iinwtllk(firl"-dwhlk) BGi-""Pkta pIlYJ~1 E E ElllNllft,,"~h(&lllIl'fttr NCII't.II AtWdi~ri"'lwhale ,l4stlufil [Met.'fNI/'1l , E Pklritllawillbal E-". fI-';,.,Jloridrlnus E ItllmpbIck ....~I~ M#',..".."",,_,f.... , E Caribbean monk-.I U_lu"lMf'ifillif E Ewosp,clcf;ml'" MlUlI!l"",_n...,!adtl/.lu T ......- nyu'~rrrttlCtotYrI<tI/'tJ E """"'''-' 1'1IMl1 (FdiJ/COflNJ4Dr cory; E E BirC)prcr.atolJQ\liml Srl_'II!f""o/nlfI/U1 T r~_/IIlIlltflo'lrl!lftl.' Flon<WWtsl flldiU.lII&1WCe jTrlc,",,*II4'_) , , Aoridlblid;bc:.- UfJWJ"",,,'rir__floridgn,,, T, REPIILES "_ritall"I~I\<Jf IJ/iplwrrllllw;ppim.ris SSC{tJl "'1~lCU.lr\lc C~'tr(l'nl"" T T JIft'Iltellllrllic CMlDU4myW , E."T. ....-.lcat1~ocIile C__....tpII.I/ft"lIl"l<f E E klltJleJblckll'w,t1c DrrIfUlClW'/y.(NjilCtl3 E E Ea.a.:milldlJOllllkc Df)III/"~Mnro,,,lscaufHri T T hawbblll-.:arunk f:NI~~Iy,_rlC/ll" E E gopherlOnolK GopN"upol~ T Kemp'l ridley.-vnlc LtpldMh.-Iy. umpll , E INVEIlTElIIlA TES MOI.LUSKS Floridluee....,] U'''...ftud'...... SSC(l1 PUNT> (NONEi Pr01ect: Y AHL MULCHING SDP A AR 7633 Figure 4. List of USFWS and FWC protected species for Collier Co., Fl. Ramsey Inc. En\lironmcDlQl Consulling Yahl Mulching Expansion Parcel, 2250 Washburn Ave., 26JI4"'SI,NW Naplcs,FL 34120 Sec. 31, Two 49, Rge 27, tolaling approximalely 28.7 acres. 239_564.1660 Page 19/43 PROTECTED SPECIES/WILDLIFE FIELD SURVEY SHEET CUMLA TIVE TOTALS APPENDIX C. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: DATE: OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: YAHL MULCHING COLLIER 04/12-16/2009 ALL SURVEYS AM & PM TOTAL COUNT M. RAMSEY, M. HUSSION 0645 AM 2030 PM 0-15 63-80 F NONE 0-20 % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJA Y CARDINAL PILEATED WOODPECKER CAT BIRD GREAT EGRET CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT (Sylvilagus f1oridanus) RACCOON GRAY SQUIRREL REPTILE BLACK RATE SNAKE TOTAL COUNT 7 7 9 2 4 o 11 19 1 o 9 17 1 3 2 2 o 2 1 3 Project: Y AHL MULCHING; Sprine 2009 Figure 5. Cumulative totals for Protected Species I Wildlife Survey. Daily field sheets in Appendix C. Yahl Mulching Expansion Parcel, 2250 Washburn Ave., Sec. 31, Twn 49, Rge 27, totaling approximately 28.7 acres. Ramsey Inc. Environmental Consulting 263) 4'h St. NW Naples, FL 34120 239.564.]660 Pa 20/43 PANTHER TELEMETRY 1981.2008 V.hl Mulching Expansion P.rc.l, 2250 W....bum Ave., Sec:. 31, Twn liB, .... 27, totallnB .pprox.....tely 28.8 .c..... & RECYCLING INC Ramsev Inc. Envlronmendl ConsultlnB 2831 4th 8t. NW N.plll.f.FL 34120 238.8-.1860 + PROJECT: YAHL MULCHING FIBU" 6. P.nther tel.m.try 1B81-2008; P 1 4 PANTHER PRIMARY/SECONDARY HABITAT MAP N W.. S PANTHER \ CONSULTATION UNE SECONDARY . HABITAT PRIMARY D HABITAT 400 0 400 800 Feet , PROJECT: YAHL MULCHING EXPANSION WASHBURN AVE NAPLES FL Figure 7. Panther PrImary/Secondary HabItat Map; Ramsey Inc. Environmental Consulting PO Box 1261 Immokal,,!J. FL 34143 239.564.1",,0 Yahl MJlh.hinlLExll8naillJl Par\;el 2250 WIIShbumAV,. Sec. 31, Twn'lS, Rge 27, totalln~ approximately 28. lIer... Pa e22/43 BEAR TELEMETRY 1983-2000 . r · .. . . . .. . . . , ... ..... e\. . I. .e.. _\it · .11I... ,~. J; " . . PROJECT: FILLMORE I YAHL MULCHING & RECYCLING INC. GMP AMENDMENT + Figure 8. Black"'r T.lemetry 1983-2000; sourc. FL Fish & Wlldll... Consot'V8tlon Comm. Y.hl Mulching & Rocycllng, Inc. P.rcel, 2250 W..hbum Ave., 8oc. 31, Twn 049,....27, totaling .pproxlmately 28.7 .c.... Ramsev DC. Envlronmondl.1 Consultln9 2831 4th It. NW N.pl~. FL 34120 239.5_.1880 P. .23/43 Black Bear Nusionace Locations 1980-2006 ;- e ~.~.. T PRO.JECT: FILLMORE I YAHL MULCHING & RECYCLING INC. GMP AMENDMENT fE Vahl MulchIng & Recycling, Inc. Parcel, 2250 Washbum Ave., 8ec. 31, Twn <&9, Rge 27, ~otallng approximately 28.7 acres. Ramsev Inc. Envlronmen41 Consulting 2831 4th St. NW Nap\T.t\."L 34120 238. 1880 Figure 9. Black Baa. Nuelonace Locations 1980.2008. Page 24/43 APPENDIX B FLORIDA'S ENDANGERED SPECIES, THREATENED SPECIES, AND SPECIES OF SPECIAL CONCERN May 2008 FLORIDA FISH AND WILDLIFE CONSERV A nON COMMISSION Page 25/43 APPENDIX B CONTENTS PREFACE.......................................................................................................................... ii NUMERICAL SUMMARY OF SPECIES LISTED BY THE ST ATE OF FLORIDA AS ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN.... 1 OFFICIAL LISTS ..................................................................................................... I FISH .............. .................. ........ .................... ..... ..... ............. ............ .... ............................ 2 AMPHIBIANS.. ............ .............. .......... ..... ............. ................. ........ ............. .... ............. 2 REPTILES.. ..... .............. ... .......... .... ....... ... ... ........... ............... .......................... .............. 2 BIRDS ... ..... ....... ............. ...... ....... .... ...... ......... .......... ... ....... .... ............ ............................ 3 MAMMALS...................................................................................................................4 INVERTEBRATES .....................................................................................................6 CORALS....................................................................................................................6 CRUST ACEANS....................................................................................................... 6 INSECTS............. ............ ......... ........ ...... ............................... ............ ........................ 6 MOLLUSKS ..............................................................................................................6 KEY TO ABBREVIATIONS AND NOTATIONS........................................................ 7 Page 26 J 43 APPENDIX B PREFACE This document consolidates the official slate of Florida list of endangered species, threatened species, and species of special concern. The Florida Fish and Wildlife Conservation Commission (FWC) maintains the state list of animals designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, respectively, Florida Administrative Code (F.A.C.), httos:llwww.flrules.orl!!Default.aso. The state lists of plants, which are designated endangered, threatened, and commercially exploited, are administered and maintained by the Florida Department of Agriculture and Consumer Services (DOACS) via Chapter 5B-40, FAC. This list of plants can be obtained at htto:llwww.fl-dof.com/forestmanal!ement/Dlantconservelist.html. The federal agencies that share the aUlhority to list species as Endangered and Threatened are the National Oceanic and Atmospheric Administralion-National Marine Fisheries Service (NOAA-NMFS) and U. S. Fish and Wildlife Service (USFWS). The NOAA-NMFS is responsible for listing most marine species. The federal list of animals and plants is administered by the USFWS, and this list is published in 50 CFR 17 (animals) and 50 CFR 23 (plants). Additional information regarding federal listings can be located at the following websites; NOAA-NMFS - htto://www.nmfi;.noaa.l!ov and USFWS - htto:llendanl!ered.fw5.l!0v/wildlife.html#Soecies. Please note thaI while the FWC has published a consolidated list of state and federally listed species in lhe past, we now only publish a list of species listed within the state of Florida. This list will be maintained and available at our agency website: htto://www.mvfwc.com. Lists of federally listed species can still be viewed at the USFWS and NOAA-NMFS web sites mentioned above. It is our inlent by providing the list in this manner that we will be able to maintain a current lisl that is more readily available to the public. . Common and ,dentlDc names listed fint are a' they appear in the Florida Administralive Code, Title 68A. Common andlor ,clenlific names following this and located within parentheses ( ) contain names as used by USFWS, or other commonly used nlmes. Bradley J. Gruver, Ph. D Listed Species Coordinalor Species Cooservation Planning Sectioo Division of Habitat and Species Conservalion Florida Fish and Wildlife Conservation Commission Cover Photos by FWC StatT: Key Largo Woodrat, Burrowing Owls, Okaloosa Darter, Schaus' swallowtail butterfly, Short-tailed Snake. 11 P8ge 27 I 43 APPENDIX B NUMERICAL SUMMARY OF SPECIES LISTED BY THE ST A TE OF FLORIDA AS ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN STATUS DESIGNATION FISH AMPHIBIANS REPTILES BIRDS MAMMALS INVERTEBRATES TOTAL E 3 0 6 8 20 4 41 T 2 0 11 9 4 0 26 sse 10 5 7 18 6 4 50 TOTAL 15 5 24 35 30 8 117 Page 28/43 APPENDIX B OFFICIAL LISTS Common Name Scientific Name Status --- -- -..-------...--- FISH ------ Atlantic sturgeon Acipenser oxyrinchus sse (I) (Gulf stunzeon) (Acioenser oxvrinchus desotoi) shortnose sturgeon Acioenser brevirostrum E shoal bass Microoterus cataractae sse (I 2) Suwannee bass Microoterus notius sse (I) rivulus Rivulus marmoratus sse (I) (manorove rivulus) Lake Eustis ouofish Cvorinodon varieflatus hubbsi sse (I) blackmouth shiner Notroois melanostomus E bluenose shiner PteronotroTJis welaka sse (I,2) saltmarsh tonminnow Fundulus ienldnsi sse (I) kev silverside Menidia conchorum T crvstal darter CrYstal/aria asorel/a T harleouin darter M_'_____ sse (!) Etheostoma histrio okaloosa darter Etheostoma okalossae E Southern tessellated darter Etheostoma olmstedi ssc (I) (tessellated iohnnydarterl macula/iceos ~- ..- ---------- kev blellllv Starksia starcki sse (]) AMPHIBIANS flatwoods salamander Ambvstoma cinflulatum sse Geonzia blind salamander Haideotriton wallacei sse (12) nine barrens treefrog Hvla andersonii sse (]) Florida bo~ frOg Rana oka/oosae sse (2) l!ooher frOl! Rana caoito sse (\ ,2) REPTILES American allilzator Alligator mississippiensis SSC (\ 3) American crocodile Crocodv/us acutus E kev rinl!lleck snake Diadovhis TJunctatus acricus T Eastern indillo snake Drvmarchon corais couoeri T red rat snake E/aphe guttata SSCI(]) Atlantic saIl marsh water snake Nerodia c1arldi taeniata T _ (Atlantic salt marsh snake) 2 Page 29 / 43 Common Name Scientific Name AQPENDIX B Florida pine snake Pituophis melanoleucus SSC (2) muvitus short-tailed snake Stilosoma extenuatum T Florida brown snake Storeria dekayi victa T1 rim rock crowned snake Tantilla oolitica T Florida ribbon snake Thamnophis sauritus sackeni T1 bluetail mole skink Eumeces eftreftius lividus T Florida Kev mole skink Eumeces evrevius eftreJ!ius SSC (1) sand skink NeoseTJs revnoldsi T gOD her tortoise GOTJherus TJolvohemus T Barbour's maD turtle Graotemvs barbouri SSC (1,2) allil!ator snanning turtle Macroclemvs temminckii sse (1) striped mud turtle Kinosternon baurii E1 Suwannee cooter Pseudemys concinna SSC(I,2) suwanniensis loggerhead seaturtle Carella carella T (logllerhead sea turtle) green seaturtle Chelonia mydas E (green sea turtle) leatherback seaturtle Dermochelys coriacea E (leatherback sea turtle) hawksbill seaturtle Eretmochelys imbricata E Ihawksbill sea turtle) Kemp's ridley seaturtle Lepidochelys kempii E IKemn's ridlev sea turtle) BIRDS Dinin" nlover Charadrius melodus T snowy plover Charadrius alexandrinus T ICubansnowVDlover) American ovstercatcher HaematoTJus oalliatus . ssc/I,il brown Delican Pelecanus occidentalis sse II) black skimmer l!xnchoDs niver SSC (1) least tern Sterna antillarum T roseate tern Sterna dougalli T (Sterna douuallii douualliil limDkin Aramus J!uarauna SSC II) reddish elITet Eftrella rofescens SSC (1 4) snowv elITet Eftrella thula SSC II) little blue heron Er!rella caerulea sse (1,4) tricolored heron Eftrella tricolor sse (1,4) 3 Page 30 /43 Common Name Scientific Name AQPENDIX B white ibis Eudocimus a/bus sse (2) Florida sandhill crane Grus canadensis oratensis T whooninll' crane Grus americana sse (5)- --- wood stork Mvcteria americana E roseate SDoonbill P/ata/ea aiaia sse (1,4) burrowing owl Athene cunicu/aria sse (I) (Florida burrowinll' owl) (Athene cunicularia t/oridana) crested caracara Caracara cheriway T (Audubon's crested caracara) (Polvborus olancus audubonii) Derell'rine falcon Falco perell'rinus E Southeastern American kestrel F aleo sparverius paulus T osprey Pandion ha/iaetus SSe211,2) snail kite Rostrhamus sociabi/is E I (Everll'lades snail kite) plumbeus Florida scrub iav Aphelocoma coeru/escens T Cape Sable seaside sparrow Ammodramus maritimus E mirabilis Florida grasshopper sparrow Ammodramus savannarum E f/oridanus Scott's seaside sparrow Ammodramus maritimus SSC(I) veninsu/ae WakulIa seaside sparrow Ammodramus maritimus SSC(I) iuncico/us white-crowned Dill'eon Columba leucocevha/a T Kirtland's warbler Dendroica kirtlandii E Bachman's warbler Vermivora bachmanii E ivory-billed woodnecker Campephi/us princiva/is E red-cockaded woodDecker Picoides borealis SSC Marian's marsh wren Cistothorus Da/ustris marianae SS61) W orthimrton' s marsh wren Cistothorus pa/ustris vriseus sscm MAMMALS Florida panther Puma conc%r coryi E (Puma r; F e/is 1 conc%r corvi) Florida black bear Ursus americanus f10ridanus T3 Everglades mink Muste/a vison evendadensis T key deer Odocoi/eus virginian us E elavium 4 Page 31/43 APPENDIX B Common Name Scientific Name Status Lower Kevs marsh rabbit Sv/vilal!Us Da/ustris hefneri E Big Cvnress fox squirrel Sciurus niger avicennia T Sherman's fox squirrel Sciurus niger shermani SSC (j 2) Eastern chivmunk Tamias striatus SSC (1) Sanibel Island rice rat Orvzomvs Da/ustds sanibe/i SSC f1 2) silver rice ral Oryzomys argentatus E (rice rat, lower FL Kevs) (Qrvzomvs Da/ustris natator) Kev Lanzo woodrat Neotoma floridana sma/li E Key Largo Colton Mouse Peromyscus gossypinus E a/laDaticoia Choclawhatchee beach mouse Peromyscus polionotus E a/lonhrvs -~ _.--~-- Southeastern beach mouse Peromyscus po/ionotus T niveiventris Anastasia Island beach mouse Peromyscus po/ionotus E Dhasma SI. Andrews beach mouse Peromyscus po/ionotus E Deninsuiaris Perdido Key beach mouse Peromyscus polionotus E trissv/leDsis Florida mouse Podomvs floridanus sscm Florida mastiff bat Eumons g/aucinus 7iOridanus E gray bat Mvotis J!risescens E Indiana bat Mvotis soda/is E Florida saltmarsh vole Microtus pennsyivanicus E (Florida salt marsh vole) dukecampbe/li Sherman's short-tailed shrew Blarina caroionensis SSC (2) r =brevicauda 1 shermani Homosassa shrew Sorex ionf!irostris eionis SSC (2) sei whale BaiaenoDtera borealis E fin whale Baiaenoptera physaius E (fmback whale) North Atlantic right whale Eubaiaena giacia/is E (right whale) (Ba/aena giacialis [incl. australis 1) humnback whale Megantera novaeangliae E snerm whale Phvseter macroceDhaius E Florida manatee Trichechus mana/us iatirostris E (West Indian manatee) (Trichechus manatus) 5 Page 32/43 Common Name Scientific Name AQPENDIX B INVERTEBRATES CORALS nillar coral Dendrovvra cvlindrus E CRUSTACEANS Panama City crayfish Procambarus econfinae sse (1 ) (econfinacravfish) sims sink crayfish Procambarus e,ythrops sse (I) (Santa Fe cave crayfish) black creek crayfish Procambarus nictus sse (1) INSECTS Miami blue butterfly eye/argus [=Hermiargus] E thomasi bethunebakeri Schaus' swallowtail butterfly Herae/ides aristodemus E nonceanus f- MOLLUSKS Florida tree snail Livuus fasciatus sse (1) Stock Island tree snail Orthalkus reses E Orthalicus reses [not ine/. nesodrvasl 6 Page 33/43 APPENDIX B KEY TO ABBREVIA TlONS AND NOT A TlONS List Abbreviations FWC - E~ T~ SSC~ Florida Fish and Wildlife Conservation Commission Endangered Threatened Species of Special Concern Reasons for SSC listings prior to January I, 2001 are indicated by the number in parenthesis under the following criteria: (1) has a significant vulnerability to habitat modification, environmenlaJ alteration, human disturbance, or human exploitation which, in the foreseeable future, may resull in its becoming a threatened species unless appropriate protective or managemenl techniques are initiated or maintained; (2) may already meet certain criteria for designation as a threatened species bul for which conclusive data are limited or lacking; (3) may occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribulion other species would be adversely affected to a significant degree; (4) has not sufficiently recovered from past population depletion, and (5) occurs as a population either intentionally introduced or being experimentally managed to attain specific objectives, and the species of special concern prohibitions in Rule 68A- 27.002, F.A.C., shall not apply to species so designated, provided that the intentional killing, attempting to kill, possession or sale of such species is prohibited. Lisl Notalions Lower keys population only. 2 Monroe County population only. Other than those found in Baker and Columbia Counties or in Apalachicola National Forest. 7 Species lisled in Florida based on published population dala Page I of 4 Page 34 I 43 APPENDIX B. Species Reports Environmental Conservation Online System Species listed in Florida based on published population data Notes: . This report shows the species listed in this state according to the Federal Register listing description. . This list does nol include experimental populations and similarity of appearance lislings. . This list includes species or populations under the sole jurisdiclion of the Nalional Marine Fisheries Service. . Click on lhe highlighted scientific names below to view a Species Profile for each listing. Listed species (based on published population data) .. 114 listings Animals - 59 listings SII1llJ Species/Listing Name T Bankcllmber, purple (mussel) (ElI/Dto/deus Blost/anusl E Bat, gray (IIrot/B grisescenB) E Beetle, American burying (NJcrophoruB smerksnu$) E Butterfly, Schaus swailowtail (HeraclldeB srlstodemuB ponceanuB) T Caracara, Audubon's crested FL pop. (PolyboruB plsncus sudubonlf) T Coral, elkhorn (AcroD0f8 palmsts) T Coral, staghorn (AcroDOlll cervicornis) T Crocodile, American FL pop. (CrDCodyluB scutuBI E Curlew, I;:sklmo (Numenlus boreal/B) E Darter, Okaloosa (Etheostoms OlaJ/oosse) E Deer, key (Odooolleus vlrglnianus clsvlum) E Kile, Everglade snail FL pop. (Rostrhsmus Boo/abl/Is olumbeuB) E Manatee, West Indian (Trlchechus manstus) E Moccasinsheil, Guil (MedlanlduB oenlcl/latuB) E Moccasinsheil, Ochlockonee (MedlonldUB slmpsonlsnuBJ E Mouse, Anastasia Island beach (PeromvBcuB pol/onalua phssmal E Mouse, Choctawhatchee beach (PeramvBcuB ool/onolua sl/oDhtys) E Mouse, Key Largo cotton (PeramvBcUB gouvo/nUB sl/spat/cola) E Mouse, Perdido Key beach (PeromyBcus pal/anatuB lrlssyl'-PBls) T Mouse, soulheastern beach (peromvscus ool/anaws n/velventns) hUp:llecos .fws.gov Iless_public/pub/slateLislinglndividual.jsp?stale=FL&status=listed 4/1412009 Species listed in Florida based on published populalion data Page 2 of 4 Page 35/43 APPENDIX B. 10 Mouse,::i1. Anorew oeacn (l"eromvscus po"onorus oenmsU/ans) E Panther, Florida (pums (:Fells) conc%r corv~ E Pelican, brown excepl U.S. Atlantic coast, FL, AL (Pe/_nus occ/del!1irJ!$J E Pigtoe, oval (PlBurobema ovrIforme) T Plover, piping except Greal Lakes watershed (Chsrsdrius me/odusl E Pocketbook, shinyrayed (LamDs/IIs subelUlu/ata) E Rabbit, Lower Keys marsh (SVIvi/aaus oa/ustris hefner~ E Rice rat lower FL Keys (Oryzomvs pa/ustris natatol') T Salamander, frosled flatwoods (Ambvstoma c/lUlu/atum) E Sawfish, smalllooth (PrIst/s oectlnata) T scrub-jay, Florida (!\Pile/acoma coeru/escensl E Sea lurtle, green FL, Mexico nesting pops. (Chelon/s mvdss) T Sea lurtle, green excepl where endangered (Che/onia mvdas) E Sea lurtle, hawksbill (Eretmochelvs /mbricats) E Sea lurtle, Kemp's ridley (Lepldochelys /tempI/) E Sea turtle, leatherback (Dermochelys coriacss) T Sea turtle, loggerhead (Caretts carstt.) E Seal, Caribbean monk (Monachus lroDlcalls\ T Shrimp, Squirrel Chimney Cave (Pataemoneles cummlng~ T Skink, bluetail mole (Eumeces earea/us Ilvldusl T Skink, sand (NeoseD$. revlUl4"/.$i) T Slabshell, Chipola (EII/Dtlo chlDDlBensls) T Snail, Stock Island lree (Ortfurllcus reses (not Incl. nesodrvasJ\ T Snake, Atlantic salt marsh (NerodlB c1srfdl taen/ata) T Snake, easlern indigo ItJrymarchDn corsls couoerl) E Sparrow, Cape Sable seaside (Ammodrsmus msrftlmus mlnJbllls) E Sparrow, Florida grasshopper (Ammodrsmus savannsrum florldsnus) E Stork, wood AL, FL, GA, SC (Myctaris amer/csns) T Sturgeon, gulf (Ac(penser oxvrinchus desoto~ E Sturgeon, shortnose (Ac/penser brsv/roslrum\ T Tern, roseate Western Hemisphere except NE U.S. (SBnHIllougsllll douaalll~ E Three-ridge, fat (mussel) (Amb/ema ne/slerl~ E Vole, Florida sail marsh (Microtus oennsv/vanlcus dukecamDbeIl/) E Whale, flnback (Bs/senoptera phvsa/us) E Whale, humpback (MegSDlers novaeang/lae) E Whale, righl (Bs/aena alac/alls (/nc/. austrslls)) E Wolf, gray Lower 48 States, excepl where delisted and where EXPN. Mexico. (Can/s luaus) E Woodpecker, red-cockaded (Plco/des boreal/.) E Woodrat, Key Largo (~lollYl1lDIllllrI1lum.1llJ hup://ecos.fws.gov Iless_public/pub/stateLislinglndividual.j sp ?stale=FL&slalus=!isled 4/14/2009 Species listed in Florida based on published population data Plants - 55 listings S1II!!t Species/Listing Name E Aster, Florida golden (ChlVsopsls fIoridana) E Beargrass, Britton's (Nollna brittonlBn/l) E Beauty, Harper's (Harparocallls nava) E Bellflower, Brooksville (CamDflnul/l robinshJe.) T Birds-in-a-nest, white (M/lcbridea alba) E Blazingstar, scrub (L/alris ohllnoerael T Bonamia, Florida (Sonamls flrand~) T Buckwheal, scrub (Erlooonum Ionaffollum var. alUfDhallfolluml T Butterwort, Godfrey's (Plnauleu/alo/llJllth/l1 E Cactus, Key tree (Pllosocereua roblnll) E Campion, fringed (Sllene oolvDetsl/ll E Chaffseed, American (Schwalbea amer1c/Jna) E Cladonia, Florida perforate (Cladonls peI'forala) E Fringe-tree, pygmy (Chlonanthus avamaeulI) T Gooseberry, Miccosukee (Rlbes ech/nellum) E Gourd, Okeechobee (Cucurbita okBechobeensIs aso. oIceechobeens/ll) E Harebells, Avon Park (Crotalarts avonenals) E Hypericum, highlands scrub (Hyparlcum cumulicola) E Jacquemontia, beach (Jacauemonlia recllnats) E Lead-planl, Crenulate (Amotpha crenufata) E Lupine, scrub (LUIIlnus aridorum) E Meadowrue, Cooley's (T!!allctrum cooIey() E Milkpea, Small's (Galaelfa small/[) E Mint, Garrett's (Dlcerandra ehrilltmanl() E Mint, Lakela's (Dlcerandra Immacufala) E Mint, longspurred (Dlcerandra comutlasJme) E Mint, scrub (!2/J;!!randra frute_) E Muslard, Carfer's (Wal1Nl carterl) E Pawpaw, beauliful (Deerlnaofhamnus oulchellus) E Pawpaw, four-petal (As/mlna lelramera) E Pawpaw, Rugel's (Deerinaothamnus ruoe///) T Pigeon wings (Cllloria fraarafD) E Pinkroot, genlian (Salaella aentlanoldes) E Plum, scrub (prunus genlcu/ats) E Polygala, Lewton's (Po/ygafa lewtonl!) E Polygala, tiny (Polvaala smalll!) E Pondberry (Llndera mellsslfolla) Page 3 of 4 Page 36/4:13 APPENDIX B. hltp://ecos.fws.gov /less_publiclpub/stateLislinglndi v idual.jsp ?state=FL&slatus=listed 4/14/2009 Species lisled in Florida based on published population data Page 4 of 4 Page 37 143 APPENDIX B. E Prickly-apple, fragrant (Cereus erloohoms var. fragrans) E Rhododendron, Chapman (Rhododendron chapmanlll E Rosemary, Apalachicola (Conradlna plabra) E Rosemary, Etonia (Conradlna etonle) E Rosemary, shon-Ieaved (Conradlna brell"ollel E Sandlace (PoI11ponel/a mlfl'loohlll/a\ T Seagrass, Johnson's (Halophlla ;ohnson/~ T Skullcap, Florida (Beutel/aria "arid ana) E Snakerool (Ervnalum cuneltol/um) E Spurge, deltoid (ChanuHlltYce deIloldes ssp. deIIoldee) T Spurge, Garbe~s (ChanuJesyce aerberll T Spurge, telephus (Euphorble lelaphlo/des) E Torreya, Florida (Torrellal8rlfolle) E Warea, wide-leaf (Wares amolarlto/Ie\ E Waler-willow, Cooley's (Just/cia coolellll T Whitlow-won, papery (PeronlfChla chartecea) E Wireweed (Pollloonella baslram/a) E Ziziphus, Florida (Z/zlohus celejl) Last updated: May 14, 2009 ECOS Home I Contact Us htlp:llecos. fws .gov he ss_public/pub/slateListinglndi vidual.j sp ?slate=FL&status=listed 4/14/2009 APPENDIX C. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER AM M. RAMSEY, M. HUSSION 0645 AM 0830 AM 0-5 E 68 F NONE DATE: 04.12.09 OBSERVER: TIME START: TIIME END: WIND: TEMP, RAIN: CLOUD COV: WATER: COMMENTS: 10% DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD GREAT EGRET CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL REPTILE BLACK RATE SNAKE COUNT 3 1 1 4 2 2 Page 36/43 APPENDIX C. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLI ER DATE: 04.12.09 PM OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: M. RAMSEY, M. HUSSION 1830 PM 2030 PM 5-10 S 80 F NONE NONE % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD WHITE IBIS GREAT EGRET MOCKING BIRD HAIRY WOODPECKER RED BElliED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL REPTILE BLACK RATE SNAKE COUNT 1 1 2 1 2 3 1 2 6 2 1 Page 39 I 43 APPENDIX C. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER 04.14.09 AM DATE: OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: M. RAMSEY, M. HUSSION 0700 AM 0915 AM NONE 78 F 5-10SE NONE % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD GREAT EGRET CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKlE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT (Sylvilagus f1orldanus) RACCOON GRAY SQUIRREL REPTILE BLACK RATE SNAKE COUNT 1 2 1 3 3 1 1 Page 40 /43 PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLI ER DATE: PM 04.14.09 OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: M. RAMSEY, M. HUSSION 1815 PM 2015 PM 5.10NW 75 F NONE 10-20 'Yo DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD GREAT EGRET CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK MEADOW LARK COUNT 2 3 2 2 MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL REPTILE BLACK RATE SNAKE APPENDIX C. Page41/43 APPENDIX C. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER DATE: 04.16.09 AM OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: M. RAMSEY, M. HUSSION 0700 AM 0915 AM 0-5N 63 F NONE 10-20 % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD GREAT EGRET CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL REPTILE BLACK RATE SNAKE COUNT , 2 1 3 2 3 3 6 2 Page 42/ 43 APPENDIX C. PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER PM DATE: 04.16.09 OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: M. RAMSEY, M. HUSSION 1815 PM 2000 PM 5-10W 75 F NONE 5-10 % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD GREAT EGRET CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT (Sylvllagus floridanusj RACCOON GRAY SQUIRREL REPTILE BLACK RATE SNAKE COUNT 1 1 3 3 4 1 Page 43/43 Ecological, Environmental, Hazardous Materials, Agricultural Land J AP PEN 0 I X A CONSULTING & TRAINING Michael R. Ramsey CWB, CFEA, REPA ._~n __ ~ - CWB _ Certified Wildlife Biologist E-mail: nfnOt840@naples.neel CFEA _ Certified Florida Environmental Assessor Phone: 941-564-166O,OfficeIFax: 941-657- 2601 REPA _ RegiStered Environmental Propeny Assessor PO Box 1261, Immokalee. FL 34143 PROTECTED SPECIES REPORT 2000 PROJECT: Y AHL MULCHING DATE: 0]/1512001 BY: Michael R. Ramsey Ramsey Inc. Owner: Fillmore YahJ Mulching Cnunty: Collier City: Naples Size: 28.8 acres Legal Descriptions: PlD 00341920409 2250 Washburn Ave; the SW '" or the SW '" Section '3\; Township 49, Range 27 INTRODUCTION Tbe applicant Yahl Mulching bas applied to the South Florida Water Management DistriCI (SFWMD) and US Army Corps of Engineers (USACOE) to expand its existing operation of mulching and recycling of vegetative malerial in Collier Co. (Figure 1). The following protected species report was done to meet the submission requirements for each agency. Tbis repon evaluates if tbe above described project property is utilized by any proteCted species listed by the Florida Fisb and Wildlife Conservation Commission (FWC) and tbe US Fish and Wildlife Service (FWS). METHODS Infonnalion concerning locations, densilies, status, listings and cbanges from the Florida Fish & Wildlfie Conservation Commission (FWC) and U.S. Fish and Wildlife Service (USFWS) were reviewed along with other related publications. Last, OD site surveys or investigations were conducted on the proposed project site. On site surveys were conducted October 14 through December 30, 2000. Surveys were conducted in the early morning hours or in the late afternoon. RESULTS Plants Beautiful uawuaw. This species was not observed on the site. This low shrub species is usually found in association with pine fiatwoods. However, its distribution is limited to those areas in western Lee Co. The proposed development should have linJe or no impact on this species. Small's milkDea. This species was not observed on the sileo Wunderlin (J996, 1998) listed this species as being in Collier Co. The habitat requirements of solution holes in limerock would favor conditions in lower southeast Collier Co., closer to Dade Co. The proposed project should have little to no impact on this species. Animals American Allillator. Alligators (AJliutor mississiooiensis) were not observed on the sileo This species prefers open water year round, which does not exist on the site. The proposed project should have little to no impact on this species. Eastern Indirlo Snake. No evidence of the Eastern indigo snake (Drvmarchon ~ ~ was observed on the site. Habitat requirements for these species are not well known, but generally prefer high, dry well drained soils. In addition prey base species were limited. The proposed activity should have little or no impact on this species. GaDher Tonoise. No sightings or burrows of this species were observed on site The proposed project should have lin1e or no impact on this species. Protccted Species Survcy Yahl Project O1JlSn.OOl APPENDIX A 2 Horida Danther. This species was not observed on the site or detected by indices. In addition FL Fish & Wildlife Conservation Conunission panther telemetry records since 1981 has never recorded a panther using this sileo The proposed project should have little to no effect on this species. Bit! Cvnress fox sQuirrel. During surveys no fox squirrels (Sciurus niger avicennia) were observed. The proposed project should have little to no effect on this species. Arctic Peremne Falcon. This species was nol observed on the area. In 1998 it was recommended by the USFWS to delist this species. due to its population numbers increasing. Since this species' breeding habitat is in the Northern US and Canada and winters in the southern US and South America, it is 8 seasonal migrant to Florida. In addition to being a seasonal migrant, it is more likely to utiljze coastal areas. The proposed project should have little to no effect on this species. Bachman's Warbler. No evidence of this species was noted on the area. In addition, no sightings of this species has been recorded since 1977 and is thought to be extinct. The proposed project sbould have little or no effect on this species. Bald Eu:le. No evidence of this species was noted as to its presence on the area and no documented evidence indicates any nesting activit)'. The proposed activities should have little or no effect on this species. Crested Caracara. No indications of this species were noted as to existence or utilization on the project site, This species is more dependent on open areas like wet prairies and pastures with scattered sabal palm trees. This type habitat does nOlexist on the area The proposed project should have little to no effect on this species. Evu21ades Mink. This species was not observed or detected on the area. The preferred habitat of marsh and open water areas do not exist on the project because of the hydroperiod alteration to the wetland. The proposed development should have little to DO effect on this species. Florida Black Bear. No black bears were observed, nor indices detected on the area. Although suitable habitat exist, it is nollarge enough to support an individual bear. Surrounding human residential activity also deters any bear utilization. The proposed development should have little to no impacts on this species. Florida Burrowin. Owl. This species was not observed on the area. The preferred habitat of this species also does not exist on the site. The proposed development should have little to no effect on this species. Florida Grasshouucr SU8ITOW. This species was not observed on the site during surveys. Available records indicate that this species is more likely to occur north of this area, from northern Hendry Co. into south central Florida. In addition, this species is more likely to utilize an area of stunted sa.w palmetto with sparse grasses in between clumps. This type habitat does not exist on the site. The proposed project should have little to no effect on this species. Florida Sandhill Crane. This species was not seen on the during the surveys. However, areas typically used are wetland marshes, prairies and pastUre areas. This habitat type exist on the property. The proposed project should have little to no effect on this species. Florida Scrub Jav, No indication of this species presence was noted during surveys. In addition, the scrub oak habitat required for this species, does not exist on the area. The proposed project should have little to no impact on this species. Lirnnkin. This species, nor indications of this species were observed on the area. The preferred habitat for this species has abundant emergent and submergent vegetation with adequate Pomacea oaludosa. No Pomacea oaludosa remains were observed while on the area. Creation of detention areas has been observed to help provide better quality nesting and feeding habitat for this species. Uttle or not effects are expected for this species from the proposed development, and may benefit from detention area construction.. Little blue and tri-colored beron. These two herons were not observed on or utilizing the area. The altered hydroperiod of the onsile wetland does not allow water to stand for very long in the wetland. The property does have a borrow pit on the area with standing waler, but it is too deep for a preferred feeding area. The proposed project should have Uttle to no effect on this species. Prolecled Species Survey Yahl projecl OlllSnOOl APPENDIX A 3 ~. Although the osprey is listed as a species of special concern by the FWC it is applicable only to Monroe County. The proposed development should have little to no effect on this species. Red-cockaded woodocckers. No evidence of this species was noted on the site. No birds were seen or heard on the area, and no evidence of nest tree.... was observed. Some of the areas in the pine tracts did appear to be appropriate for feeding areas. but no individuals were observed or heard while on sile. The proposed project should have little 10 no impact on this species. Round-Tailed Muskrat. This species was not ohserved or detected on the area. Tbe preferred hahitat of dense stands of pickerel weed (Pontederia cordata) and maidencane (panicum hemitomon) do not exist on the area and no marsh habitat exists. The planned development should have little to no impact on this species. Shennan's Fox SQuirrel. This species was not observed, nor were any indications noted on the area. This species is more typically found from the mid panhandle to Tampa to Lake Okeechobee. The preferred habitat for this species is very dry pine-oak stands, which do not exist on the area. The proposed g development should have little to no effect on this species. Snail Kile. This species was not observed on the area. pomacea Daludosa also was not observed while on the area. Also. preferred habitat of sloughs and flats vegetated by sawgrass Caadium iamaicense) and spikerushes with scattered shrubs and tree islands do not exist on the area. The pmposed development should have little to no effect on this species. Snowv EEret. This species was not observed on the area. Since standing water is not available on the property, Snowy egrets have no place to feed. The proposed project should have little to no impacts on this species. The property does have a borrow pit on the area with standing waler, but it is too deep for a preferred feeding area. The restoration of a hydroperiod to the wetland area will provide more suitable feeding habitat. Southeastern Kestrel. This species was nol observed on the area. Preferred habitat for Southeastern Kestrels ~ snarverius Dawus) requires lhe presence of snags and mature pine forests to provide nesting areas. These specific types of habitat association was not observed on the area. The proposed project should have little to no impact on this species. West Indian Manatee. This species was not observed on the area. nor does suitable habital exist. The proposed developmenl should have little or no effecl on this species Wood stork. Wood. storks were nol observed flying over or utilizing lhe site. The property does not currently support any areas of standing shallow water that Wood storks prefer for feeding. The property does have a borrow pit on the area with standing water, but it is too deep for a preferred feeding area. The proposed project should have little to no impact on this species. CONCLUSIONS The proposed project water management structures should have little 10 no effect on listed species. If the applicant is allowed to constrUct dikes and impound the wetland area multiple benefits are possible. Hahitat utilized by wading bird species would be created. A hydroperiod more conducive to nonnal wetland fLlnctions and plant associations would be created Prolcctcd Specits Survey Yalll Project 01f1SnOOt APPENDIX A 4 REFERENCES Brown, L.N. 1978. Mangrovefox squirreL Pages 5-6, in Rare and Endangered Biota of Florida: VoL I, Mammals. IN. Layne, ed. University Presses of Florida, Gainesville. Conner, R.N. and B.A. Locke. 1982. Fungi and red-cockaded woodpecker cavity trees. Wilson Bull. 94:64-70. Cox, l, D. lnkley. and R. Kautz. 1987.Ecology and habitat protection needs of gopher tortoise lGonherus nolvnhemus) populations found on lands slated for large~scale development in Florida. Florida Game and Fresh Water Fish Commission, Nongame Wildlife Program Technical Report No.4. Tallahassee, FL. 75pp. Duever, M.l., l.E. Carlson, IF. Meeder, L.C. Duever, L.H. Gunderson, L.A. Riopelle, T.R. Alexander, R.F. Myers and D.P. Spangler. 1986. The Big Cypress National Preserve. National Audubon Society Research Report No.8, National Audubon Society, New York, NY. 444.pp. Fitzpatric, lW.. G .E. W oolfenden and M.T. Kopeny. 1991. Ecology and development-related babitat requirements of the Florida scrub jay (Aohelocoma coerulescens coerulesceos). Florida Game and Fresh Water Fish Commission, Nongame Wiidlife Program Teebnical Report No.8. Tallabassee. FL, 49 pp. Hooper, R.G., A.F. Robinson, Jr., and J.A.lackson. 1980. The red-cockaded woodpecker: notes on life history and management. U.S. Fish and Wildlife Service, Atlanta, GA 8pp. Jackson, lA. 1977. Red-cockaded woodpeckers and pine red heart disease. Auk. 94:160-163. lackson, J.A. 1977. Determination of the ,tatus of red-cockaded woodpeeker colonies. l. Wildl. manage. 41 :448-452. lohnson, KG., D. Land, and M.A. Lott. 1996. Annual Performance Report: Florida Panther Genetic Restoratioo and Management. Florida Game and Fresb Water Fish Commission. Tallahassee, FL. lohnson, KG., D. Land, and M,A. Lott. 1997. Annual Performance Report: Florida Panther Genetic Restoration and Management. Florida Game and Fresh Water Fisb Commission. Tallahassee, FL. Henry, V.G. 1989 Guidelines for Preparation of Biological Assessments and Evaluations for the Red-Coekaded Woodpecker. US Fish & Wildlife Service. 13pp. Hillestad, RD., R.W. Whiteside, l.l. Mayer, LT. Vermont, l.R. Fudge, IV, A,W. Conger, and B.L Caner. ]989. Wildlife Assessment for Citrus Grove Conversion. Final Report. Soum Florida Water Management District. West Palm Beach, FL. Hoffman, Mark L.; Collopy, Micbael W. 1988. Historical status of the American kestrel (Falco sparverius paulus) in Florida. Wilson Bulletin. 100(1): 91-107. Howell, Arthur H. 1932. Florida bird life. Tallahassee, FL: Florida Department of Game and Fresh Water Fish. 579 p. Kale, H.W. 11. 1978. Rare and Endangered Biota of Florida. VoL 2. Birds. University Presses of Florida, Gainesville. Land, D. 1994. Southwest Florida Black Bear Habitat Use, Distribution Movements, and Conservation Strategy. Final Report. Florida Game and Fresbwater Fish Commission. Tallahassee, Florida. Land, D., and S.K. TayloL 1998. Annual Repon: Florida Panther Genetic Restoration and Management. Florida Game and Fresh Water Fish Commission. Tallahassee, FI..... Land, D., D. Shindle, D. Singler, and S.K. Taylor. 1999. Annual Report: Florida Panther Genetic Restoration and Management, Study No.7508. Florida Game and Fresh Water Fish Corrunission. Tallahassee, FL. Liudahl. K, DJ. Belz, L.Carey, RW. Drew, S. Fisher, and R. Pate. 1998. Soil Survey of Collier County, Florida. Natural Resource Conservation Service, U.S. Dept. of Agriculture, 152 pp. Protected Species Survey Yahl Project OJllSnOOl APPENDIX A 5 Mazzotti, F.l., L.A. Brandt, L.G. Pearlstine. W.M. Kitchens. T.A. Obreza, FC Depkin, N.E. Morris, and CE. Arnold. 1992. An evaluation of the regional effects of new citrus development on the ecological integrity of wildlife resources in southwest Florida. Final Report. South Florida Water Management District. West Palm Beach, FL 188 pp. Stevenson. H.M. 1978. Bachman's warbler. pp.13.14. In Rare and endangered biota of Florida: Vol. 2, Birds. H.W. Kale II, ed. University Presses of Florida. Gainesville. Thompson, R. L. and W. W. Baker. 1971. A survey of red-cockaded woodpecker nesting habitat requirements. Pp 170- 186. Ecol. and mgm\. red-cockaded woodpecker (R.L. Thompson, ed.). Bur. of Sport Fish. and Wildl. and TaIl Timbers Res. Stn.. Tallahassee. U.S. Fish and Wildlife Service. 1998. Multi-species recovery plan for the threatened and endangered speci.es of South Florida, Volume I of 2. The Ecosystem TechnicaVAgency Draft; Atlanta, Georgia. U.S. Fish and Wildlife Service. 1995. Second Revision Florida panther (Felis concolor!<l!OV recovery plan. Prepared by the Florida Panther Interagency Committee for the USFWS. Atlanta, Georgia 75 pp. U.S. Fish and Wildlife Service. 1986. Florida Panther (Felis concolor coryi) Recovery Plan. Prepared by- the Florida Panther interagency Corrunittee for the U.S. Fish and Wildlife Service, Atlanta, GA 8& pp. U.S. Fish and Wildlife Service. 1986. Florida Snail Kite (Rostrhamus soeiabilis plumbeus Ridgeway) Revised Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, Georgia. 48 pp. U.S. Fish and Wildlife Service. 1986. Recovery plan for 'the U.S. breeding population ofthe wood stork. U.S. Fish and Wildlife Service, Atlanta, GA 28 pp. U.S. Fish and Wildlife ServIce. 1985. Red-cockaded woodpecker recovery plan. U.S.Fish and Wildlife Service, Atlanta, GA. 88 pp. U.S. Fish and Wildlife Service 1982. Eastern indigo snake recovery plan. U.S. Fish and Wildlife Service. Atlanta. GA. 23 pp. Wunderlin. R. P. 1998. Guide to the Vascular PlanES of Florida. University Press of Florida. Gainesville. Wunderlin, R.P. B.F. Hansen. and E.L. Bridges. 1996. Atlas of Florida Vascular Plants. Florida Dep\. of State. Tallahassee. 34143 APPENDIX A "t! -,. If.. ~EZl --,;," :::::.:r: : I L-:"_.. , .. " . II " o .::,,:;o..~:;.: ........ ...... ..~.~.';.~:.:. ..~... nR:: "" . .::= ;;;:: ~.1. -. .. .. .. ....... .u. ...... '__',;;,.';':':'oIO'~' .. " ,. ("I ...... ~ - . ,'::::::IT::~] "":':1 :'::-. 10 I .1 .:;1 :-WJNC SOUTH )I ~ ~~~T~ RI1.......::. t 15 . ........ ~:::: 1 ~- --~ -- :...... 0..'. \I '" " ~ - ---=-- .~:: =- 'J'''' -==z:: ~- I" " " --~ -.:u:-: --- ~ -~ --u- --- ---- ~"- - .....~ ;;;-; ':1.'~::;:::{':':':-1~~~~ - " tl -&. u- - -~ ~ " "", ~ " " ~- .. -- ~ =;:::..: _:..=.=;- -":-.11 ---~ --- -;.: .-.::': FjguJe 1. Location map of tile Yahl Project in the SW 1/4 of Section 31, Township 49, Range 27; Collier Co. DES RIPTION SIn Ie Famil Residenhal Timberp,ocessin Plne!C less/PalmlS,QiIPiles Cress PinelC ress.lPalm Pine I Cress I Palm 11m cll'!d B ROlld Clea"" Pine/C resslPalm Hardwood Collller PinalC resslpaim Pine i Cress I Palm .1 1m acled i3 l:Iarrow Pit E~cavatlon Cress GrMedlDr<llOedRoad Graded i Drained Road TOT AI. ACRES ACRE 2.6 32 0> " " 08 " 03 " " " OS 07 28.8 flWA. irK ~"""I,,, Ih" daw Pm V'",, "";,,na' ~S" "~,,," Thl<; ioformatlon IS der.ved !com mulll~I,.. "OJrces W"IC." ~1i'Y. In pa'\ nor Dew""nl andbeo"ISldctt>r,c"ntoloiRWA 1m. TI",."<,,,.. depoctac IlV I~I'< map arc ap:JfO"nl~K. ~"d ~r~ 101 neC8osa<llv accuralt. to su<v"y"'~ or ~n~I"ee"''II '1;"1dW~" kWA Ino ass"mp, oolega: rCWO"'''bl''lyir''ll>>J .~forrnah(mco"lnl'",d 0"111,' '''''p o 150 , 300 600 900 , Feet Attachment G - Appendix A Fillmore Recycling GMPA Comprehensive Plan Amendment FLUCFCS Map (Aerial Flown Date Jan 2008) N A DYlTK' CONSl'LTING ..........., ,~ ..a.. 'PI"Ilnlllg . ~"ualiIaI'On . Civil Engin<<rin. .. SUIV~V'"~ & M;tppi,,~ P"nting Dale April 10. 2008 Fole T\Projf''''~\2008\OB0073 0000 Yahl M\J'chlng. GMPAI.FLUCCSon.d APPENDIX A 8145 U3 HABITAT LEGEND Acres FLUCCS Code Type uPLAIID HABITAT TYPES 2.6 ~ 111 SlNGLE FAMILY UNITS 3.3 _ 152 TIMBER PROCESSING 12.2 ~ 419 OTHER 'PIllE 0.3 ~ 434 . HARDWOOD C01fIFBR JllXEt 3.3 ~ 742 BORROW AREA 0.5 ~ 743 SPOIL AREA 1.0 [[[l] 8145 GRADED AlID DRAlRED ROA: 0.9" 8146 WOOD8 ROAD 24.1 TOTAL UPLAIID HABITAT WETLAIID IlAIIITAT TYPES 3.9 E:ZJ 621 CYPRESS 3.9 TOTAL WETLAKD HABITAT I 28.0 TOTAL PROJECT ACREAGE Figure 3. CONTINUED; Habitat map for the Yahl project. APPENDIX A Figure 4. Soils map ofYahl Project in Collier Co. Source: US Dept. of Agriculture, 1990, SoU Swvey of Collier Co. (H) HOLOPAW ~ ~ (IJ fj o ~ ~ ~O...~ ~O ~.. APPENDIX A ~ ~ ~ ~ ~ ~ Figure 4. CONTINUED; Soils map for the Yahl project. APPENDIX A II 111'111111 \ fllll:' li " ~ III ~ F F I I I" 'i I ~ I d ft I I ---- III 0000000 I I DrDDDD I I I I I I ft i PI 1 I I I I iii I , I 11111111111111111111I11 ----- I I 111111111 IItJ1l1l11l1 I ~ II i! I II I I~ I I S II ~ I !ii S 1.11 III Un "" ~.: i , . . ~z ~ I I , l ,u I , I ii I I , I ! ~ I, I I h I~ I 'OH.IU.CltaClOtlXllClltL u... .. &YlJ1S(JN 1NI:/Im8R1NG, 11<<:. crvu. aNGDnUI:R - ..~.._-......... - ............. -....... . .. T.....~".,,_,..JrQ1C. ~ 00IIlI11CIW.. UIE I'LCIl" !\.AN Figure 5. Yahl Mulching & Recycling Site Plan for expansion CUP 2000 22 CONSULTING Ec:ologlcal, Enviroomental, Agricultural Land Manogemer AP PEN 0 I X B Ram~ InC. . . CWB - Certified Wildlife Biologist CFEA - Certified Florida Enviromnental Assessor REP A - Registered Environmental Property Assessor E-mail: Ramsey.lnc@enrlblink.net Phone: 239.564.166O,OfficeIFax: 866.334.1496 2631 4rnS_~ Naples, FL 34120 DATE: 12.29.06 BY: Michael R. Ramsey Ramsey Inc. INTRODUCfION PROTECTED SPECIES REPORT PROJECT: YAHL MULCHING Owner: Fillmore LLC (YahI Mulching) County: Collier City: Naples Size: 28.8 acres Legal Descriptions: Pill 00341920409 2250 Washburn Ave; the SW Y. or the SW';' Section 31; Township 49, Range 27 The applicant Yahl Mulching has applied to the Collier Co. Govemmen~ the South Florida Water Management District (SFWMD) and US Anny Corps of Engineers (USACOE) to expand its existing opemtion of mulching and recycling of vegetative material in Collier Co. (Figure I). The following protected species report was done to meet the submission requirements for each agency. TIlls report evaluates if the above described project property is utilized by any prolected Species lisled by the Florida Fish and Wildlife ConsClVation Conunission (FWC) and the US Fish and Wildlife Service (FWS). A protected species evaluation for this property was conducted in 2000 this report is a updated follow up on that report. METIIODS Firs~ the project properties were surveyed and a map prepared of the habitat types on site. Second, the official lists of prolected species were obtained from each of the agencies (FWC & FWS). The FWC list all species classified as prolected by the slate of Florida government The FWS list all species that are classified as prolecled in the state of Florida by the United States government Third, each species on each list was researched as to county of occurrence and required habilat in the literature. Last, all species that were indicated as being found in Collier Co. and having a habitat type that occurred on the project properties were searched for by surveys on the project properties. RESULTS Survev Dates. This property was initially evaluated for the presence of protected species in 2000. Collier Co. Government Natural Resources Division concluded there was no issue with protected species on this site and issued approval to move ahead with a site development plan. The area was resurveyed in 2006 for the presence of protected species. The projecl properties were visited for surveys on: Octoher 14 - December 30 in the year 2000; and resurveyed on the dates: 09/15, 09/23,09130, 10/05, 10/12, 11/05, 11/26, 12/09 snd 12/17 in 2006. Habitat. The Florida Land Use, Cover and Forms Classification System (FLUCFCS) was utilized to produce the habitat maps for the projecl properties. The habitat or FLUCFCS maps are depicted in Figure 2 for the YahI Mulching project. Table I below indicates the acres for each habitat type. Table I. FLUCFCS acres for the Yahl Mulching and Recycling property. JO# Acres FLUCCS # I 2 3 4 S 6 7 8 9 10 11 12 13 H.bilal Tvne 2.6 3.2 0.5 1.6 7.0 0.8 Ll 0.3 4.7 3.4 2.4 0.5 0.7 111 Smael Family Residence 152 Timber Procc:uing 6241743 PinelCyprc:sslPalm1spoil piles 621 Cypress 624 PincJCypresslPalm 624/8146 Pine/CyprcsslPalm impacted by road clearing 624 Pinc:/CypresslPalm 434 HardwordConifer 624 Pinc:lCypress/Palm 624/742 PineICyprcsslPalm impacted by borrow pit ell:C8valion 621 Cypress 8145 Graded.'l>mnedRoad 8145 GradedlOrained Road Yahl Mulching PID: 00341920409; Collier Co. Protected Species Report 12.29.2006 Page 2 APPENDIX B The YahI property has been impacted by road construction on the north, south and west sides of the property. TIlls construction has effectively cut off sbeet flow across the property, except for unusually high rainfall events. bnpacted hydrology appears to be the cause of the pine trees being present with present in cypress transition areas in the 624 habitats. It is also the reason for the heavy melaleuca infestation in the 624 areas 10 be preserved. This area has been stowly drying out over time. In the site development plan the applicant will be impacting 6.37 acres of wetlands at the northwest comer of the property (adjacent to the road, Figure 4) and preserve approximately 11.73 acres to the south of the operations area that will be rehydrated and enhanced (Figure 4). Rehydration is anticipated to greatly improve the vegetative conditions and make it more attractive to wetland wildlife. StatelFederal Protected Species Listed The FWC lisls was published in June 2006 and lists 118 animals as protected in the State of Florida and is attached as Appendix A Based on general habitat requirements, historic distributions and actual sightings, the FWC lists 50 animal species that may occur in Collier County, 49 species are vertebrates, 1 is an invertebrate. The 50 species are listed in Figure 3. The FWS list is updated daily on their website. The August 2006 lists 111 animal and plant species as protected in the State of Florida and is attached as Appendix B. Based on general habitat requirements, historic distributions and actual sightings, the FWS lists 24 species (23 animals and 1 plant) that may occur in Collier County. Species are listed in Figure 3 also. Species Results. Gopher Frog/Rana capito: Prefers dry sandy, upland habitals adjacent to wetland areas. This type habilat is not present onsite, or adjacent properties and IlO individuals were observed on site. Changes in the project property will have no effect on this species. Florida scrub jay! Aphelocoma coerulescens: Prefers low growing scrub oak planls. This habitat is not present onsite and no individuals were observed on the properties. Changes in the projecl property will have no effect on this species. Limpkin/Aramus guarauna: Inhabits mangroves, freshwater marshes, swamps, springs and spring runs, and pond and river margins. This habital is not present onsite and no individuals were observed on the properties. Changes in this property will have no effecl on this species. Florida burrowing owl/A/hene cunicu/ariafloridana: Prefers habitats of high, sparsely vegetated, sandy. ground. This habitat is not present onsite and IlO individuals were observed on the properties. Changes in this property will have no effect on this species. Ivory-billed woodpecker! Campephi/us principalis: 1ms species is considered 10 be extincl but is still listed Known to prefer swampy forests, especially large bottomland river swamps of coastal plain and Mississippi Delta and cypress swamps of Florida. This habitat is present onsile, but no individua1s were observed on the properties. Changes in this property will have no effect on this species. Cuban-/snowy plover, Charadrius a/exandrinus: Prefers dry, sandy beaches, where they nest in shallow depressions, usually near some vegetation or debris. TIlls habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Piping ploverlCharadrius me/odus: Prefers open, sandy beaches and on tidal mudflats and sandfIats along lhe coasts. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Kirtland's warbler IDendroica kirllandii: Nests in nearly homogeneous stands of usually 30 ha or more of dense scrubby jack pine. Florida maybe a migration slop between Michigan and the Bahamas. Individuals may flay straight through. This habital is nol presenl onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. YahI Mulching PIO: 00341920409; Collier Co. Protected Species Report 12.29.2006 Page 3 APPENDIX B Little blue heron/Egretta caerulea: Feeds in shallow freshwater, brackish, and saltwater habitats. Nesting colonies usually occur in coastal areas, but prefers foraging in freshwater lakes, marshes, swamps, and streams. Nests in a variety of woody vegetation types, including cypress, willow, maple, black mangrove, and cabbage palm. Usually breeds in mixed-species colonies in flooded vegetation or on islands. Nesting habitat is presenl onsite, but no other nesting of other wading bird species has been observed. No individuals or nests were observed on 1he properties. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in a preserve area. This improvement in habitat conditions may encourage use. Reddish egretlEgrei/a ruJescens: Typically prefers coastal mangrove islands, or in Brazilian pepper on manmade dredge spoil islands, near suitable foraging habitat Generally forages in shallow water of variable salinity. Broad, open, marine tidal flats and shorelines with little vegetation are ideal feeding areas. Also important are salt evaporation pools and lagoons, often located inside mangrove keys or just inside shoreline 00 mainland TIris habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Snowy egretlEgretta thula: Nests both inland and in coastal wetlands with nests placed in many types of woody shrubs, especially mangroves and willows; usually over shallow waters. Almost all nesling is over shallow waters or on islands lhat are separated from shoreline by extensive open water. Feeds in many types of permanently and seasonally flooded wetlands, streams, lakes, and swamps, and in manmade impoundments and dilches. Breeding success is lied to waler- level fluctuations. Preferred nesting habitat is not present onsite. There are no permanently inundated areas on site. Seasonally flooded areas are very short in duration. No individuals or nesting were observed on the properties. Changes in this property will have no effect on this species. It is planned to rehydrale approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Tricolored heron/Egrella tricolor. Most nesting colonies occur on mangrove islands or in willow thickets in fresh water, but nesting sites include other woody thickets on islands or over standing water. Prefers coastal environments. Feeds in a variety of permanently and seasonally flooded wetlands, mangrove swamps, tidal creeks, ditches, and edges of ponds and lakes. Preferred nesting and feeding habitat is not presenl onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. While ibis/Eudocimus albus: Found in a wide variety of habitats, including freshwater and brackish marshes, salt flats and salt marsh meadows, many types of forested wetlands, wet prairies, swales, seasoually inundated fields, and man- made ditches. The forested wetland habitat is present onsite and targeted to be preserved and enhanced No individuals or nests were observed in the property. Changes in this property will have no e!fecl on this species. It is planned 10 rehydrate approximately 12 acres of forested wetlands in the preserve area. TIris improvement in habitat conditions may encourage use. Peregrine falcon/Falco peregrinus: The Peregrine Falcon frequents open areas like marsbes, fields, swamps, and tidal areas. Since its reintroduction into the eastem United States, however, the Peregrine Falcon has colonized many urban areas because of increased nesting sites (and nesting ledges being created on buildings). TIris species is considered 10 be recovered and is waiting for delisting. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Southeaslern American kestrel/Falco 'parverius paulus: Found in open pine habitats, woodland edges, prairies, and pastures throughout much of Florida. Nesl sites are tall dead trees or utility poles generally with an unobstrucled view of surroundings. Kestrels are not known to nest in Collier County. Most individuals are migrants from the north. No individuals or nests were observed on the properties. Changes in this property will have little to no effect on this species. Florida sandhill crane/Gn" canadensis pra/ensis: Habitat: Prairies, freshwaler marshes, and pasture lands. Avoids forests and deep marshes but uses transition zones and edges between these and prairies or pasture lands. TIris habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Yahl Mulching PlD,00341920409; Collier Co. Protected Species Report 12.29.2006 l'llge4 APPENDIX B American oystercatchedHaematopus polliales: Habitat: Coastal waters. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Bald eagleJHaliaeetus leucocephalus: According to the FWC eagle website, only I nest is within I mile of this projecl A map of this nest location is presented in Figure 5. The location of this nest was field verified and it is active. It is approximately 4,270 feet fonn the project. It is within the South Belle Meade Boundary, but it is in private ownership. FWC records indicate that it has been active since the year 2000. The YaW Recycling project has been in operation prior to 2000. Highway 1-75 is also between the YaW project and the designaled eagles nesl The proposed project is not in the primary zone, but it is in the se<:ondary zone. No individuals or nests were observed on or utilizing the property. The distance of the nests from the project, coupled with the fact that activily fonn I -75 has not presented any problems indicates that proposed changes in this property will have little to no effect on this species. On a larger scale the FWS has started the process to delist the Bald Eagle. Wood stork/Mycleria Americana: Nests colonially in a variely of inundated forested wetlands, including cypress strands and domes, mixed hardwood swamps, sloughs, and mangroves. Forages in ~ 15 inches of surface water. Tlr: preferred nesting habitat is present onsite, but the surface water does not get very deep on the property during the year due to the impacts of road building changing the hydrology. No individuals or nests were observed on the properties. Changes in this property will have no effect on this species. It is pl3IU1ed to rehydrate approximalely 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Brown pelicanlPelecanus occidentalis: Habitat: Mainly coastal, feeding in shallow estuarine waters, and (less often) far offshore. . This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effecl on this species. Red-cockaded woodpeckedPicoides borealis: Habitat: Inhabits open, mature pine woodlands that have a diversily of grass, forb, and shrub species. Prefers mature slash pine trees that are generally larger than 12 inches in diameter, a wide spacing of trees, no subcanopy and relatively dry conditions. Tlr: preferred habitat is not present onsite. No individuals were observed on the property. All trees were inspected for nest cavities or start holes and none were found. Changes in this property will have no effect on this species. Roseate spoonbilVPlatalea ajaja (Ajaia ajaja): Habitat: Primarily nests in mixed-species colonies on coastal mangrove islands or in Brazilian pepper on man-made dredge spoil islands near suitable foraging habitat. Does feed in forested wetland habitats with slow moving waler. Although foresled wetland type habitat present, hydrology has been so impacted it is very low quality. No individuals or indications of this species were observed on the properties. Changes in this property will have no effect on this species. It is pl3IU1ed to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Crested caracara/Polyboros plancus audubonii (Caracara cheriway): Open country, including dry prairie and pasture lands with cabbage pahn, cabbage palm/live oak hammocks, and shallow ponds and sloughs. Preferred nest trees are cabbage pahns, followed by live ooks. This habitat is nol present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Everglades snail kite/Rostrhamus sociabilis plumbeus: Habitat: Large open freshwater marshes and lakes with shallow water. This habitat is nol present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Black skimmed Rynchops niger: Habitat Coastal waters, including beaches, bays, estuaries, sandbars, tidal creeks (foraging), and also inland walers oflarge lakes, phosphate pits, and flooded agricultural fields. This habitat is not present onsite and no individuals were observed 00 the properties. Changes in lhis property will have no effect on this species. Least tern/Sterna anlillarom: Habitat Coastal areas throughout Florida, including beaches, lagoons, bays and estuaries. Increasingly use artificial nesting sites, including gravel rooftops, dredge spoil islands or other dredged YahI Mulching PID: 0034) 920409; Collier Co. Protected Species Report 12.29.200. Page 5 APPENDIX B material deposits, construction sites, causeways, and mining lands. This habitat is not presenl onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Roseate lem/Sterna dougal/i (Sterna dougaJlii dougaJlii): Habitat: Nest sites include bare limestone, sbell-sand beaches, newly deposited rock and marl fill, dredge material, and heaps of broken coral deposited by stonns. This habitat is nol present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Bachman's warbler/Vermivora bachmanii: Historic records indicate the Bachman's warbler nested in low, wet forested areas containing variable amounts of water, but usually with some water that was permanent. This species is considered extinct in Florida. This preferred habitat is not present onsite and uo individuals were observed on the properties. Changes in this property will have no effect on this species. Smalltooth sawfish! Prislis peclinata: Habitat: Shallow coastal, estuarine, and fresh waters; often in brackish water near river mouths and large embayments, in deeper holes on bottoms of mud or muddy sand This habitat is nol present onsite and no individuals were observed on the properties. Changes in this property will bave no effect on this species. Rivulus (mangrove riwlus)/Rivu/us marmora/us: Habitat: coastal, appe"" to prefer red mangrove (Rhizophora mangle). lbis habitat is not present onsite and no individuals were observed on the properties. Olanges in this property will have no effect on lhis species. Sei wbalelBa/aenoplera borealis: Habitat: Pelagic, marine. Generally, in deep water; along edge of continental shelf and in open ocean. This habitat is nol present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Fin whale (finback whale)/Ba/aenop/era physa/us: Habitat: Pelagic, marine. Usually found in largest numbers 25 miles or more from shore. Ths habitat is nol present onsite and no individuals were observed on the properties. Olanges in this property will have no effect on Ibis species North At1antic right whalelEuba/aena glacio/is (Balaena g/acialis [inel. ausrra/is)): Habitat: Inhabits near shore and offshore walers. Mainly coastal in the North Atlantic. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species Florida mastiffbatJEumops g/aucinusfloridanus: Habitat: Roosts in palms and hollow trees and in buildings. Forages high in air over naturat as well as human-altered landscapes. Minimal preferred roosting habitat is present onsite. No individuals were observed on the properties or surrounding areas dwing surveys. Changes in this property will have no effect on this species. Hwnpback whale/Megaplera novaeangliae: Habitat: Pelagic and coastal waters, sometimes frequenting inshore areas such as bays. Ths habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effecl on this species. Caribbean monk seallMonachus tropicalis: Habitat: Marine areas. Shallow lagoons and reefs, sandy beaches, and permanent islets or beaches above high tide. Mainly west coast of Florida and Caribbean. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Everglades mink/Musle/a vison everg/adensis: Habitat: A variety of wetland corrununities, including salt marsh, freshwater marsh, cypress swamp, and hardwood swamp. There is very little of the preferred habitat is onsile. However, no individuals were observed or, indicators of the presence was noted on the property. Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres offorested wetland. in the preserve area. This improvement in habitat conditions may encourage use. V.hl Mulching PID: 00341920409; Collier Co. Protected Species Report 12.29.2006 Page 6 Sperm wbale/PhyseJer macrocephalus: Habitat: Pelagic, prefers deep water, somelimes around islands or in shallow shelf waters. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. APPENDIX B Florida panther/Puma (Fe/is) concolor coryi: Habitat: Requires extensive blocks of mostly forested conununities. The FWC panther telemetry database form 1981-2005 indicates no utifuation of this property. The forested "'hitat panthers utilize is present onsite. No individuals or indicators were observed on the property. Planned changes in this property will have no effect on this species. However, this property is considered 10 be Figure 6 shows the location of the property within the areas considered to be Primary or Secondary Panther Habitat Zoues. This project is within the zooe considered 10 he a Primary Habitat Zone. Proposed changes to the property are expected to have little to no effect on this species. A more detailed discussion concerning this species is in the Proposed Mitigation section of accompanying this report. Big Cypress fox squirrellSciurus niger avicennia: Habitat: Sandhills (high pine), pine f)atwoods, and pastures and other open, rudeml habitats with scattered pines and oaks. Depends on a variety of oak trees for seasonal food and nest material. Longleaf pine cones and seeds are important foods. This habitat type is present onsite, but very rew oak trees. No individuals were observed on the properties. Changes in this property will have no effect on this species. FloridalWest Indian rnanatee/Trichechus manalus la/iros/ris (Trichechus mana/us): Habitat: Coastal waters, bays, rivers, and (occasionally) lakes. Requires warm-water refugia such as springs or cooling effiuenl dmiog cold weather. Sheltered coves are important for feeding, resting, and calving. This habitat is not present oosite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Florida black bear/Ursus americanusfloridanus: Habitat: A wide variety offorested communities is needed to support the varied seasonal diet of black bears. Forested wetlands are particularly important for diurnal cover. This habitat is present onsite. No individuals or indices were observed on the properties. Changes in this property will have no effect on this species. American alligator/Alliga/or mississippiensis: Habitat: Most permanent bodies of fresh water, including marshes, swamps, lakes, and rivers. Occasionally wanders into brackish and salt water but rarely remains there. Protected classification is primarily due to similarity of appearance with the American Crocodile. This Species is considered recovered in Florida. Habitat is not present onsite. No individuals were observed on the properties. Changes in this property will have no effect on this species. Loggerhead seaturtle/CareUa caretta: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have DO effect on this species. Green seaturtle//Chelonia mydas: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is nol present onsite and no individuals were observed on the properties. Changes in this property will have no effecl on this species. American crocodile//Crocodylus acutus: Habitat: Coastal estuarine marshes, tidal sWll1llps, and creeks along edges of mainland and islands. Usually associated with mangroves. Nests on beaches, stream banks, and levees. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Leatherback seaturtle/Dermochelys coriaua: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Eastern indigo snake//Drymarchon corais couperi: Habitat: Broad range of habitats, from scrub and sandhill to wet prairies and mangrove swamps. In northem part of range, often winters in gopher tortoise burrows in sandy uplands bul Yahl Mulching PID, 00341920409; Collier Co. Protected Species Report 12.29.2006 Page? APPENDIX B forages in more hydric habitats. This habitat is nol present onsile and no individuals were observed on the property. Also, no gopher tortoise burrows were discovered. Changes in this property will have no effect on this species. Hawksbill seaturtle/lEretmochelys imbricota: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. TIris habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Gopher tJJrtoise/Gopherus polyphemus: Habitat: Typically fOlmd in dry upland habitats, including sandhills, scrub, xeric oak hammock, and dry pine flatwoods; also conunonly uses disturbed habitats such as pastures, old fields, and road shoulders. Typical habitat not present onsile. No burrows or individuals observed on site. Changes in this property will have no effecl on this species. Kemp's ridley seaturtlellLepidochelys kempi/: Habitat: Marine coaslal and oceanic waters; nest on coastal sand beaches. This habitat is nol present onsite and no individuals were observed on the properties. Changes in this property will have no effecl on this species. Florida tree snaiJ/ILiguus fasciatus: Habitat: Tropical hardwood hammock (rockland hammock). This species prefers smooth-barked trees. TIris habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have 00 effecl on this species Milkpea, Small'sllGalactia smalli: Habitat: The results of a study of the abundance, distribution, and habitat preferences of Galactia species appears to be in Miami-Dade County pine. This species may occur in the extreme SE comer of Collier County with similar habitat characteristics. This habitat is nol present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species CONCLUSIONS The majority ofhabital on site is 624 pine, cypress, palm. This habitat type appears to be the result of hydrology impacts over a long period of time, which dried the area out and allowed slash pine 10 invade in cypress transilion areas iu the dry years. There was no indication of utilization of the 6.37 acres of 624 to be cleared by prolected species. The approximate I 1.73 acres that will be preserved and to be rehydrated has a great potential to improve the conditions of the area and increase wildlife utilization. Creation of the preservation area also insures that there will be a connection to the 1-75 drainage for a "community flow way" to the north of this project In addilon, the preserve area will be prolecled by a permanent conservation easement with the SFWMD. Overall, changes in this property will have little 10 no effect on protected species delected. Implementation of the preserve area, enhancement and rehydration of it will increase wildlife utilization and habitat quality on the property, especially for wetland oriented species; and provide a permanent flow way for the mtural flow of water form the north. Ylhl Mulching PlD; 00341920409; Collier Co. Protected Species Report 12.29.2006 Page 8 APPENDIX B REFERENCES Ashton, R. E., Jr., and P. S. Ashton. 1988a. Handbook of reptiles and amplubians of Florida, part 3: The amphibians. Windward Publ., Inc., Miami, Florida. _' 1988b. Handbook of reptiles and amphibians of Florida, part I: The snakes, 2nd ed. Windward Publ., Inc., Miami, Florida. _' 1991. Handbook of reptiles and amphibians of Florida, part 2: Lizards, turtles & crocodilians, 2nd ed. Windward Publ., Inc., Miami, Florida. Barbour, D. B., and S. R. Humphrey. 1982. Status and habitat of the Key Largo woodral and cotton mouse (Neotoma floridana srnaIIi and Peromyscus gossypinus allapaticola). J Marnmal. 63:144-148. Barnwell, M. E., P. A. Meylan, and T. Walsh. 1997. The spotted turtle (C1emmys guttata) in central Florida. Chelonian Cons. BioI. 2:405-408. Bartlett, R. D., and P. P. Bartlett. 1999. A field guide to Florida reptiles and amphibians. GulfPubl. Co., Houston, Texas. Bemer, L., and M. L. Pescador. 1988. The mayflies of Florida. Univ. Presses of Florida, Gainesville. Birkenholz, D. E. 1963. A study of the life history and ecology of the round-tailed muskrat (Neofiber alieni). &olog. Monogr. 33:225-280. Bortone, S. A. 1989. Notropis melanostomus, a new species ofcyprinid fish from the Blackwater-Yellow River drainage of northwest Florida. Copeia 3:737-74I.story, habitat assessment, and systematics of the blackmouth shiner (Notropis sp.), Blackwaler River drainage. Final Rep. Nongame Wildl. Prog., Florida Game and Fresh Water Fish Comm., Tallahassee. Bouchard, R. W. 1978. Taxonomy, ecology and phylogeny of the subgenus Depressicambarus, with the description of a new species from Florida and redescriptions of Cambarus graysoni, Cambarus latimanus, and Cambarus striatus (Decapods: Cambaridae). Bull. Alabama Mus. Nat. Hist 3:27.60. Bowen, P. J. 2000. Demographic, distnbution, and metapopulation analyses of the burrowing owl (Athene cunicu1aria) in Florida. M.S. thesis, Univ. Central Florida, Orlando. Brady, J. T., T. H. Kunz, M. D. Tuttle, and D. E. Wilson. 1982. Gray bat recovery plan. U.S. Fish Wildl. Serv., Denver, Colorado. Brim Box, J., and J. D. Williams. 2000. Unionid mollusks of the Apalachicola Basin in Alabama, Florida, and Georgia. Bull. Alabama Mus. Nat. Hisl. 21 :1-143. Brody, R. W. 1990. Status of habilat and populations of Procambarus pictus in the North Fork of Black Creek, Clay County, Florida. St. Johns River Water Management District, Palatka, Florida. Brown, L. N. 1997. A guide to lhe manunals oflbe southeastern United Stales. Univ. Tennessee Press, Knoxville. Brown, W. S. 1993. Biology, status, and management of the timber rattlesnake (Crotalus horridus): a guide for conservation. Soc. Stud. Amplub. Rept. Herp. Circ. 22. Carle, F. L., and M. L. May. 1987. Gomphus (Phanogomphus) westfalli spec. novo from the Gulf coast of Florida (Anisoptera: Gomphidae). Odonatologica 16:67- 75. Chace, F. A, Jr. 1954. Two subterranean shrimps (Decapoda: Caridea) from Florida and the West Indies, with a revised key to the American species. 1. Washington Acad. SCL 44:318-324. Chafin, L. 2000. Field guide to the rare plants of Florida. Florida Natural Areas Invenlory, Tallahassee. Chase, C. A., and J. A. Gore. 1989. Snowy plover breeding distribution. Unpubl. final rept., Florida Fish and WildI.Conserv. Comm., Tallahassee. Choate, P. M. 1984. A new species ofCicindela Linnaeus (Coleoptera: Cicindelidae) from Florida, and elevation ofC. abdominalis scabrosa Schaupp to species level. Entomol. News 95:73-82. Conant, R., and J. T. Collins. 1991. A field guide 10 reptiles and amplubians: eastern and central North America, 3rd ed. Houghton Mifflin, Boston. Cox, J., D. Inkley, and R. Kautz. 1987. Ecology and habitat protection needs of gopher tortoise (Gopherus polyphemus) populations found on lands slated for large-scale development in Florida. Nongame Wildlife Prog. Tech. Rep. no. 4, Florida Game and Fresh Water Fish Comm., Tallahassee. Crance, J. H. 1986. Habitat suitability index models and instream flow suitability curves: shortnose sturgeon. U. S. Fish Wildl. Servo BioI. Rep. 82(10.129). Deitz, D. c., and T. C. Hines. 1980. A1ligalor nesting in north-central Florida. Copeia 1980:249-258. Delany, M. F., and C. L. Abercrombie. 1986. American alligator food habits in north-central Florida. J. Wildl. Manag. 50:348-353. YaW Mulching PID: 00341920-409; CollicrCo. Protected Species Report 12.29.2006 Page 9 APPENDIX B Delany, M. F., P.B. Walsh, B. Pranty, and D.W. Perkins. 1999. A previously unknown population of Florida grasshopper sparrow on Avon Park Air Force Range. Florida Field Nat. 27(2):52-56. Deymp, M., and R Franz (eds.). 1994. Rare and endangered biota of Florida, vol. N: Invertebrales. Univ. Press of Florida, Gainesville. Dodd, C. K., Jr. 1988. Synopsis of the biological data on the loggemead sea turtle Caretta carella (Linnaeus 1758). U.S. Fish Wildl. Servo BioI. Rep.88(14). Duggins, C. F., Jr., A. A. Karlin, K. Relyea, and R. W. Yerger. 1986. Systematics of the key silveISide, Menidia conchorurn, with comments on other Menidia species (pisces: Atherinidae). Tulane Stud. Zool. Bot. 25(2):133- 150. Dunkle, S. W. 1989. Dragonflies of the Florida Peninsula, Bermuda and the Bahamas. Scientific PublisheIS, Gainesville, Florida. _.2000. Dragonflies through binoculars: A field guide to the dragonflies of North America. Oxford Univ. Press, New York. Dunn, J. [999. National Geographic Society field guide to the birds of North America. 3rd ed. National Geographic Soc., Washington, D.C. Emmel, T. C., and M. C. Minno. 1988. Habitat requirements and status of the endemic Schaus swallowtail in the F[orida Keys. Final report, Florida Game and Fresh Water Fish Comm., Tal1ahassee. Enge, K. M., M. M. Bentzien, and F. Percival. 1986. Florida scrub lizard stalus survey. Tech. Rept. No. 26 to U.S. Fish Wi[dl. Serv., Jacksonville End. Sp. Office, Florida. Emsl, C. H., and R. W. Barbour. 1989, Snakes of eastern North America. George Mason Univ. Press, Fairfax, Virginia. Ernst, C. H., J. E. Lovich, and R. W. Barbour. 1994. Turtles of the United Stales and Canada. Smithsonian Inst. Press, Washington, D.C. Ewert, M. A., and D. R. Jackson. 1994. Nesting ecology of the aUigator snapping turtle (Macroclernys temminckii) along the lower Apalachicola River, Florida. Final Rep. NG89-020, Nongame Wildlife Prog. Florida Game and Fresh Water Fish Conun., Tallahassee. Fil7patrick, J. W., G. E. Woolfendell, and M. T. Kopeny. 1991. Ecology and development-related habitat requirements of the Florida scrub jay (Aphelocoma coemlescens coerulescens). Nongame Wildlife Prog. Tech. Rep. no. 8, Florida Game and Fresh Water Fish Comm., Tallahassee. Florida Fish & Wildlife Conservation Commission. 2003. Managemenl Plan Red-Cockaded Woodpecker Picoides borealis. Tallahassee, F1. 18 pp. Florida Fish & Wildlife Conservation Commission. 2003, October 8. Florida's Waterbird Colony Locator. http://www.myfwc.comlwaders. Florida Fish & Wildlife Conservation Commission. 2006. Eagle nest locator. http://wld.fwc.state.f1.usleagle/eaglenests. Florida Natural Areas Inventory. 1990. Guide to the natural communilies of Florida. Florida Natural Areas lnvenlory and Florida Dept. Natural Resources, Tallahassee. Franz, R 1986. The Florida gopher frog and the Florida pine snake as burrow associates of the gopher tortoise in northern Florida. pp. 16-20 in D. R. Jackson and R 1. Bryant (eds.). The gopher tortoise and its community. Proc. 5 th Ann. Mtg. Gopher Tortoise Council, Gainesville, Florida. Franz, R., and L. M. Franz. 1919. Distribution, habitat preference and stalus of populations of the B[ack Creek crayfish, Procambarus (Ortmannicus) pictus (Decapoda: Cambaridae). Florida Sci. 42:13-11. Franz, R, and L. L. Smith. 1999. Distribution and stalus of the striped newt and Florida gopher frog in peninsular Florida. Final Rep. Florida Fish and Wildl. Cons. Corom., Tallahassee. Gaby, R., M. P. McMahon, F. 1. Mazzetti, W. N. Gillies, and J. R Wilcox. 1985. Ecology and slalus ofa population of Crocodylus acutus (Reptilia: Crocodilidae) at a power plant site in Florida. J. Herpetol. [9:189-198. Georgia Department of Natural Resources. 1999. Protected animals of Georgia. Nongame - Endangered Wildlife Program, Wildlife Res. Div., Georgia Dept. Nat. Res., Social Circle. Gilbert, C. R. (ed.). 1918. Rare and endangered biota of Florida, vol. 4: Fishes. Univ. Presses of Florida, Gainesville. _(ed.). [992. Rare and endangered biota of Florida, vol. II: Fishes. Univ. Press of Florida, Gainesville. Glassberg, 1., M. C. Minno, and J. V. Calhoun. 2000. Butterflies through binoculars: a field, finding, and gardening guide to butterflies in Florida. Oxford Univ. Press, New York. Gordon, M. E., and W. R. Hoeh. 1993. Anodonta heardi,a new species of freshwater mussel (Bivalvia:Unionidae) from the Apalachicola River system of the southeastern United States. Walkerana 7:265-213. Gore, J. A., and M. J. Kinnison. 1991. Halching success in roof and ground colonies ofleasl terns. The Condor 93:159- 162. YahlMulchmg PID:00341920409; Collier Co. Protected Species Report 12.29.2006 Page 10 APPENDIX B GuiJlory, V. 1979. Lake Eustis pupfish investigations. Florida Game and Fresh Water Fish Commission 1977-1979 Final Report: Study I-N. TaJlahassee. Guillory, V., and W. E. Johnson. 1986. Habita~ conservation status, and zoogeogI1lphy of the cyprinodont fish, Cyprinodon variegatus hubbsi (Carr). The Southwestern Nat. 31(1):95-100. HaJl, E. R 1981. Mannnals of North America. 2 nd ed. John Wiley and Sons, New York. Harvey, M. 1. 1992. Bats of the eastern United States. Arkansas Game and Fish Corom., Little Rock. Hersh, S.L. 1981. Ecology of the Key Largo woodIat (Neostoma floridana smalli). J. Manunal. 62:201-206. Hipes, D., D. R Jackson, K. NeSmith, D. Printiss and K. Brandt. 2001. Field guide to the rare animals of Florida. Florida Natural Areas Inventory, Tal1ahassee. Hirth, H. F. 1971. Synopsis of the biological data on the green turtle Chelonia mydas (Linnaeus) 1758. FAO Fish. Synopsis 85. Hobbs, H. H., Jr. 1942. The crayfishes of Florida. Univ. Florida Publ., BioI. Sci. Ser. 3(2):1-179. Hoehn, T. S. 1998. Rare and imperiled fish species of Florida: a watershed perspective. Office Envir. Serv., Florida Game and Fresh Water Fish Corom., TaJlahassee. Hovis, J. A., and M. S. Robson. 1989. Breeding status and distribution of the least tem in the Florida Keys. Florida Field Nat 17(3):61-66. Humphrey, S. R. (ed.). 1992. Rare and endangered biota of Florida, vol. I: Mannnals. Univ. Press of Florida, Gainesville Hwnpbrey, S. R. 1988. Density estimates of the endangered Key Largo woodrat and cotton mouse (Neotoma floridana smaJli and Peromyscus gossypinus allapaticola) using the nested-grid approach. J. Mammal. 69(3):524-531. Hwnphrey, S. R, and H. W. Setzer. 1989. GeogI1lphic variation and taxonomic revision of mink (Mustela vison) in Florida. 1. Mammal. 17:382-392. Hurst, H. N., G. Bass, and C. Hubbs. 1975. The biology of the Guadalupe, Suwannee, and redeye basses. Pp. 47-53 in R. H. Stroud and H. Clepper (ells.). Black bass biology and management. Sport Fishing Institute,Washington, D.C. Jackson, D. R., and R. Franz. 1999. Swvey for lhe fire-back crayfish in lhe Apalachicola ravine system, northern Florida. Final report to The Nature Conservancy. Florida Natural Areas Inventory, Tallahassee. Jackson, D. R., and E. G. Milstrey. 1989. The fauna of gopher tortoise burrows. pp. 86-98 in 1. E. Diemer, D. R. Jackson, J. L. Landers, J. N. Layne, and D. A. Wood, eds. Gopher Tortoise Relocation Symposiwn Proceedings. Nongame Wildl. Program Tech. Rep. no. 5. Florida Game and Fresh Water Fish Corom., Tallahassee. Jackson, D. R, and R. N. Walker. 1997. Reproduction in the Suwannee cooter, Pseudemys concinoa suwanniensis. Bull. Florida Mus. Nat. Hist. 41:69-167. Jackson, J. F. 1973. Distnbution and population phenetics of the Florida scrub lizard, Sceloporus woodi. Copeia 1973:746-761. Jackson, 1. F., and S. R Telford. 1974. Reproductive ecology of the Florida scrub lizard, Sceloporus woodi. Copeia 1974:689-694. James, F. C. 1991. Signs of trouble in the largesl remaining population ofred-cockaded woodpeckers. Auk 108:419- 423. Johnson, S. A. 2001. Autecology of the striped newt (Notophthalmus perstriatus): life-history, upland-habitat use, paedomorphosis, and conservation genetics. Ph.D. diss., Univ. Florida, Gainesville. Kale, H. W., II. (ed.). 1978. Rare and endangered biota of Florida. Vol. 2. Birds. Univ. Presses of Florida, Gainesville. Kale, H. W., II., B. Pranty, B. Stith, and W_ Biggs. 1992. An atlas of Florida's breeding birds. Final Rep. Nongame Wildlife Prog., Florida Game and Fresh Water Fish Corom., Ta1lahassee. Keppner, E. 1., and L. A. Keppner. 2000. A preliminary search for the Panama City crayfish, Procambarus (Leconticambarus) econfinae, Hobbs, 1942, in Bay County, Florida. Report 10 U.S. Fish Wildl. Serv., Panama City, Florida. Knisley, C. B., and 1. M. Hill. 1994. Studies of the Florida Highlands tiger beetle, Cicindela highlandeusis: distribution, abundance, habitat characteristics and biology. Report to U_S. Fish Wildl. Serv., Jacksonville, Florida. _' 1996. The Florida Highlands tiger heetle, Cicindela highlandensis: habitat requirements, remaining range, life history, and management. Final Rep. Florida Nongame Wildlife Prog. NG91-012, Florida Game and Fresh Water Fish Comm., Tallahassee. Kulhavey, D. L., R. G. Hooper, and R Costa (eds.). 1995. Red-cockaded woodpecker: recovery, ecology, and management. Center for Applied Studies in Forests, College of Forestry, Stephen F. Anslin State Univ., Nacogdoches, Texas. Yahl Mulching PID: 00341920409; Collier Co. Protected Species Report 12.29.2006 Page II APPENDIX B Kushlan, J. A. 1974. Observations on the role of the American alligator (Alligatormississippiensis) in the southern Florida wetlands. Copeia 1974:993-996. ~ and F. J. Mazzotti. 1989. Population biology of the American crocodile. J. Herpetol. 23:7-21. 1.azell, J. D., Jr. 1989. Wildlife of the Florida Keys: a natural history. Island Press, Washington, D.C. Layne, 1. N. 1990. The Florida mouse. pp. 1-21 in C. K. Dodd, Jr., R. E. Ashton, Jr., R. Franz, and E. Wester (eds.). Burrow Associates of the Gopher Tortoise. Proc. 8 th Ann. Mtg. Gopher Tortoise Council. Florida Mus. Nat. His!., Gainesville. Loftin, R. W. 1992. Use of nest boxes by the Florida kestrel. Florida Field Nat. 20(3):57-64. McMillian, M. 200 1. Florida Important Bird Areas Program. site nomination fann -Lake Islokpoga, Audubon of Florida, Tampa Bay Sanctuaries. McNair, D. B., and 1. A. Gore. 1999. Recent breeding status of royal and sandwich terns in northwest Florida. Florida Field Nat. 27(3):117-120. Maehr, D. S. 1987. Florida panther movements, social organization, and habitat utilization. &1-11 annual performance report. Florida Fish and Wildl. Cons. Cornm., Tallahassee. Martin, W. H., and D. B. Means. 1998. Distribution and habilal relationships of the eastern diamondback rattlesnake (Crotalus adamanteus). Herpetological Nat. Hist. 7:9-34. Means, D. B. 1975. Competitive exclusion along a habital gradient between two species of sa1amanders (Desmognathus) in western Florida. J. Biogeog. 2:253- 263. Means, D. B., and A. A. Karlan. 1989. A new species of Desmognathus frorn the eastern Gulf Coastal Plain. Herpetologica 45:37-46. Means, D. B., and C. J. Longden. 1970. Observations on the occurrence of Desmognathus monticola in Florida. Herpelologica 26:396-399. _' 1976. Aspects of the biology and zoogeograpby of the pine barrens treefrog, Hyla andersonii, in northern Florida. Herpetologica 32: 117-130. Means, D. B., and P. E. Moler. 1979. The pine barrens treefrog: fire, seepage bogs, and management implications. pp. 77-83 in R. R. Odorn and 1.. Landers (eds.). Proc. rare and endangered wildlife symposium. Georgia Dept. Nat. Res., Game and Fish Div. Tech. Bull. WIA. Meylan, A. B. 1999. Status of the hawksbill turtle (Erebnochelys irnbricata) in the Caribbean region. Chelonian Cons. BioI. 3:177-184. _, and M. Donnelly. 1999. Status justificalion for listing the hawksbill turtle (Eretrnochelys imbricata) as Critically Endangered on the 1996 illCN Red Lisl of Threatened Animals. Chelonian Cons. BioI. 3:200-224. Mettee, M. F., P. E. O'Neil, and 1. M. Pierson. 1996. Fishes of Alabama and the Mobile Basin. Oxmoor House, Inc., Birmingham, Alabama. Minno, M. C., and D. Pierce. 1999. Florida butterfly gardening: A complete guide to atlnlcting, identifying, and enjoying butterflies of the lower south. Univ. Press of Florida, Gainesville. Mitchell, 1. C. 1977. Geographic variation of Elaphe guttata (Reptilia: Serpentes) in the Atlantic coastal plain. Copeia 1977:33-41. Moler, P. E. 1981. Notes on Hyla andersonii in Florida and Alabama. J. Herpetol. 15:441-444. _' 1985. A new species of frog (Ranidae: Rana) from northwestern Florida. Copeia 1985:379-383. _(ed.). 1992. Rare and endangered biota of Florida, vol. III: Amphibians and reptiles. Univ. Press of Florida, Gainesville. _' 1996. Alligator snapping turtle: distribution and relative abundance. Final report 7544. Florida Game and Fresh Water Fish Cormn., Tallahassee. Mount, R. H. 1975. The reptiles and amphibians of Alabama. Auburn Univ. Agric. Exp. Station, Auburn, Alabama. Myers, R. 1.., and J. J. Ewel (eds.) 1990. Ecosystems of Florida. Univ. Central Florida Press, Orlando. NatureServe. 2006. NatureServe Explorer: An online encyclopedia of life [web application]. Version 5.0. NatureServe, Arlington, Virginia. http://www.natureserve.orglexplorer. Neill, W. T. 1971. The last of the ruling reptiles: alligators, crocodiles, and their kin. Columbia Univ. Press, New York. Page, 1.. M., and B. M Burr. 1998. A field guide to freshwater fishes: North America north of Mexico, 2nd ed. Houghton Mifilin, Boston. Paul, R. T. 1991. Status report - Egretta rufescens (Gmelin) reddish egret. U.S. Fish Wildl. Serv., Houston, Texas. ~ and A. F. Sclmapf. 2000. Florida Important Bird Areas Program, site nomina-tion fonn. Passage Key National Wildlife Refuge, Audubon of Florida, Tampa Bay Sanctuaries. Pennak, R. W. 1978. Fresh-water invertebrates of the United States. 2nd ed. John Wiley and Sons, New York. Yahl Mulching PID: 00341920409: Collier Co. Protected Species Report 12.29.2006 Page 12 APPENDIX 8 Peterson, R.T. 1998. Peterson field guide to eastern birds. 4th ed. Houghton Miff1in, Boston. Petranka, 1. W. 1998. Salamanders of the United States and Canada. Smithsonian Inst. Press, Washington, D.C. Pilsbry, H. A. 1946. Land Mollusca of North America, Vol. 2, part t. Monograph of the Academy of Natural Sciences, Philadelphia. Pimm, S. (ed). 2000. The 2000 Cape Sable sparrow annual report. Accessed 2001 May 8. Poole, A., and F. Gill (eels.). 1992-2000. The birds of North America. The Academy of Natural Sciences, Philadelphia, and The American Ornithologists' Union, Washington, D.C. Post, W., and J. S. Greenlaw. 2000. The present and future ofIhe Cape Sable seaside sparrow. Florida Field Nat. 28(3);93-11 O. Pranty, B. 1996. A birder's guide to Florida. American Birding Association, Inc., Colorado Springs, Colorado. Printiss, D. J., and D. L. Hipes. 1999. Rllre amphibian and reptile survey of Eglin Air Force Base, Florida. Final report to U.S. Dept. of Defense. Florida Natural Areas Inventory, Tallahassee. Pritchard, P. C. H. 1989. The alligator snapping turtle: biology and conservation. Milwaukee Publ. Mus., Milwaukee, Wisconsin. Quay, T. L., J. B. Funderburg, Jr., D. S. Lee, E. F. Polter, and C. S. Robbins (eds.). 1983. The seaside sparrow, its biology and management. Occ. Papers, North arolina BioI. Surv. North Carolina State Mus. Nat. Hist., Raleigh. Relyea, K., and B. Sulton. 1975. A new troglobitic crayfish ofIhe genus Procarnbarus from Florida. (Decapoda: Aslacidae). Tulane Stud. Zool. Bot. 19(1-2):8-16. Rice, D. W. 1957. Life history and ecology of My otis austroriparius in Florida. 1. Mammal. 38:15-32. Robbins, C. S., B. Bruun, and H. S. Zim. 200t. Birds of North America: a guide to field identification. St. Martin's Press, New York. Rodgers, 1. A., and H. T. Smith. 1995. Sel-back distances to prolect nesling bird colonies from human disturbance in Florida. Conserv. BioI. 9:89-99. Rodgers, 1. A., Jr., H. W. Kale II, and H. T. SmiIh (eds.). 1996. Rare and endangered biota of Florida, vol. V: Birds. Univ. Press of Florida, Gainesville. Robertson, W. B., Jr., and G. E. Woolfenden. 1992. Florida bird species: an annotated list. Florida Ornithol. Soc. Spec. Pub. no. 6: ix + 260. Roosenburg, W. M. 2000. Impact of a bycatch reduction device on diamondback terrapin and blue crab capture in crab pots. Ecol. Applic. 10:882-889. Ross, 1. P., S. Beavers, D. Mundell, and M. Airth-Kinrlree. 1989. The slatus of Kemp's ridley. Center Marine Conserv., Washinglon, D.C. Runde, D., J. Gore, J. Hovis, M. Robson, and P. Southall. 1991. Florida BUas of breeding siles for herons and Iheir allies: updale 1986 - 1989. Nongame Wildlife Program Tech. Rep. no. 10. Florida Game and Fresh Water Fish Comm., Tallahassee. Semlitsch, R. D. 1983. Structure and dynamics of two breeding populations of Ihe easlem tiger salamander, Ambystoma tigrinum. Copeia 1983:608-616. Shealy, R. M. 1976. The natural history of Ihe Alabama map turtle, Graptemys pulchra Baur, in Alabama. Bull. Florida State Mus., BioI. ScL 21:47-11. Shriver, G. W., P. D. Vickery, and S. A. Hedges. 1996. Effects of summer bums on Florida grasshopper sparrows. Florida Field Nat. 24(3):68-73. Sibley, D. A. 2000. The Sibley guide 10 birds. Alfred A. Knopf, New York. Spotila,1. R., A. E. Dunham, A. 1. Leslie, A. C. Steyennark, P. T. Plotkin, and F. V. Paladino. 1996. Worldwide population decline of Dermochelys coriacea: are leaIherback turtles going extinct? Chelonian Cons. BioI. 2:209-222. Sprandel, G. L., J. A. Gore, and D. T. Cobb. 1997. Winler shorebird survey. Florida Game and Fresh Water Fish Comm. Final Perf. Rep. Tallahassee. Stevenson, H. M. 1970. Occurrence ofIhe carpenter frog in Florida. Quart. 1. Florida Acad. Sci. 32:233-235. _, and B. H. Anderson. 1994. The birdlife of Florida. Univ. Press of Florida, Gainesville. Stys, B. 1993. Ecology and habitat prolection needs of the southeastern American kestrel (Falco sparverius paulus) on large-scale development sites in Florida. Nongame Wildl. Prog. Tech. Rep. no. 13. Florida Game and Fresh Water Fish Comrn., Tallahassee. Telford, S. R. 1959. A study ofIhe sand skink, Neoseps reynoldsL Copeia 1959:100- 119. Tenant, A 1997. A field guide to snakes of Florida. GulfPubl. Co., Houston, Texas. Yahl Mulching PID: 00341920409; Collier Co. Protected Species Report 12.29,2006 Page 13 APPENDIX B Tinunennan, w. W. 1989. Home range, habitat use and behavior of the eastern diamondback rattlesnake. M. S. thesis, Univ. Florida, Gainesville. Thaxton, J. E., and T. M. Hingtgen. 1996. Effects of suburbanization and habitat fragmentation on Florida scrub-jay dispersal. Florida Field Nat 24(2):25-37. Toland, B. I 999a. Nesting success and productivity of Florida sandhill cranes on natural and developed sites in southeastern Florida. Florida Field Nat. 27(1):10- 13. _' 1999b. Nest site characteristics, breeding phenology, and nesting success of American oystercatchers in Indian River County, Florida. Florida Field Nat. 27(3):112-116. Tuberville, T D., J. R. Bodie, 1. B. Jensen, L. LaClaire, and 1. W. Gibbons. 2000. Apparent decline of the southern hog- nosed snake, Heterodon simus. 1. Elisha Mitchell Soc. 116: 19-40. U.S. Fish and Wildlife SeIVice. 1982. Stock Island tree snail recovery plan. U.S. Fish Wild\. SeIV., Atlanta, Georgia. _' 1984. American crocodile recovery plan (revised). U.S. Fish Wild\. SeIV., Atlanta, Georgia. _' 1987. Endangered and threatened wildlife and plants; proposed threatened status for two Florida lizards. Fed. Reg. 52(13):2242-2246. _' 1998a. Endangered and threatened wildlife and plants; 90-day finding for a petition to delist the Squirrel Chimney cave shrimp. Fed. Reg. 63:67618-67619. _' 1998b. Endangered and threatened wildlife and plants; detennination of endangered status for five freshwater mussels and threatened status for two freshwater mussels from the eastern Gulf Slope drainages of Alabama, Florida, and Georgia. Fed. Reg. 63(50):12664-12687. _._' 1998c. Oka100sa darter (Etheostoma okaloosae) recovery plan (revised). U.S. Fish Wildl. SeIV. Atlanta, Georgia. _' 1999. Endangered and threatened wildlife and plants; final rule to list the flatwoods salamander as a threalened species. Fed. Reg. 64:15691-15704. _' 1999. South Florida Multi-Species Recovery Plan U.S. Fish Wildl. Serv., Atlanta, Georgia. 2172 pp. _' 2000. Candidate and listing priority assignment fonn: Cicindela highlandensis. _.2006. U.S. Fish & Wildlife Service The Endangered Species Program [web application]. US Fish & Wildlife Service. Washington, D.C. http://www.fws.gov/endangered U.S. Fish and Wildlife Service and Gulf States Marine Fisheries Commission. 1995.GulfSturgeon Recovery Plan. Atlanta, Georgia. Walls, J. G. 1976. Fishes of the northern Gulf of Mexico. T. F. H. Publications, Inc., Ltd., Hong Kong. Whitaker, J. 0.1996. National Audubon Society field guide to North American mammals. Alfred A. Knopf, New York Williams, J. D., and G. H. Burgess. 1999. A new species of bass, Micropterus cataractae (Teleostei: Centrarchidae), from the Apalachicola River basin in Alabama, Florida, and Georgia. Bull. Florida Mus. Nat Hist. 42(2):81- 114. Witzel!, W. N. 1983. Synopsis of the biological data on the hawksbill turtle Eretmochelys imbricata (Linnaeus, 1766). FAO Fish. Synopsis 137. Wood, P. B., M. L. Hoflinan, M. W. Collopy, and J. M. Schaefer. 1988. Southeastern American kestrel (Falco sparverius paulus) natural history, life requirements, and habitat protection guidelines. Final report to Office of Envir. Services, Florida Game and Fresh Water Fish Comm., Tallahassee. Woods, C. A., W. Post, and C. W. Kilpatrick. 1982. Microtus pennsylvanicus (Rodentia; Muridae) in Florida: a Pleistocene relict in a coastal saltma"h. Bull. Florida State Mus. BioI. Sci. 28:25-52. Wooley, C. M., and E. J. Crateau. 1985. Movement, microhabitat, exploitation, and management of Gulf of Mexico sturgeon, Apalachicola River, Florida. North American J. Fisheries Manag. 5:590-605. Wunderlin, R.P. 1998. Guide 10 the vascular plants of Florida. UnivClSity Presses of Florida, Gainesville, Florida Zambrano, R., M. S. Robson, D. Y. Chametzky, and H. T. Smith. 1997. Distribution and status ofleast tern nesting colonies in southeast Florida. Florida Field Nat. 25(3):85-91. Zambrano, R., R., H. T. Smith, and M. Robson. 2000. Summary of breeding roseate terns in the Florida Keys: 1974- 1998. Florida Field Nat. 28(2):64-68. PROJECT LOCATIOIAPPENDIX B 5 , o 5 10 15 Miles , PROJECT: Y AHL MULCHING EXPANSION WASHBURN AVE, NAPLES, FL FIgure 1. Project Location Map In Collier County; UPDATED 12.29.06 Ramsey Inc. Environmental Consulting Yahl Mulching Expansion Parcel, 2250 Washburn Ave., 2831 4th St. Sec. 31, Twn 49, Rge 27, totaling approximately 28.8 acres. Naples, FL 34120 239.58...1660 N W+E APPENDIX B H~c ~J:c N W.E S ID II AC FLUCFCS I 11 U174tl::Bj.;t mjS~~::.,ce a p..... I ~I ~!. · .lI''=:' 11 U IU 4 ~ ~Dr_~~m ~~ ~Tif,'rrow JIlt U l' Iffi' fir~B~rn:~ I=~ TOTAL ACRES 28.8 PRO~ECT: Y AHL MULCHING EXPANSION WASHBURN AVE NAPLES FL 100 , o 100 200 Feet Figure 2. FLUCFCSI Vegetation Map; UPDATED 12.29.06 Ramsey Inc. Environmental Consulting 2631 4th St. NW Naple!, FL 34120 239.5.....1660 Vahl MJllchinR.Exll8nalll.n PlP'eel 2250 W..hbqm AVfI. sec. 31, Twn"1J9, Kge 27, totallnll approxlJnetaly 28.aile,... PROTECTED SPECIES LISTED BY FwcAPPENDIX B FOR COLLIER CO. C...ON ...... .CIIINTJrlC MAD .....MAT.. nATVI a... .... .... .... - AMPHIBIANS """'''''' "RDS Florid&5CIllbity Umpldn floridabl.zrTmwin&owl jyOl)'-btlledWllOdpcdtcr CllbIn./.-.yp1over ~pIovef KlrtlDJ4',warbkr Iillkbll.lChm:lll ,-.- AlCllW)'epcl .;coIorcdhcTon whiltibis paqrinc I'akon Soulbc:utemAmc:riClllkatrel rkridaArldh111allll: AlllcricItI oystUWcher boId_ """'- btownpelic:an rtd~dwoodpc:ckCJ rosetlcspoonbtlJ "-'~. 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Environmental Consulting 26314'" St NW Naples, FL 34120 239.564.1660 CONSERVATION/PRIAPPENDIX B AREA MAP I~c .. Conservation/Preserve Area 11.73 Acres N PROJECT: YAHL MULCHING EXPANSION W*E WASHBURN AVE NAPLES FL s gure 4. Conservation/Preserve Area Map; UPDATED 12.29.06 Ramsey Inc. Environmental Consulting 2631 4th at. NW l:~~ rf.I~~lklXll:ns;r. fo~cf ~50 ~r.::~~:A~hcres. ~:l\r:'\.~'&6g4120 II, ~I'~D ~~GE NESr LOCA'AP~ENDIIX 18 - . NESTLO A T10N ~ -, - ~ $S it 1 -----,.= ~ -11 ~ ~ ~ ~~~WL:);;/);1r: ~ , ~~~ 2"0;0/:'" /,.X;; / / ~ / /. / / / /V~ j //// v, '// r.// ///, /, / '/ /, / 7: ~///V, %~~/v/'//~// /, //// / //~ ./'////~~ ~~ n/r//'l,/ '/'/ " ~~/j'V/~ ~ :jfff~'; ,;/~/ ,; 0~ , v,, ~ ~~///070~ '/j // // v/ 'i:~ ~ ~~~;~ ~./ C1 ~~~ t/YvJV V0~ jl) / / ~ v:: 'i: ~r>> -n~:, ~~l:1/,r/// '/~~r;;/;rij~~~~~~ ~//;;:;~t 'l:00?~fP' "/ '// '// '/ - ~::~ %~0////: ~~~;i;}~~~~~ ~~//;j,NA/~~ //y <<'/<< "n'/ '/ ~ :~~/~// ~ ~;v~m~~~~0~ /~ /, // / '/00 ~'i;~~0~ ~ ~/ /j ~//IV/t 'l//0 '/ 'i/v), :/'~<<~0 /0 /vv/<< '// / ',,{ /. 0 '////////'////////////(,/ N PROJECT: Y AHL MULCHING EXPANSION W*E WASHBURN AVE. NAPLES. FL : Figure 5. Bald Eagle Location Map; UPDATED 12.29.06 Ramsey Inc. Environmental Consulting 2831 4th 8t. NW I:hl rf.l~n\~ll:nsjr. P~el 2250 Wr.::h~mAv" Nl'l.IH4."L 34120 c. , n I ge I to In& approx ma y . Iacr.... 23 .56 1660 PANTHER PRIMARY/SEAPPENDIX B HABITAT MAP ~ / PANTHER \ CONSULTATION LINE i\iiV"'A~ARY . PRIMARY D HABITAT 400 0 400 800 Feet , N PROJECT: YAHL MULCHING EXPANSION w~. WASHBURN AVE NAPLES FL T Ramsey Inc. Figure 6. Panther Primary/Secondary Habitat Map; UPDATED 12.29.06 environmental Consulting 2631 4th St. NW I:~! r.r,I~~'I~r;~r.lo~r..', ~~o~r.::n~:A~hcre.. ~1.~l4.~"l4120 APPEAPPENDIX B FLORIDA'S ENDANGERED SPECIES, THREATENED SPECIES, AND SPECIES OF SPECIAL CONCERN June 2006 FLORIDA FISH AND WILDLIFE CONSERV A nON COMMISSION APPEAPPENDIX B CONTENTS PREFACE.......................................................................................................................... ii NUMERICAL SUMMARY OF SPECIES LISTED BY THE STATE OF FLORIDA AS ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN ....1 OFFICIAL LISTS ....................................................................................................... 1 FISH ............................................................................................................................... 2 AMPHIBIANS...............................................................................................................2 REPTILES ... .................................... ............................ ................ .................................. 2 BIRDS .......................................................... .................................................................. 3 MAMMALS...................................................................................................................4 INVERTEBRATES ......................................................................................................6 CORALS ....................................................................................................................6 CRUSTACEANS.......................................................................................................6 INSECTS ..................................... ..... ........ ........................................ ... ...................... 6 MOLLUSKS ..............................................................................................................6 KEY TO ABBREVIATIONS AND NOTATIONS........................................................ 7 APPEAPPENDIX B PREFACE This document consolidates the official state of Florida list of endangered species, threatened species, and species of special concern. The Florida Fish and Wildlife Conservation Commission (FWC) mainlains the state list of animals designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, respectively, Florida Administrative Code (FAC.) http://fac_dos.state.fI.us/. The state lists of plants, which are designated endangered, threatened, and commercially exploited, are administered and maintained by the Florida Department of Agriculture and Consumer Services (DOACS) via Chapter 5B-40, FAC. This list of plants can be obtained at htto://www.fl- dof.com/forest manalZementlolant conserve Iist.html. The federal agencies that share the authority to list species as Endangered and Threatened are the National Oceanic and Atmospheric Administration-National Marine Fisheries Service (NOAA-NMFS) and U. S. Fish and Wildlife Service (USFWS). The NOAA-NMFS is responsible for listing most marine species. The federal list of animals and plants is administered by the USFWS, and this list is published in 50 CFR 17 (animals) and 50 CFR 23 (plants). Additional infonnation regarding federal listings can be located at the following websites; NOAA-NMFS htto:/Iwww.nmfs.noaa.l!ov and USFWS - http://endanl!ered.fws.lZov/wildlife.html#Soecies. Please note thaI while the FWC has published a consolidated list of state and federally listed species in the past, we now only publish a list of species listed within the state of Florida. This list will be maintained and available at our agency website: htto://www.mvfwc.com. Lists of federally listed species can still be viewed at the USFWS and NOAA-NMFS websites mentioned above. It is our inlenl by providing the list in this manner that we will be able to maintain a current list that is more readily available 10 the public. I would like to thank the following people who assisted in revising this list; Tom Logan, Jeff Gore, Paul Vincent, Paul Moler, George Wallace, Jim Rodgers, Karl Miller, Ted Hoehn, Darrell Scovell, Gray Bass, Kelly Donnelly, Elsa Haubold, Kipp Frohlich, Bill Brooks and the USFWS staff. Special appreciation is expressed to Ms. Angela T. Williams, Ms. Christine Yannett and Ms. Kat Diersen for their assistance with preparation of this document. . Common and scientllic names listed first are as they appear in the FWC "Florida Wildlife Code Tille 68A" (F.A.C). Common andlor scientific names following this and located within parentheses () contain names as used by USFWS, or other commonly used names. 1. Daniel Sullivan Jr. Endangered Species Coordinator Species Conservation Planning Seclion Cover Photos by FWC Staff: Key Largo Woodrat, Burrowing Owls, Okaloosa Darter, Schaus' swallowtail butterfly, Short-tailed Snake. ii APPEAPPENDIX B NUMERICAL SUMMARY OF SPECIES LISTED BY THE STATE OF FLORIDA AS ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN STATUS DESIGNATION FISH AMPHIBIANS REPTILES BIRDS MAMMALS INVERTEBRATES TOTAL E 3 0 6 8 20 4 41 T 2 0 10 10 4 0 26 sse 10 5 8 18 6 4 51 TOTAL 15 5 24 36 30 8 118 APPEAPPENDIX B OFFICIAL LISTS Common Name Scientific Name Status FISH Atlantic sturgeon Acipenser oxyrinchus SSC (I) (Gulf stun/eon) (Acioenser oxvrinchus desoloz1 shortnose stunzeon Acioenser brevirostrum E shoal bass Micropterus cataractae sse (1,2) Suwannee bass MicroPterus notius sse (I) rivulus Rivulus marmoratus sse (I) (mangrove rivulus) Lake Eustis ouofish Cvprinodon varieJ!atus hubbsi sse (I) blackmouth shiner Notropis melanostomus E bluenose shiner Pteronotropis welaka sse (1,2) saltmarsh toominnow Fundulus ienkinsi sse (I) kev silverside Menidia conchorum T crystal darter Crvstallaria asprella T harlequin darter Etheostoma histrio sse (I) okaloosa darter Etheos/oma okalossae E Southern tessellated darter E/heos/oma olms/edt sse (I) (tessellated iohnny darter) macula/iceps -- key blenny S/arksia starcki sse (1) - AMPHIBIANS flatwoods salamander Ambvstoma cin$!Ulatum sse Geonlia blind salamander Haideotriton wallacei sse (1,2) pine barrens treefrog Hyla andersonii sse (I) Florida bog frog Rana okaloosae sse (2) gopher frog Rana capito sse (I 2) REPTILES American alligator Alligator mississippiensis sse (1,3) American crocodile Crocodvlus acu/us E key ringneck snake Diadophis punc/atus acricus T Eastern indigo snake Drymarchon corais couperi T red rat snake Elaphe gultata SSel(l) Atlantic salt marsh water snake Nerodia clarkii /aeniala T (Atlantic salt marsh snakel_ .-. 2 Common Name sCientificNa~PPEAPPENDIX B Florida pine snake Pituophis melanoleueus sse (2) mu!!itus short-tailed snake Stilosoma extenuatum T Florida brown snake Storeria dekayi vieta T1 rim rock crowned snake Tantilla oolitiea T Florida ribbon snake Thamnophis sauritus saekeni T] bluetail mole skink Eumeees ewe!!ius lividus T Florida Kev mole skink Eumeees eweJ!ius eweJ!ius sse (1) sand skink NeoseDs revnoldsi T gopher tortoise Gooherus oolvohemus sse (1,2,3) Barbour's map turtle Gramemvs barbouri sse (1,2) allil1:ator snapping turtle Maeroclemvs temminekii sse (j) striped mud turtle Kinosternon baurii E1 _n__" -- Suwannee cooter Pseudemys eoncinna SSC (1,2) suwanniensis loggerhead seaturtle Caretta earetta T (Iogj1;erhead sea turtle) green seaturtle Chelonia mydas E (green sea lurtle) leatherback seaturtle Dermoehelys eoriaeea E (leatherback sea turtle) hawksbill seaturtle Eretmoehelys imbricata E (hawksbill sea turtle) Kemp's ridley seaturtle Lepidoehelys kempii E (Kemp's ridlev sea turtle) BIRDS pioiDlZ plover Charadrius melodus T snowy plover Charadrius alexandrinus T (Cuban snowv plover) American ovstercatcher HaematoDus oalliatus sse (J 2) brown pelican Peleeanus oecidentalis SSC (1) black skimmer RvnchoDs ni!!er sse (1) least tern Sterna antillarum T roseale tern Sterna dougalli T (Sterna dou!!allii dou!!allill limpkin Aramus l!Uarauna SSC ()) reddish egret - .-- Evretta rufeseens sse (I 4) snowy egret Evretta thula sse ()) little blue heron Evretta eaerulea sse (I 4) tricolored heron Evretta tricolor sse (J 4) 3 Common Name SCientifiCNa~PPEAPPENDIX B white ibis Eudocimus albus sse (2) Florida sandhill crane Grus canadensis oratensis T whoooinl! crane Grus americana sse (5) wood stork Mvcteria americana E roseate spoonbill Platalea ajaja sse (1,4) burrowing owl Athene cunicularia sse (I) (Florida burrowinl!: owl) (Athene cuniculariafloridana) crested caracara Caracara chertway T (Audubon's crested earaeara) (Polvborus olancus audubonil1 perel!rine falcon Fa/co oerel!1"inus E Southeastern American kestrel Falco soarverius oaulus T bald eagle Haliaeetus leucocephalus T osprey Pandion haliaetus sse2 (1,2) -- ~-" snail kite Rostrhamus sociabilis E (Everl!lades snail kite) plumbeus Florida scrub iav Aohelocoma coerulescens T Cape Sable seaside sparrow Ammodramus maritimus E mirabilis Florida grasshopper sparrow Ammodramus savannarum E floridanus Scott's seaside sparrow Ammodramus maritimus SSC (1) peninsulae Wakulla seaside sparrow Ammodramus maritimus SSC (I) juncicolus white-crowned pil!eon Columba leucoceohala T Kirtland's warbler Dendroica /drtlandii E Bachman's warbler Vermivora bachmanii E ivory-billed woodpecker Campeohilus orincioalis E red-cockaded woodpecker Picoides borealis sse Marian's marsh wren Cistothorus oalustris marianae sse (I) Worthington's marsh wren Cistothorus palustris l!1"iseus sse (I) MAMMALS Florida panther Pwna concolor coryi E (Pwna [=Felisl concolor COryi) Florida black bear Ursus americanus floridanus T3 Everglades mink Mus/ela vison everJ!ladensis T key deer Odocoileu~ virginianus E elavium 4 APPEAPPENDIX 8 Common Name Scientific Name Status Lower Kevs marsh rabbit Svlvilarms Dalustris hemeri E Bil> Cvnress fox SQuirrel Sciurus nil!er avicennia T Sherman's fox SQuirrel Sciurus nil!er shermani SSC 0,2) Eastern chiomunk Tamias striaOO SSC (]) Sanibel Island rice rat Orvzomvs Dalustris sanibeli SSC 0,2) silver rice rat Oryzomys argentatus E (rice rat, lower FL Kevs) i (Orvzomvs Da/ustris natator) Kev Larl>o woodrat Neotoma floridana smaW E Key Largo Cotton Mouse Peromyscus gassy pinus E a/laDaticola Choctawhatchee beach mouse Peromyscus polionotus E a/lovhl1's Southeastern beach mouse Peromyscus polionotus T niveiventris Anastasia Island beach mouse Peromyscus polionooo E Dhasma St. Andrews beach mouse Peromyscus polionotus E veninsularis Perdido Key beach mouse Peromyscus polionotus E trissvlleDsis Florida mouse Podomvs floridanus SSC (]) Florida mastiff bat Eumovs l!/aucinus7iOridanus E grav bat Mvotis l!7isescens E Indiana bat Mvotis sodalis E Florida saltmarsh vole Microtus pennsylvanicus E (Florida salt marsh vole) dukecampbe/li Sherman's short-tailed shrew Blarina carolonensis SSC (2) I=brevicaudal shermani Homosassa shrew Sorex lonl!irostris eionis SSC (2) sei whale Balaenontera borealis E fin whale Ba/aenoptera physa/us E (finback whale) North Atlantic right whale Eubalaena glae/alis E (right whale) (Ba/aena glacialis line/. australis n humnback whale Meflavtera novaeanl!liae E soerm whale Phvseter maeroeenha/us E Caribbean monk seal Monaehus troDicalis Florida manatee Tricheehus manatus /atirostris E (West Indian manatee) (Trichechus manatus) 5 Common Name SCientificNa~PPEAPPENDIX B INVERTEBRATES CORALS pillar coral Dendrovvra cvlindrus E CRUSTACEANS Panama eity crayfish Procambarus econjinae sse (I) (econfina crayfish) sims sink crayfish Proeambarus erylhrops sse (1) (Santa Fe cave crayfish) black creek cravfish Procambarus nielus sse (J) INSECTS Miami blue butterfly eyclargus [=Hermiargus] E Ihomasi belhunebakeri Schaus' swallowtail butterfly Heraclides arislodemus E Doneeanus MOLLUSKS J'lorida tree snail Livuus7aseiatus sse (J) Stock Island tree snail Orlhalicus reses E Orthalicus reses [nol ine/. nesodrvas 1 6 APPEAPPENDIX B KEY TO ABBREVIATIONS AND NOTATlUNS List Abbreviations Fwe = E= T= SSC= Florida Fish and Wildlife eonservation Commission Endangered Threatened Species of Special eoncem Reasons for SSC listings prior to January I, 200] are indicated by the number in parenthesis under the following criteria: (I) has a significant vulnerability to habitat modification, environmental alteration, human disturbance, or human exploitation which, in the foreseeable future, may result in its becoming a threatened species unless appropriate protective or management techniques are initiated or maintained; (2) may already meet certain criteria for designation as a threatened species but for which conclusive data are limited or lacking; (3) may occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree; (4) has not sufficiently recovered from past population depletion, and (5) occurs as a population either intentionally introduced or being experimentally managed to attain specific objectives, and the species of special concern prohibitions in Rule 68A-27.002, F.A.C., shall not apply to species so designated, provided that the intentional killing, attempting to kill, possession or sale of such species is prohibited. (FWC) I Lower keys population only. Monroe County population only. Other than those found in Baker and Columbia Counties or in Apalachicola National Forest. 7 USFWS 11rreatened and Endangered Species System (TESS) ,f ........ -. I U.S. Fish & Wildlife Service USFWS Threatened and Endangered Species System (TESS) APPIAPPENDIX B I 6E55 Contact EC05 Notes: . This report shows the species listed in this stale according 10 Ihe Federal Register IIs//ng description. . This list does not include experimental populations and similarity of appearance listings. . This list includes species or populations under the sole jurisdiction of the National Marine Fisheries Service. . Click on Ihe highlighted scientific names below to view a Species Profile for each listing. Florida listed species (based on published population data) ..112 listings 5latus Spoc/eslLlsllng Name ""'*NOTE: Jbe lJI'Hn'" f1IIfft Is IIsred 2 timts under I .nImIIs. So the mull number listed Js. 56 AnImIIs 0 .nd111 TolllL Animals - 57 T Bankclimber, purple (mussel) (Elliptoideus sloalianus) E Bat. gray (Myolis grisescens) E BeeUe, American burying (Mcrophorus americanus) E Bulterfly, Schaus swallowteil (Heraclides aris/odemus ponceanus) T Caracara. Audubon's crested FL pop. (PoIy/loru. p/ancus audubonil) E Crocodile, American (Crocodyfus aculus) E Curlew, Eskimo (Numenius borealis) E Dartar, Okaloosa (Elheostoma okalDOsaa) E Deer, key (Odocoileus virginJanus clavium) T Eagle. bald lower 48 Stetes (Haliaee/us Ieucocephalus) T Jay, Florida scrub (Aphelocoma caeru/escens) E Kite, Everglade snail FL pop. (Rostrhamus sociabllis plumbeus) E Manatee, West Indian (Trichechus mBnatus) E Moccasinshell, Gulf (Medionidus pen/ell/atus) E Moccasinshell, Ochlockonee {Medionidus simpsonianus} E Mouse, Anastasia Island beach (Peromyscu6 polionotus phasma) E Mouse, Choctawhatchee beach (Peromyscus poJionotus a/lophrys) E Mouse, Key Largo cotton (peromyscus gossypinus atlapatico/a) http://ecos.fws.gov/tessyubliclStateListing.do?state=FL&status=Iisted USFWS Threatened and Endangered Species System (TESS) APPIAPPENDIX B E Mouse, Perdido Key beach (peromyscus po/ionolus tlissyllepsis) T Mouse, southeastern beach (peromyscus poJionotus niveiventris) E Mouse, 81. Andrew beach (Peromyscus poHonotus peninsularis) E Panther, Florida (Puma (=Felis) concolor COtyl) E Pigtoe, oval (Pleurobema pyriforme) T Plover, piping except Great lakes watershed (Charadrius melodus) E Pocketbook, shinyrayed (Lamps/lis subangulata) E Rabbit, Lower Keys marsh (SylvUagus palustris helneri) E Rice rat lower Fl Keys (Oryzomys palustris nmaior) T Salamander, flatwoods (Ambystoma cingulatum) E Sawfish, smalllooth (Plistis pectinala) E Sea turtle, green FL, Mexico nesting pops. (Chelonia mydas) T Sea IUrlle, green except where endangered (Chelonia myrtas) E Sea lurlle, hawksblll (Eretmochelys imbricata) E Sealurtle, Kemp's ridley (Lepidoche/ys kempit) E Sea lurtle, leatherback (Dermochelys coriaC8s) T Saa lurtle, loggerhaad (Carelta caretta) E Seal, Caribbean monk (Monachus lropicalis) T Shrimp, Squirrel Chimney Cave {Palsemonetss cumming~ T Skink, bJuetail mole (Eumeces egregius I;vidus) T Skink, sand (Neosaps reynolds~ T Slabshell, Chlpola (BliptlO chipo/aensis) T Snail, Stock Island trae (Orthalicus reses (not incl. nesodryas)) T Snake, Allantic selt marsh (Nerodia cJarkii taeniata) T Snake, easlern indigo (Drymarchon corais coupen) E Sparrow, Cape Sable seaside (Ammodramus maritimus mirabilis) E Sparrow, Florida grasshopper (Ammodramus SBvannsrum florldanus) E Stork, wood AL, FL, GA, SC (Myel.lia americana) T Sturgeon, gulf (Acipenser oxyrinchus desotoi) E Sturgeon, shortnose (Acipenser brevirostrum) T Tern, roseate Western Hemisphere except NE U.S. (Sterna dougall;; dougatlll) http://ecos.fWs.gov/tess.J)ublic/StateListing,do ?state=FL&status=Iisted USFWS Threatened and Endangered Species System (TESS) APPIAPPENDIX B E Three-ridge, fat (mussel) (Ambfema neisJerii) E Vole, Florida salt marsh (Microtus pennsylvanicus dul<ecampbe/Jij E Whale, finback (Sa/aanop/ara physalus) E Whale, humpback (Megaptera novaeangliae) E Whale, right (Balaena g/acislis (incl, auslraNs)) E Wolf, gray lower 48 Slales, excapt MN and where XN: Mexico (Canis lupus) E Woodpecker, red-eockaded (Picoides borealis) E Woodral. Key Largo (Neotoma fIoridana smalll) Plants - 55 Status Spec;esILlstlng Name E Aster, Florida golden (Chrysopsis IIoridana) E Baargrsss, Britton's (NoUns brfttoniana) E Beauty, Harper's (HarpemcaJlis naval E Bellflower, Brooksvilte (Campanula robinslae) T Birds-in-a-nest. white (Macbridea alba) E Blazingstar, scrub (Liams ohling9l8e) T Bonamia, Florida (Sonamla grand/flora) T Buckwheat, scrub (Eriogonum ion9ifoliUm var, gnaphaUloIium) T BuUerwort, Godfrey's (Pinguicula ionantha) E Cactus, Key tree (Pilosocereus roblnil) E Campion, fringed (Silene polype/aia) E Chaffseed. American (Schwalbea amer;cana) E Cledonia, Florida perforate (C/adonia perlora/a) E Fringe-tree, pygmy (Chionanthus pygma8us) T Gooseberry, Miccosukee (Ribas ecllinsllum) E Gourd, Okeechobee (Cucurbits okeechobeensis ssp. okeechobeensis) E Harebells. Avon Park (Crotalalia avonens;s) E Hypericum, highlands scrub (Hypericum cumulicoJB) E Jacquemontia, beach (Jacquemontia reclinata) E Lead~plant, Crenulate (Amorpha crenu/ata) http://ecos.fws,gov/tess-pubIic/StateListing,do?state=FL&status=listed USFWS 11rreatened and Endangered Species System (TESS) APPIAPPENDIX B E Lupine. scrub (Lupinus arldorum) E Meadowrue, Cooley's (ThaUctrum cooley!) E Milkpea, Small's (Ga/aClla smallil) E Mint, Garrett's (Oicerandra chrlstmanli) E Mint, lakela's (Dlcerandra immaculstB) E Mint, longspurred (Dicerandra comutiss/ma) E Mint, scrub (DJcerandra frutescens) E Mustard, Carters (Warea carteri) E Pawpaw, beautiful (Deeringothamnus pulchellus) E Pawpaw, four.petal (Asim/na tetramera) E Pawpaw, Rugel's (Deeringothamnus ruga/;l) T Pigeon wings (CUlana (ragrans) E Pinkroot, gentian (Spigelia gentianoldes) E Plum, scrub (P"mus geniculate) E Poiygala, Lewton's (Polygafa Jewtonii) E Polygala, tiny (PoIYflBla smalli.) E Pond berry (Lindera meNssilo/Ia) E Prickly.apple, fragrant (Cereus eriopl1orus var. fragrans) E Rhododendron, Chapman (Rhododendron chapmanii) E Rosemary, Apelachicola (Conradina glabra) E Rosemary, Etonia (Conradina etonla) E Rosemary, short-leaved (Conradina brev/folia) E Sandlace (Polygonena myriophyl/a) T Seagrass. Johnson's (Ha/ophi/a Johnson/.) T Skullcap, Florida (Scutellaria fIor/dane) E Snakeroot (Eryngiurn cuneifolium) E Spurge, deltoid (Chamaesyce deltoide8 ssp. deltoidea) T Spurge, Garber's (Chamaesyce garben1 T Spurge, telephus (Euphorbiarefephioides) E Torreya, Florida (Torroya taxlfoUa) E Warea, wide~leaf (Wares ampJexifo/ia) http://ecos,fws,gov/tess_public/StateListing.do ?state=FL&status=listed USFWS Threatened and Endangered Species System CrESS) APPIAPPENOIX B E Water-willow, Cooley's (Justicia cooleyn T Whitlow-wort, papery (Paronychia charlacea) E Wireweed (PoJygonella bssiramia) E Ziziphus, Florida (Ziziphus eelsta) TE55 I ECOS I USFW5 Home I Privacy http://ecos.fws.gov/tessyublic/StateListing.do?state=FL&status=listed E<:ological, Environmental, Agricultural Land Management, Penultl AP PEN D I X C ENVIRONMENTAL CONSULTING Ra. Inc. L E-mail: R.amsey.lnc@embarqrnai1.com Office: 239.564,1660, Fax: 866,334,1496 263t 4~ Sl NW, Naptes, FL 34120 www.ramseyinc.net ~-- - --;;-- .,..~-- -~~- - ~- . LEP - Licensed Environmental Professional CWB - Certified Wildlife Biologist CFEA .. Certified Florida Environmental Assessor REPA - Registered Environmental Property Assessor CEHP .. Certified Environmental Health Professional OSHA 5 - Hazardous Materials Incident Conunander PROTECTED SPECIES WILDLIFE SURVEY REPORT -FALL 2007 PROJECT: YAHLMULCIllNGSDPAAR 7633 DATE: 01.30.08 BY: Michael R, Ramsey Ramsey Inc, Owner: Fillmore LLC (Yahl Mulching) County: Collier City: Naples Size: 28.8 acres Legal Descriptions: PID 00341920409 2250 Washbum Ave; the SW \4 or the SW 1,4 Section 31; Township 49, Range 27 INTRODUCTION The applicant Yahl Mulching has applied to the Collier Co, Government, the South Florida Water Management District (SFWMD) and US Army Corps of Engineers (USACOE) to expand its existing operation of mulching and recycling of vegetative material in Collier Co. (Figure I), The following protected species/wildlife survey report was done to meet the submission requirements for each agency, This report evaluates if the above described project property is utilized by any protected species listed by the Florida Fish and Wildlife Conservation Commission (FWC) and the US Fish and Wildlife Service (FWS), A protected species/wildlife evaluation for this property was conducted in 2000 and 2006, this report follows up on those 2 previous reports, METHODS First, the project properties were surveyed and a map prepared of tbe habitat types on site, Second, the official lists of protected species were obtained from each of the agencies (FWC & FWS), The FWC list all species classified as protected by the state of Florida government. The FWS list all species that are classified as protected in the state of Florida by !be United States government. Third, each species on each list was researched as to county of occurrence and required habitat in the literature. Last, all species that were indicated as being found in Collier Co, and having a habitat type that occnrred On the project properties were searched for by surveys on !be project properties, RESULTS Survev Dates. This property was initially evaluated for the presence of protected species in 2000, Collier Co, Government Natural Resources Division concluded there was no issue with protected species on this site and issued approval to move ahead with a site development plan in the Conditional Use Permit proceedings, The area was resurveyed in 2006 for the presence of protected species for the SFWMD and USACOE. The SFWMD found no issues with protected species and issued their permit #11.02649-P on 15 March 2007, The USACOE is still evaluating their permit application at this time, The project properties were visited on: October 14 - December 30 in the year 2000; and resurveyed on the dates: 091]5,09/23,09/30, 10/05, 10/12, 11/05, 11/26, 12/09 and ]2/17 in 2006. For this evaluation the properties were visited on 09/23-24, 09/29. 10/06, 10/20, 10/28, 11/11 and 11/13 in 2007. Surveys were done in the morning (AM) 2-3 hours after sunrise and in the evening (PM) 2-3 hours before sunset. Survey routes are shown in Figure 2, Yahl Mulching SOPA AR 7633 PAlL 2007 Protected Species Report 30 January 2008 Page 2 APPENDIX C Habitat. The Florida Land Use, Cover and Forms Classification System (FLUCFCS) was utilized to produce the habitat maps for the project properties, The habitat or FLUCFCS maps are depicted in Figure 2 for the Yahl Mulching project. Table I below indicates the acres for each habitat type. Table 1. FLUCFCS acres for the YahI Mulching and Recycling property. ID# Acres FLUCCS# Habitat Tvoe ] 2,6 III Single Family Residence 2 3.2 152 Timber Processing 3 0.5 624n43 Pine/CypresslPalmlspoil piles 4 1.6 621 Cypress 5 7.0 624 PinelCypresslPalm 6 0,8 624/8] 46 Pine/CypresslPalm impacted by road clearing 7 1.1 624 PinelCypresslPalm 8 0.3 434 Hardwood Conifer 9 4,7 624 Pine/CypresslPalm 10 3.4 624n42 Pine/CypressIPalm impacted by borrow pit excavation ]] 2.4 621 Cypress 12 0,5 8145 Oraded/Drained Road 13 0.7 8145 Oraded/Drained Road The YahI property has been impacted by road construction on the north, south and west sides of the property, This construction has effectively cut off sheet flow across the property, except for unusually high rainfall events, Impacted hydrology appears to be the cause of the pine trees being present with present in cypress transition areas in the 624 habitats, It is also the reason for the heavy melaleuca infestation in the 624 areas to be preserved. This area has been slowly drying out over time. In the site development plan the applicant will be impacting 6.37 acres of wetlands at the northwest comer of the property (adjacent to the road, Figure 3) and preserve approximately 11.73 acres to the south of the operations area that will be rehydrated and enhanced (Figure 3). Rehydration is anticipated to greatly improve the vegetative conditions and make it more attractive to wetland wildlife, StatelFederal Protected Soecies Listed, The FWC list was published in November 2007 and lists 118 animals as protected in the State of Florida and is attached as Appendix A, Based on general habitat requirements, historic distributions and actual sightings, the FWC lists 52 animal species that may occur in Collier County, There are 51 species that are vertebrates and I invertebrate, The 52 species are listed in Figure 4, The FWS list is updated daily on their website, The January 2008 list totals 112 animal and plant species as protected in the State of Florida and is attached as Appendix B, Based on general habitat requirements, historic distributions and actual sightings, the FWS lists 26 species (26 animals and no plants) that may occur in Collier County. Species for Collier Co, are listed in Figure 4 also, Site Survev Results, Figure 5 indicates the cumulative total of all species observed over 10 survey events, Daily field sheets are located in Appendix C, Overall, 18 species were noted, 15 bird species and 3 mammals, The most frequent bird species observed was cattle egret with 85 observations and for mammals - gray squirrel with 8 observations. Soecies Results, Gopher Frog/Rana capiro: Prefers dry sandy, upland habitats adjacent to wetland areas. This type habitat is not present onsite, or adjacent properties and no individuals were observed on site, Changes in the project property will have no effect on this species. YahI Mulching SDPA AR 7633 FAll.. 2007 Protected Species Report 30 January 2008 Page 3 APPENDIX C Cape Sable seaside sparrow/Ammodramus maritimus m/rabilis: Currently inhabits seasonally inundated freshwater interior marshes within Everglades National Park and Big Cypress National Preserve in Monroe and Dade County, Last documented in Collier Co, in 1979, This habitat is not present onsite and no individuals were observed on the property. Florida Grasshopper sparrowlAmmodramus savannarum floridanus: Prefers large areas of frequently burned dry prairie habitat, with patchy open areas sufficient for foraging, This habitat type is not present onsite and no individuals were observed on the property, In addition, this species has not been observed since] 955 in Collier Co, Changes in the project property will have no effect on this species. Florida scrub jay/ Aphelocoma coerulescens: Prefers low growing scrub oak plants. This habitat is not present onsite and no individuals were observed on the properties. Changes in the project property will have no effect on this species. LimpkinlA ramus guarauna: Inhabits mangroves, freshwater marshes, swamps, springs and spring runs, and pond and river margins, This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Florida burrowing owl/A/hene cun/cularia floridana: Prefers habitats of high, sparsely vegetated, sandy ground, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Ivory-hilled woodpecker/ Campephilus prine/palis: This species is considered to be extinct but is still listed, Known to prefer swampy forests, especially large bottomland river swamps of coastal plain and Mississippi Delta and cypress swamps of Florida, This habitat is present onsite, but no individuals were observed on the properties, Changes in this property will have no effect on this species. Cuban-/snowy plover, Charadrius alexandr/nus: Prefers dry, sandy beaches. where they nest in shallow depressions, usually near some vegetation or debris, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Piping plover/Charadr/us melodus: Prefers open, sandy beaches and on tidal mudflats and sandflats along the coasts, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Kirtland's warbler lDendroica kir/land/i: Nests in nearly homogeneous stands of usually 30 ha or more of dense scrubby jack pine, Florida maybe a migration stop between Michigan and the Bahamas, Individuals may flay straight through, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Little blue heronlEgrerra caerulea: Feeds in shallow freshwater, brackish, and saltwater habitats, Nesting colonies usually occur in coastal areas, but prefers foraging in freshwater lakes, marshes, swamps, and streams. Nests in a variety of woody vegetation types, including cypress, willow, maple, black mangrove, and cabbage palm. Usually hreeds in mixed-species colonies in flooded vegetation or on islands. Nesting habitat is present onsite, but no other nesting of other wading bird species has been observed, No individuals or nests were observed on the property, Changes in this property will have no effect on this species, It is planned to rehydrate approximately 12 acres of forested wetlands in a preserve area. This improvement in habitat conditions may encourage use, Reddish egretlEgrerra rufescens: Typically prefers coastal mangrove islands, or in Brazilian pepper on manmade dredge spoil islands, near suitable foraging habitat. Generally forages in shallow water of variable salinity. Broad, open, marine tidal flats and shorelines with little vegetation are ideal feeding areas. Also important are salt evaporation pools and lagoons, often located inside mangrove keys or just inside shoreline on mainland, This YablMulchiog SDPA AR 7633 FAlL 2007 Protected Species Report 30 Jan_ 2008 Page 4 APPENDIX C habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Snowy egrel/Egretto thula: Nest' both inland and in coastal wetlands with nests placed in many types of woody shrubs, especially mangroves and willows; usually over shallow waters. Almost all nesting is over shallow waters or on islands that are separated from shoreline by extensive open water. Feeds in many types of pennanently and seasonally flooded wetlands, streams, lakes, and swamps, and in manmade impoundments and ditches, Breeding success is tied to water-level fluctuations, Preferred nesting habitat is not present onsite. There are no permanently inundated areas on site, Seasonally flooded areas are very short in duration, No individuals or uesting were observed on the properties, Changes in this property will have no effect ou this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Tricolored heron/Egretta tricolor: Most nesting colonies occur on mangrove islands or in willow thickets in fresh water, but nesting sites include other woody thickets on islands or over standing water. Prefers coastal environments. Feeds in a variety of permanently and seasonally flooded wetlands, mangrove swamps, tidal creeks, ditches, and edges of ponds and lakes. Preferred nesting and feeding habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species, It is planned to rehydrate approximately 12 acres offorested wetlands in the preserve area, This improvement in habitat conditions may encourage use. White ibislEudocimus albus: Found in a wide variety of habitats, including freshwater and brackish marshes, salt flats and salt marsh meadows, many types of forested wetlands, wet prairies, swales, seasonally inundated fields, and man-made ditches, The forested wetland habitat is present onsite and targeted to be preserved and enhanced, No individuals or nests were observed in the property, Changes in this property will have no effect on this species, It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area, This improvement in habitat conditions may encourage Use, Peregrine falcon/Falco peregrinus: The Peregrine Falcon frequents open areas like marshes, fields, swamps, and tidal areas, Since its reintroduction into the eastern United States, however, the Peregrine Falcon has colonized many urban areas because of increased nesting sites (and nesting ledges being created on buildings), This species is considered to be recovered and is waiting for deli sting, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect 00 this species, Southeastern American kestrel/Falco sporverius paulus: Found in open pine habitats, woodland edges, prairies, and pastures throughout mucb of Florida, Nest sites are tall dead trees or utility poles generally with an unobstructed view of surroundings. Kestrels are not known to nest in Collier County, Most individuals are migrants from the north, No individuals or nests were observed on the properties. Changes in this property will bave little to no effect on this species, Florida sandhill crane/Grus canadensis pralens;s: Habitat: Prairies, freshwater marshes, and pasture lands, Avoids forests and deep marshes but uses transition zones and edges between these and prairies or pasture lands, Tbis habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species. American oystercatcherlHaemalopus palliales: Habitat: Coastal waters, This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Bald eagle/Haliaeelus leucocephalus: According to the FWC eagle website, only I nest (CO 015) is within I mile of this project. A map of this nest location is presented in Figure 6, Tbe location of this nest was field verified and it is active, It is approximately 4.270 feet form the project. It is within the South Belle Meade Boundary, but it is in private ownership, FWC records indicate that it has been active since the year 2000, The Yahl Recycling Yahl Mulching SDPA AR 7633 FAll 2007 Protected Species Report 30 January 2008 Pag.5 APPENDIX C project has been in operation prior to 2000. Highway 1-75 is also between the YahI project and the designated eagles nest, The proposed project is not in the primary zone, but it is in the secondary zone. No individuals or nests were observed on or utilizing the property, The distance of the nests from the project, coupled with the fact that activity form I -75 has not presented any problems indicates that proposed changes in this properly will have little to no effect on this species. On a larger scale the FWS has started the process to delist the Bald Eagle, Wood stork/Mycteria Americana: Nests colonially in a variety of inundated forested wetlands, inclnding cypress strands and domes, mixed hardwood swamps, sloughs, and mangroves. Forages in 6-15 inches of surface water, The preferred nesting habitat is present onsite, but the surface water does not get very deep on the property during the year due to the impacts of road building changing the hydrology, No individuals or nests were observed on the properties, Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area, This improvement in habitat conditions may encourage use, Brown pelican/Pelecanus occidentalis: Habitat: Mainly coastal, feeding in shallow estnarine waters, and (less often) far offshore, . This habitat is not present onsite and no individuals were observed on the properties, Changes in this properly will have no effect on this species, Red-cockaded woodpeckerlPicoide5 borealis: Habitat: Inhabits open, mature pine woodlands that have a diversity of grass, forb, and shrub species, Prefers mature slash pine trees that are generally larger than 12 inches in diameter, a wide spacing of trees, no subcanopy and relatively dry conditions, The preferred habitat is not present onsite. No individuals were observed on the property, All pine trees were inspected for nest cavities or start holes and none were found, Changes in this property will have no effect on this species, Roseate spoonbilVPlatalea ajaja (Ajaia ajaja): Habitat: Primarily nests in mixed-species colonies on coastal mangrove islands or in Brazilian pepper on man-made dredge spoil islands near suitable foraging habitat. Does feed in forested wetland habitats with slow moving water. Although forested wetland type habitat present, hydrology has been so impacted it is very low quality, No individuals or indications of this species were observed on the properties. Changes in this properly will have no effect on this species, It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area, This improvement in habitat conditions may encourage use. erested caracara/Polyborus plancus audubonii (earacara cheriway): Open country, including dry prairie and pasture lands with cabbage palm, cabbage palmllive oak hammocks, and shallow ponds and slnnghs, Preferred nest trees are cabbage palms, followed by live oaks, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Everglades snail kitelRostrhamus sociabilis plumbeus: Habitat: Large open freshwater marshes and lakes with shallow water. This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Black skimmerlRynchops niger: Habitat: Coastal waters, including beaches, bays, estuaries, sandbars, tidal creeks (foraging), and also inland waters of large lakes, phosphate pits, and flooded agricultural fields, This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species, Least tern/Sterna antil/arum: Habitat: Coastal areas throughout Florida, including beaches, lagoons, bays and estuaries, Increasingly use artificial nesting sites. including gravel rooftops, dredge spoil islands or other dredged material deposits, construction sites, causeways, and mining lands. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Roseate tern/Sterna dougalli (Sferna dougal/Ii dougallii): Habitat: Nest sites include bare limestone, shell-sand beaches, newly deposited rock and marl fill, dredge material, and heaps of broken coral deposited hy storms, This Yahl Mulching SDPA AR 7633 FAlL 2007 ProtecLcd Species Report 30 January 2008 Page 6 APPENDIX C habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species, Bachman's warblerlVermivora bachmanii: Historic records indicate the Bachman's warbler nested in low, wet forested areas containing variable amounts of water, but usually with some water that was permanent. This species is considered extinct in Florida, This preferred habitat is not present onsite and no individnals were observed on the properties, Changes in this property will have no effect on this species, Sma11tooth sawfish/Prist;s pectinata: Habitat: Shallow coastal, estuarine, and fresh waters; often in brackish water near river mouths and large embayments, in deeper holes on bottoms of mud or muddy sand, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species. Rivulus (mangrove rivulus)/Rivulus marmoratus: Habitat: coastal, appears to prefer red mangrove (Rhizophora mangle), This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species. Sei whalelBalaenoptera borealis: Habitat: Pelagic, marine. Generally, in deep water; along edge of continental shelf and in open ocean, This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species, Fin whale (linback whale)IBaJaenoptera physalus: Habitat: Pelagic, marine. Usually found in largest numbers 25 miles or more from shore, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species North Atlantic right whalelEubalaena glaciatis (Balaeno glaciatis linel, austratis]): Habitat: Inhabits near shore and offshore waters, Mainly coastal in the North Atlantic, This habitat is not present onsite and no individuals were observed on the properties. Changes in tbis property will have no effect on this species Florida mastiff batlEumops glaucinusfloridanus: Habitat: Roosts in palms and hollow trees and in buildings, Forages high in air over natural as well as human-altered landscapes, Minimal preferred roosting habitat is present onsite, No individuals were observed on the properties or surrounding areas during surveys, Changes in this property will have no effect on this species, Humpback whalelMegaptera novaeangtiae: Habitat: Pelagic and coastal waters, sometimes frequenting inshore areas such as bays. This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species. Caribbean monk seaVMonachus tropicalis: Habitat: Marine areas, Shallow lagoons and reefs, sandy beaches, and permanent islets or beaches above high tide, Mainly west coast of Florida and Caribbean. This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Everglades minklMustela vison evergladensis: Habitat: A variety of wetland communities, including salt marsh, freshwater marsh, cypress swamp, and hardwood swamp, There is very little of the preferred habitat is onsite, However, no individuals were observed or, indicators of the presence was noted on the property. Changes in this property will have no effect on this species, It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use, Sperm whale1Physeter macrocephalus: Habitat: Pelagic, prefers deep water, sometimes around islands or in shallow shelf waters, This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species, YahI Mulching SOPA AR 7633 FALL 2007 Protected Species Report 30 January 2008 Page 1 APPENDIX C Florida panther/Puma (Felis) conc%r coryi: Habitat: Requires extensive blocks of mostly forested communities. The FWC panther telemetry database form 1981-2007 indicates no utilization of this property (Figure 7). The forested habitat panthers utilize is present onsite, No individuals or indicators were observed on the property, Planned changes in this property will have no effect on this species, However, this property is considered to be in the area of the Primary Panther Habitat Zones articulated by FWS (Figure 8). This issue is currently being evaluated by USACOE and FWS for proposed mitigation. FWS has indicated that this area has little value to the panther since it is on the edge of the Primary Habitat Zone and bordered by 1-75, Proposed changes to the property are expected to have little to no effect on this species, Big Cypress fox squirreUSciurus niger avicennia: Habitat: SandhilIs (high pine), pine flatwoods, and pastures and other open, ruderal habitats with scattered pines and oaks. Depends on a variety of oak trees for seasonal food and nest material, Longleaf pine cones and seeds are important foods. This habitat type is present onsite, but very few oak trees. No individuals were observed on the properties, Changes in this property wilI have no effect on this species, Creation of the preserve area may encourage utilization. FloridalWest Indian manatee/Trichechus mana/us latirostris (Trichechus mana/us): Hahitat: Coastal waters, bays, rivers, and (occasionally) lakes. Requires warm-water refugia such as springs or cooling effluent during cold weather. Sheltered coves are important for feeding, resting, and calving. This habitat is not present onsite and no individnals were observed on the properties, Changes in this property will have no effect on this species, Florida black bearlUrsus americanusfloridanus: Habitat: A wide variety offorested communities is needed to support the varied seasonal diet of black bears, Forested wetlands are particularly important for diurnal cover. This habitat is present onsite. However this area is bordered on the south by 1-75 which greatly deters access, No individuals or indices were observed on the properties, Changes in this property will have no effect on this species, Creation of the preserve area may encourage utilization, but is not expected to, American alligator/Alligator mississippiensis: Habitat: Most permanent bodies of fresh water, including marshes, swamps, lakes, and rivers. Occasionally wanders into brackish and salt water but rarely remains there. Protected classificatiou is primarily due to similarity of appearance with the American Crocodile. This Species is considered recovered in Florida. Habitat is not present onsite, No individuals were observed on the properties. Changes in this property will have no effect on this species. Loggerhead seaturtle/Carella carella: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species. Green seaturtle//Chelonia mydas: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, American crocodile//Crocody/us acutus: Habitat: Coastal estuarine marshes, tidal swamps, and creeks along edges of mainland and islands. Usually associated with mangroves, Nests on beaches, stream banks, and levees. This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Leatherback seaturtle/Dermoche/ys coriaeea: Habitat: Marine coastaJ and oceanic waters; nest on coastal sand beaches, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Eastern indigo snake/lDrymorciwn eorais couperi: Habitat: Broad range of habitats, from scrub and sandhill to wet prairies and mangrove swamps, In northern part of range, often winters in gopher tortoise burrows in sandy Yahl Mulching SOPA AR 7633 FAll. 2007 Protected Species Report 30 Janua.ry 2008 Page 8 APPENDIX C uplands but forages in more hydric habitats. This habitat is not present onsite and no individuals were observed on the property, Also, no gopher tortoise burrows were discovered. Changes in this property will have no effect on this species. It is expected that the planned rehydration of this area will further discourage possible utilization. Hawksbill seaturtlellEretrnoclulys imbricata: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Gopher tortoise/Gopherus polyphemus: Habitat: Typically found in dry upland habitats, including sandhills, scrub, xeric oak hammock, and dry pine flalWoods; also commonly uses disturbed habitats such as pastures, old fields, and road shoulders, Typical habitat not present onsite, No burrows or individuals observed on site. Changes in this property will have no effect on this species, It is expected that the planned rehydration of this area will further discourage possible utilization Kemp's ridley seaturtle/ILepidochelys kempii: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is nol present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Florida tree snailllLiguusfasciatus: Habitat: Tropical hardwood hammock (rockland hammock), This species prefers smooth-barked trees. This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species CONCLUSIONS The majority of habitat on site is 624 pine, cypress, palm. This habitat type appears to be the result of a hydrology impacts over a long period of time, which dried the area out and allowed slash pine to invade in cypress transition areas in the dry years, There was no indication of utilization of the 6.37 acres of 624 to be cleared by protected species, The approximate 1 I ,73 acres that will be preserved and to be rehydrated has a great potential to improve the conditions of the area and increase wildlife utilization, Creation of the preservation area also insures that there will be a connection to the 1-75 drainage for "community flow way" to the north of this project, In addition, the preserve area will be protected by a permanent conservation easement with the SFWMD. Overall, changes in this property will have little to no effect on protected species detected, Implementation of the preserve area, enhancement and rehydration of it will increase wildlife utilization and habitat quality on the property, especially for wetland oriented species; and provide a permanent flow way for the natural flow of water form the north. YaM Mulching SDPA AR 7633 FAlL 2007 Protected Species Report 30 JanullJ'y 2008 Page 9 APPENDIX C REFERENCES Ashton, R, E., Jr" and p, S. Ashton, 1988a, Handbook of reptiles and amphibians of Florida, part 3: The amphibians. Windward Publ., Inc., Miami, Florida, _' 1988b, Handbook of reptiles and amphibians of Florida, part I: The snakes, 2nd ed, Windward Publ., Inc" Miami, Florida, _' 1991. Handbook of reptiles and amphibians of Florida, part 2: Lizards, turtles & crocodilians, 2nd ed, Windward Publ., Inc., Miami, Florida. Barbour, D. B., and S, R, Humphrey, 1982. Status and habitat of the Key Largo woodrat and cotton mouse (Neotoma floridana smalli and Peromyscus gossypious allapaticola), J Mammal. 63:144-148. Barnwell, M, E" P. A, Meylan, and T, Walsh, 1997, The spotted turtle (Cleromys guttata) io central Florida. Chelonian Cons, BioI. 2:405-408, Bartlett, R. D., and P. p, Bartlett, 1999, A field guide to Florida reptiles and amphibians, GulfPubl. Co" Houston, Texas, Berner, L., and M, L. Pescador. 1988, The mayflies of Florida, Univ, Presses of Florida, Gainesville, Birkenholz, D. E, 1963. A study of the life history and ecology of the round-tailed muskrat (Neofiber alieni), Ecolog, Monogr, 33:225-280. Bortone. S, A, 1989, Notropis melanostomus, a new species of cyprinid fish from the Blackwater-Yellow River drainage of northwest Florida, Copeia 3:737-741.story, habitat assessment, and systematics of the blackmouth shiner (Notropis sp.), Blackwater River drainage, Final Rep, Nongame Wildl. Prog" Florida Game and Fresh Water Fish Carom" Tallahassee, Bouchard, R. W, 1978, Taxonomy, ecology and phylogeny of the subgenus Depressicambarus, with the description of a new species from Florida and redescriptions of Cambarus graysoni, Cambarus latimanus, and Carnbarus striatus (Decapoda: Cambaridae), Bull, Alabama Mus, Nat. His!' 3:27.60, Bowen, P. J. 2000, Demographic, distribution, and metapopuJation analyses of the burrowing owl (Athene cunicularia) in Florida, M,S, thesis, Univ, Central Florida, Orlando, Brady, J. T., T. H, Kunz, M. D. Tuttle, and D, E, Wilson, 1982, Gray bat recovery plan, U,S, Fish Wildl. Serv" Denver, Colorado, Brim Box, J" and J, D, Williams, 2000, Unionid mollusks of the Apalachicola Basin in Alabama, Florida, and Georgia, Bull. Alabama Mus, Nat. His!' 21:1-143. Brody, R, W, 1990, Status of habitat and populations of Procambarus pictus io the North Fork of Black Creek, Clay County, Florida Sl. Johns River Water Management District, Palatka, Florida, Brown, L. N, 1997, A guide to the mammals of the southeastern United States, Univ. Tennessee Press, Knoxville, Brown, W. S. 1993, Biology, status, and management of the timber rattlesnake (Crotalus horridus): a guide for conservation. Soc. Stud, Amphib. Rept. Herp, Circ, 22, Carle, F. L., and M, L. May, 1987, Gomphus (phanogomphus) westfalli spec. nov, from the Gulf coast of Florida (Anisoptera: Gomphidae). Odonatologica 16:67-75. Chace, F. A" Jr, 1954, Two subterranean shrimps (Decapoda: Caridea) from Florida and the West Indies, with a revised key to the American species, J. Washington Acad. Sci. 44:318-324, Chafin. L. 2000, Field guide to the rare plants of Florida, Florida Natural Areas Inventory, Tallahassee, Chase, C, A., and J. A, Gore, 1989, Snowy plover breeding distribution, Unpubl, final rept" Florida Fish and Wildl.Conserv. Comm" Tallahassee, Choate, p, M. 1984. A new species of CicindeJa Lionaeus (Coleoptera: Cicindelidae) from Florida, and elevation of C, abdominalis scabrosa Schaupp to species level. Entomol. News 95:73-82, Conant, R., and J. T, Collins, 1991. A field guide to reptiles and amphibians: eastern and central North America, 3rd ed, Houghton Mifflin, Boston. Cox, J., D. Inkley, and R. Kautz, 1987. Ecology and babitat protection needs of gopher tortoise (Gopherus polyphemus) populations found on lands slated for large-scale development in Florida, Nongame Wildlife Prog, Tech, Rep, no. 4, Florida Game and Fresh Water FIsh Comm., Tallahassee, Crance, J, H. 1986, Habitat suitability index models and instream flow suitability curves: shortoose sturgeon, U. S, Fish Wildl. Servo BioI. Rep. 82(10.129), Deitz, D. c., and T, C, Hines, 1980, Alligator nesting in north-centra1 Florida. Copeia 1980:249-258, Delany, M. F., and C. L. Abercrombie, 1986, American alligator food habits in north-central Florida, J, Wildl. Manag, 50:348-353. Yahl Mulching SOPA AR 7633 FAlL 2007 ProIecced Species Report 30 January 2008 Page 10 APPENDIX C Delany, M, F" P,B. Walsh, B. Pranty. and D,W. Perkins, 1999. A previously unknown population of Florida grasshopper sparrow on Avon Park Air Force Range. Florida Field Nat. 27(2):52-56. Deyrup. M" and R, Franz (eds,), 1994, Rare and endangered biota of Florida, vol. IV: Invertebrates. Univ, Press of Florida, Gainesville, Dodd, C, K., Jr, 1988, Synopsis of the biological data on the loggerhead sea turtle Carena caretta (Linnaeus 1758), U,S. Fish Wildl. Serv, BioI. Rep,88(t4), Duggins, C, F., Jr., A. A, Karlin, K. Relyea, and R, W, Yerger, 1986. Systematics of the key silverside, Menidia coochorum, with comments on other Menidia species (Pisces: Atherinidae), Tulane Stud, Zool. Bot. 25(2):133- ISO, Dunkle, S, W, 1989, Dragonflies of the Florida Peninsula, Bennuda and the Bahamas, Scientific Publishers, Gainesville, Florida. _,2000, Dragonflies through binoculars: A field guide to the dragonflies of North America. Oxford Univ. Press, New York. Dunn, J, 1999. National Geographic Society field guide to the birds of North America. 3rd ed, National Geographic Soc., Washington, D.C. Enunel, T, c., and M, C. Minno, 1988, Habitat requirements and status of the endemic Schaus swallowtail in the Florida Keys. Fmal report, Florida Game and Fresh Water Fish Comm., Tallahassee, Enge, K. M" M. M. Bentzien. and F. Percival. 1986, Florida scrub lizard status survey, Tech. Rept. No, 26 to U,S, Fish Wildl. Serv" Jacksonville End, Sp, Office, Florida, Ernst, C, H" and R. W. Barbour, 1989, Snakes of eastern North America. George Mason Univ, Press, Fairfax, Virginia, Ernst, C. H" J. E, Lovich, and R. W, Barbour, 1994. Turtles of the United States and Canada. Smithsonian Inst. Press, Washington, D.C, Ewert, M, A" and D. R. Jackson. 1994. Nesting ecology of the alligator snapping turtle (Macroclemys temminckii) along the lower Apalachicola River, Florida, Final Rep, NG89-020, Nongame Wildlife Prog, Florida Game and Fresh Water Fish Comm" Tallahassee, Fitzpatrick, J, W" G, E, Woolfenden, and M. T. Kopeny, 1991. Ecology and development-related habitat requirements of the Florida scrub jay (Apheiocoma coerulescens coerulescens). Nongame Wildlife Prog. Tech, Rep. no, 8, Florida Game and Fresh Water Fish Comm" Tallahassee, Florida Fish & Wildlife Conservation Commission, 2003, Management Plan Red-Cockaded Woodpecker Picoides borealis. Tallabassee, Fi, 78 pp, Florida Fish & Wildlife Conservation Commission, 2003, October 8. Florida's Waterbird Colony Locator. http://www.myfwc.comlwaders . Florida Fish & Wildlife Conservation Commission, 2006. Eagle nest locator. htlp://wlcifwc.state.f1.usleagleleaglenests. 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EnvIronm.ntal Consulting 2831 4th St. NW N.P~:..FL 34120 238. .1860 V.hl MJllchllllL'-nslon P.~I 2250 W..shbl!.m AVe. Sac. 31, Twn"9, qe 27, totall", .pproxl....talY 28.81.cres. PRESERVE AREA M,APPENDIX C PRESERVE AREA PARCELID #4 621 #5 624 #6 624/8146 #9 624 #11621 1.57 AC 2.82 AC 0.24 AC 4.70 AC 2.40 AC TOTAL 11.73 AC PROJECT: Y AHL MULCHING EXPANSION WASHBURN AVE NAPLES FL N w+. Vahl MplchlnlLExll8nslWl Pllreel 2250 W""hbqmAve. Sec. 31, TWn""49, Kg8 27, totaling approximatelY 28.6 lacres. Ramsey Inc. Environmental Consultin9 2631 4th St. NW Naples. FL 34120 239.564.1660 Figure 2. Preserve Area Map. LISTOFUSFWSANDFWCPROTECTlAPPENDIX C FOR COLLIER CO., FL. AS OF 01130/08 CO..ON "".I! aCII!NTIF.C NAIl. - OU'ONAnD STATUS z... ZOO. ..we PW. AMPIDBIANS IOpbu Cro, BWlS c~ Sable saiki" ..,.,rrow Fknida .....&hoppcr .pllfTO.... florid.'CI'Ilbj.-y ...."'" 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Florid. blKk bcar REPTlLE5 American .niptor lo~adlellllll\le Jl'ftnsntvrtk ~c:to(;odUe kalherbllcksntanl.: EutanliJIdlaola'*e hlwksbWacaturtle ~IOJ1.Oilc Kemp'. ridley lealunle INVERlEBRATF,s MOLLUSKS Pl.DrldaUllelnllil PLANTS (NONE) RGnD capilo A/tIll...amnu..rma,ltinuu ",irQblli.r A_cui"""", S/lloUnlUlr"'"/kJrid,,"'u Aph.dJ>~'O_ cocnUc,ceJU ....mmu...'l4Jrofllltl Arhc,,,'CUldcr.lIIO'i<l (AI/I;......, ellnk..iurlllftorid(Ul<l) C..mp.phU.... prinel",,!1s Chll,ad,I.., 1l1..~..narinl'S Ch<l,ud,l..s meladu CHnd,.,jca unkmdU Etnrr<le..uvlal E,,~t<l "./uemJ E,rdUlth,,/tJ E,utUlricolo, E<<doclm""llth"J fG/c"fM,..,ri""J FIlIc" Jpll"'..d"..jUllIl".. Onu clJ,.tUJ..rub pO'..t.nsls HllunoIOP,U POIbIl'"S HaIi....ctus IImcoctphallls M}'c'c,i"om..riCtf"" Pdt:aJ",uoccltJcnl../is Picolon boO'....lit P/Q/.,t.....qQj..rAjoillqj<lja) l'otyborw pllJllc.... lJwd"""nil (ell,..c..,...,h.,I_,) ROIlO',..,....... w.,j<lbilu pl,,"'bc.... RY"dwlUnl,U Slcrrta<lnti.llo>n<m S'..nw d""'1l1/J (Stflrnll dOl"al/Jl dot'Ballli) V..rmI1o'omb<lehmnnll P,jtl,....p<<tlnoID RlvuluJ"'..""OO'(l".... 8al4U1opU", bo,.~/is Ba,....ll..puroph,.....l..... EJ.bakl'IUl,/tJ"UJ/u(Bcfl.unll ''''doll, (IIl~'l"lUtO'"Ii'l) EumopJ 'fulWilloujlorldQllI.... Mc,optua nOV(l<'(ln,lltl<, MOA4chJutl'OpI"..fi. Moult!Ja 1'11<'" rwr,ktdnul... PIo,'sfltu...acroc.plw1l<, Pt_(Fclis)concolorcoryi Scl,,,,,'nl,,,,,,"icflllnlll T,.It:/i.chlUmaI,,,'lUlatj,.,,...,,i... (T,lcltcch"...m'ln-al""') U,......."",.,.Ir:lUllfs/lorldon"... AlIi,mo,,,,i,.IJSlppl.,,,i, Cn,..."oca,cllll CJt..lon'.. ,")'fUu Cro~'otl;JI'''''IlCIII.., o..n"och.~co,jllCc" Drym4rr:hofl cOfTJl, cOUP"" Enlmochflly, ,mII,lcot.. G6phcr", p"Jyph.",u IJpldoch..lys umpli U&,......joscic"".... SSCO.2) E E T SSC(I) SSC(l) E T T E sse (1.4) SSC(l.4) sSCO) SSC(1.4) SSC(2) E T T SSC(I,1l T E SSe(l) sse SSC(I.4) T E SSC(I) T T E SSC(l) E E E E E T E E T E T, SSC(I,J} T E E E T E T E SSC(I) Proiect: YAHL MULCHING SDPA AR 7633 Figure 4. List of USFWS and FWC protected species for Collier Co" Fl. Yahl Mulching Expansion Parcel, 2250 Washburn Ave., Sec. 31, Twn 49, RJ!:e 27, totalinJ!: approximateIv 28.8 acres. E B T " T " E E T E T E E E E E E E TS/A T e.&i:T. E E T E E Ramsey Inc. Eaw-onmcDlal Comuiling 1631 4'" St. NW Ntples.FL 3411{) 239.S6lI.1660 PROTECTEDSPECIES/WILDLIFEFIELD~APPENDIX C - CUMLATIVE TOTALS PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: DATE: OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: YAHL MULCHING COLLIER 09/23107-11/13/07 ALL SURVEYS AM&PM TOTAL COUNT M. RAMSEY, M. HUSSlON 0610 AM 2000 PM 0-15 59-90 F NONE 0-20 % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD WHITE IBIS CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL Project: Y AHL MULCHING; Fall 2007 TOTAL COUNT 6 10 18 2 22 2 85 28 2 6 22 55 13 18 18 6 1 8 Figure 5. Cumulative totals for Protected Species / Wildlife Survey. Daily field sheets in Appendix C, Yahl Mulching Expansion Parcel. 2250 Washburn Ave" Sec. 31. Twn 49, Rge 27. totaling approximately 28.8 acres. Ramsey Inc. Environmental Consliting 26314" St. NW Naples, FL 34120 239,564,1660 - II- ~~~D ~~GE NES1T LOCA'API~END\2<l C , . NEST LO ATlON - - iE ~ ~ 1 ')' ----;: k U7~ ~ 'Om ~~~m:(,;~~rxV~12 7 7/ '/ W///~~/<<~/Y/:;// // '/ '/ 7/~ '7 '7 '/ ~ / '/ '/ // '/.~ 'l<</In 00~~,?'/~<<'/////~ ~~~~~ ~~:~ )~;:; ~~( , '7~7 0 ~'/'/~~~~ '/ '7 r+-,.17// ~ i/ / ~ v 'l::%: ) '/': r / 7/f/ / >V7: // ~r;:'/f/r/~0~,)j 'l~>> ~ ~ [, ~f;;:;:;;o:r; f '1/ ~ ~r/,:~;; / ~/ ///; ~ ~~ ~~ '/ :/ )~~ ~~%/~ ';/V//// /7<<~ 'l~ 0 - ~8~~~;?r;;;w~~/;3~~~~~~ ~~I/tt;o:r;n:;~~<; '/ 'l. N~ ~ '/ ~~f~F/~~ ~ ~f;~;;7>>;;:;0;~~~ ~'lr/I/~ ~~~ ~~>>~~'l ~f/ BY;J" ~<< '/ w// //'i;0~~>f/~ r///:/ ',//r//" '/, /:///,I/'7'///////,r///"u/// ,,'/~/ PROJECT: Y AHL MULCHING EXPANSION w+. WASHBURN AVE. NAPLES. FL s Figure 6. Bald Eagle Location Map; Ramsey Inc. Environmental Consulting 2831 4th St. NW I:hl r.r.l~n..&xcns!,-, r.~.1 2250 Wl:h~~m4Y" Nrr.I~FL 34120 c. , n ,ge ,0 Ins approx a y . Lc..... 23.5 1660 PANTHER TELEMETRY 1!APPENDIX C Yahl Mulching Expansion Parcel, 2250 Washburn Ave., Sec. 31, Twn 1I9, lIge 27, totaling .pproxlmately 28.8 .e.... & RECYCLING INC \!.!~StJJ!.5. 2831 4th at. NW Naple~L FL 34120 239.5_1680 ~ + PROJECT: YAHL MULCHING Flgu.. 7. Panther telemetry 1981-2007; PANTHER PRIMARY/SEAPPENDIX C HABITAT MAP N w*. s ~lU{'AT'o\ UNE lli?,t1I1fRY . PRIMARY I'/~~:;I HABITAT ..:.:>';..:..,". '.,'// 400 0 400 800 Feet , ' PROJECT: Y AHL MULCHING EXPANSION WASHBURN AVE NAPLES FL Yahl MJllchlnlLExDIlnslon Peroell.2250 WlUlhb\l.m Ave. Sec. 31, Twn..9, ftge 27,totallnB approXimately 28.alteres. Ramsey Inc. Environmental Consulting PO Box 1281 Immokal8!J. FL 34143 239.584.1_0 Figure 8. Panther PrImary/Secondary Habitat Map; APPENDIX C FLORIDA'S ENDANGERED SPECIES, THREATENED SPECIES, AND SPECIES OF SPECIAL CONCERN November 2007 FLORlDA FISH AND WILDLIFE CONSERVATION COMMISSION APPENDIX C CONTENTS PREFACE...".."..,.........",.,.....,.."""...,.................,..........,...,..........".,."....,...,....",....".".,. ii NUMERICAL SUMMARY OF SPECIES LISTED BY THE STATE OF FLORIDA AS ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN .... I OFFICIAL LISTS .".",...,...,..'",.,.....".,,'...,......,..,.,.....'..,'...,".,..,....,....,.'.',.,.......",.,.,. I FISH .,. ....,.,.." ....,.."", ,,'..',..,.. "....., ,...,.,.., ,..." ".....",....,...,.'"" ,....', ""......., ",. ,.,...,.,.,., ,... 2 AMPIllBIANS"", "...,.". ,.. ,.., ,.,. ,., ,.........,.,...,....,.,.,....'..., ,....., ,...""""..,..,.,., ,.,...,...,.....,. 2 REPTILES ." ,..,.." ,.,., ,.. ""'" ,.., ,.,....,....".,...", ...,......,.,.,...', ".., ,.,." ",.,..,., ,., ",........., "" ,...2 BIRDS, ,.'", ,."", ,'.,.'"""" ,., ,.., .."", ,..,.,..',., ",.....'",.,...,..,." ,."".., "'" ,,' .....'" ",.,,'.,.. ,.", ".,. 3 MAMMALS.,."..""""",.,..".,..",."..,....,.,.,..........,..,...""..",........,.""..,....,.,.,...,..,.,..",...4 INVERTEBRATES "".......""",.,........".",....,....."....,....'"".'",.",.,..."..."",.......,.",.".,.6 CORALS."",.""""",."..,....."..".,."."...,.......,...."...,.""""""...,."",."...""....,..,..""....6 CRUSTACEANS.""...""...""."""..",............"..,......,."",."...,.."....,....,.,..,.,....""..,.,.6 INSECTS ..',..,.,.,.,.",.. ,....,. ,.,.,.. "....,." ",.,.,.,.".,., ,......." "'.,.,..,, ",., '" ,...."., ....,....., ",.... 6 MOLLUSKS.""".",.,.,..".,."".,.."..."""..",."."""".",."""..",.'"",.",...'"........,.,.,',.... 6 KEY TO ABBREVIATIONS AND NOTATIONS........................................................ 7 APPENDIX C PREFACE This document consolidates the official state of Florida list of endangered species, threatened species, and species of special concern. The Florida Fish and Wildlife Conservation Commission (FWC) maintains the state list of animals designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27,004, and 68A-27.005, respectively, Florida Administrative Code (F.A.C.) htto:/Ifac.dos.state.f1.us/, The state lists of plants, which are designated endangered, threatened, and commercially exploited, are administered and maintained by the Florida Department of Agriculture and Consumer Services (DOACS) via ehapter 5B-40, F.A.C. This list of plants can be obtained at htto;/Iwww.f1- dof.com/forest manal!ementl1>lant conserve listhtmI. The federal agencies that share the authority to list species as Endangered and Threatened are the National Oceanic and Atmospheric Administration-National Marine Fisheries Service (NOAA-NMFS) and U. S, Fish and Wildlife Service (USFWS), The NOAA-NMFS is responsible for listing most marine species, The federal list of animals and plants is administered by the USFWS, and this list is published in 50 eFR I7 (animals) and 50 CFR 23 (plants). Additional information regarding federal listings can be located at the following websites; NOAA-NMFS htto:/Iwww.nmfs.noaa.l!ovandUSFWS-htto:/lendanl!ered.lWs.ll:ov/wildlife.htmI#Soecies. Please note that while the FWC has published a consolidated list of state and federally listed species in the past, we now only publish a list of species listed within the state of Florida, This list will be maintained and available at our agency website: httD:/lwww.mvlWc.com. Lists of federally listed species can still be viewed at the USFWS and NOAA-NMFS websites mentioned above, It is our intent by providing the list in this manner that we will be able to maintain a current list that is more readily available to the public. I would like to thank the following people who assisted in revising this list; Tom Logan, Jeff Gore, Paul Vincent, Paul Moler, George Wallace, Jim Rodgers, Karl Miller, Ted Hoehn, Darrell Scovell, Gray Bass, Kelly Donnelly, Elsa Haubold, Kipp Frohlich, Bill Brooks and the USFWS staff. Special appreciation is expressed to Ms, Angela T, Williams, Ms. Christine Yannett and Ms, Kat Diersen for their assistance with preparation of this document. . Common and scientific names listed first are as they appear In the FWC "Florlds Wildlife Code Title 68A" (F.A.q. Common .ad/or scientific names following this and located within parentheses ( ) contain Dames as used by USFWS, or other c:ommonly used names. Bradley J. Gruver, Ph, D Endangered Species Coordinator Species Conservation Planning Section eover Photos by FWC Staff: Key Largo Woodrat, Burrowing Owls, Okaloosa Darter, Schaus' swallowtail butterfly, Short-tailed Snake. 11 APPENDIX C NUMERICAL SUMMARY OF SPECIES LISTED BY THE STATE OF FLORIDA AS ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN STATUS DESIGNATION FISH AMPHIBIANS REPTILES BIRDS MAMMALS INVERTEBRATES TOTAL E 3 0 6 8 20 4 41 T 2 0 11 10 4 0 27 SSC 10 5 7 18 6 4 50 TOTAL 15 5 24 36 30 8 118 APPENDIX C OFFICIAL LISTS Common Name Scientific Name Status FISH Atlantic sturgeon Acipenser oxyrinchus sse (1) (Gulf stuneon) (Acipenser oXJIrinchus desotoi) shortnose stun!eon Acipenser brevirostrum E shoal bass MicroDterus cataractae SSC (1,2) Suwannee bass MicroDlerus nolius SSC (I) rivulus Rivulus marmoralus sse (I) (manJ?;rove rivuIus) Lake Eustis pup fish Cvprinodon varieJ!atus hubbsi sse (I) bIackmouth shiner Notropis melanostomus E bluenose shiner PteronotroDis welaka SSC (1,2) saltmarsh topminnow Fundulus ienkinsi SSC (J) kev siIverside Menidia conchorum T crvstal darter Crvslallaria asprella T SS61) ..------ harIeauin darter Etheostoma hislrio okaIoosa darter Elheostoma okalossae E Southern tessellated darter Elheostoma olmstedi SSC (I) (tessellated johnny darter) maculaliceps kev blenny Slarksia starcki SSC (]) AMPHmIANS flatwoods salamander Ambvstoma cinJ!Ulatum SSC Georlria blind salamander Haideolriton wallacei SSC (1,2) pine barrens treefrog Hvla andersonii SSC 1) Florida bo~ fro~ Rana okaloosae SSC 2) ~opher fro~ Rana capito SSC (1.2) REPTILES American alligator Alligator mississippiensis SSC (1,3) American crocodile erocodvlus aculus E kev rimmeck snake Diadovhis vunctalus acricus T Eastem indigo snake Drvmarchon corais couveri T red rat snake Elaphe gut/ata SSCI(I) Atlantic salt marsh water snake Nerodia clarkii taeniata T (Atlantic salt marsh snake) 2 Common Name Scientific Name APPENDIX C Florida pine snake Pituophis melanoleucus SSC (2) muflilus short-tailed snake Slilosoma e.xtenuatum T Florida brown snake Sloreria dekoyi victa T1 rim rock crowned snake Tanlil/a oolilica T Florida nobon snake Thamnophis sauritus sackeni T1 bluetaiI mole skink Eumeces ef!reflius liv/dus T Florida Kev mole skink Eumeces ef!reflius ef!ref(ius SSC (J) sand skink Neosens revnoldsi T gopher tortoise GODherus nolvnhemus T Barbour's maD turt1e GraDtemvs barbouri SSC (J 2) alligator snaDDing turtle Macroclemvs temminckii sse (l) striped mud turtle Kinosternon baurii E1 ------~- -- Suwannee cooter Pseudemys concinna SSC (1,2) suwanniensis loggerhead seaturtle earella carella T (]oggerhead sea turtle) green seaturtIe Chelonia mydas E (green sea turtle) leatherback seaturtle Dermochelys cor/acea E i (]eatherback sea turtle) hawksbill seaturtle Erelmochelys imbricala E (hawksbilI sea turtle) Kemp's ridley seaturtle Lepidochelys kempii E (Kemp's ridlev sea turtle) BIRDS piping plover Charadrius melodus T snowy plover eharadrius ale.xandrinus T (Cuban snowy plover) American ovstercatcher Haemalonus nalliatus SSC 0 2) brown Delican Peleconus occidenlalis sse (J) black skimmer RvnchoDs nif!er SSC II) least tern Sterna antil/arum T roseate tern Slerna dougalli T (Slerna douflallii douflaJ/iil limpkin Aramus vuarauna SSC (I) reddish elU"et Eurelta rufescens sse 0 4) snowy egret Ei!T'elta thula SSC (I) little blue heron Eurelta caerulea SSC 0,4) tricolored heron Ei!T'elta tricolor SSC 0,4) 3 Common Name Scientific Name APPENDIX C white ibis Eudocimus albus SSC (2) Florida sandhill crane Grus canadensis nratensis T whoooing crane Grus americana SSC (5) wood stork Mveteria amerieana E roseate sooonbill Platalea aiaia SSC (1 4) burrowing owl Athene cunicularia SSC (1) (Florida burrowing owl) (Alhene cunicularia floridana) crested caracara Caracara cheriway T (Audubon's crested caracara) (Polvborus nlancus audubonii) oereunne falcon Falco oereurinus E Southeastern American kestrel Falco soarverius oaulus T bald eagle Haliaeelus leucoceohalus T osprey Pandion haliaetus SS~ 0.2) snail kite Rostrhamus sociabilis E (Everglades snail kite) plumbeus Florida scrub iay Aohelocoma eoerulescens T Cape Sable seaside sparrow Ammodramus maritimus E mirabiIis Florida grasshopper sparrow Ammodramus savannarum E floridanus Scott's seaside sparrow Ammodramus maritimus SSC (I) neninsulae Wakulla seaside sparrow Ammodramus marilimus SSC (I) iuncicolus white-crowned piReon Columba leucoceohala T KirtIand's warbler Dendroica kirtIandii E Bachman's warbler Vermivora bachmanii E ivorv-billed woodoecker Camoeohilus orincioalis E red-cockaded woodoecker Picoides borealis SSC Marian's marsh wren eistolhorus oalustris marianae SSC (J) WorthiUQtOIl's marsh wren Cislolhorus nalustris "riseus SSC (I) MAMMALS Florida panther Puma eoncolor coryi E (Puma r=Felisl concolor coryi) Florida black bear Ursus americanus fIoridanus r Everglades mink Muslela vison everllladensiy T key deer Odocoileus virginianus E clavium 4 APPENDIX C Common Name Scientific Name Status Lower Kevs marsh rabbit Svlvilavus nalustris hefneri E Bil! CVDress fox sauirrel Sciurus nil!er avicennia T Sherman's fox sauirrel Sciurus nil!er shermani SSC (1,2) Eastern cbipmunk Tamias slriatus SSC (I) SanibeI Island rice rat OMJ2omvs nalustris sanibeli SSC (I 2) silver rice rat Oryzomys argentatus E (rice rat, lower FL Kevs) (r>nn.omvs nalustris natator) Kev Larl!o woodrat Neoloma floridana smalli E Key Largo Cotton Mouse Peromyscus gossypinus E allaoaticola Choctawhatchee beach mouse Peromyscus polionolus E alloDhrvs Southeastern beach mouse Peromyscus polionolUS T niveivenlris Anastasia Island beach mouse Peromyscus polionolus E ohasma St. Andrews beach mouse Peromyscus polionotus E oeninsularis Perdido Key beach mouse Peromyscus polionolus E trissvlleosis Florida mouse Podomvsfloridanus SSC (I) Florida mastiff bat Eumons ulaucinus7iOridanus E IITllvbat Mvotis /!r'isescens E Indiana bat Mvolis sodalis E Florida saltmarsh vole Microtus pennsylvanicus E (Florida salt marsh vole) dukecampbelli Sherman's short-tailed shrew Blarina carolonensis sse (2) r =brevicauda 1 shermani Hornosassa shrew Sorex lonviroslris eionis SSC (2) sei whale Balaenoolera borealis E fin whale Balaenoptera physalus E (finback whale) North Atlantic right whale Eubalaena glacialis E (right whale) (Balaena glacialis [inc1. auslralis n humoback whale Mel!aolera novaeanllliae E soerm whale Phvseter macroceDhalus E Florida manatee Trichechus manalus laliroslris E (West Indian manatee) (Trichechus manalus) 5 Common Name Scientific Name APPENDIX C INVERTEBRATES CORALS niIIar coral Dendro1?:Yra cylindrus E CRUSTACEANS Panama City crayfish Procambarus econjinae SSC(I) (econfina crayfish) sims sink crayfish Procambarus erythrops sse (1) (Santa Fe cave crayfish) black creek crayfish Procambarus pictus SSC (1) INSECTS Miami blue butterfly eyclargus [=Hermiargus] E thomasi belhunebakeri Schaus' swallowtail butterfly Heraclides aristodemus E ponceanus MOLLUSKS Florida tree snail LiJ<Uus fascialus sse (1) Stock Island tree snail Orlhalicus reses E Orthalicus reses [not inc/, nesodrvas 1 6 APPENDIX C KEY TO ABBREVIATIONS AND NOTATIONS List Abbreviations FWC = E= T= ssc= Florida Fish and Wildlife Conservation Commission Endangered Threatened Species of Special Concern Reasons for SSC listings prior to January 1,2001 are indicated by the number in parenthesis under the following criteria: (1) has a significant vulnerability to habitat modification, environmental alteration, human disturbance, or human exploitation which, in the foreseeable future, may result in its becoming a threatened species unless appropriate protective or management techniques are initiated or maintained; (2) may already meet certain criteria for designation as a threatened species but for which conclusive data are limited or lacking; (3) may occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree; (4) has not sufficiently recovered from past population depletion, and (5) occurs as a population either intentionally introduced or being experimentally managed to attain specific objectives, and the species of special concern prohibitions in Rule 68A-27,002, F,A,C., shall not apply to species so designated, provided that the intentional killing, attempting to kill, possession or sale of such species is prohibited, (FWC) I Lower keys population only. Monroe County population only, Other than those found in Baker and Columbia Counties or in Apalachicola National Forest. 7 USFWS TItreatened and Endangered Species System (TESS) '...6.... ~.s. Fish & WIIclIIfe Service USFWS Threatened and Endangered Species System (TESS) 6ESS APPIAPPENOIX C -------~ Contact ECOS Florida Notes: . This report shows the species listed in this state according to the Federai Register listing description, . This list does not include experimental populations and similarity of appearance listings, . This list includes species or populations under the sole jurisdiction of the National Marine Fisheries Service, . Click on the highlighted scientific names below to view a Species Profile for each listing, Listed species (based on published population data) -114 listings Animals - 59 Status SpecleslL/sling Name -NOTE: TIle frttIl'N lutte.ls IImd 2 fin.., under ( IIIft!S. $0 lite Itlull nwnbtt..f1Id II. 51 Animals 0 ,nd 111 ToU/. T Bankclimber, purple (mussel) (EJ/iptoideus sloatianus) E Bat, gray (Myotis grisescens) E Beetle, American burying (Nicrophorus americanus) E Butterfly, Schaus swallowtail (HeracJides aristodemus ponceanus) T Caracara, Audubon's crested FL pop, (Polyborus plancus audubonii) T Coral, elkhorn (Acropora palmata) T Coral, staghorn (Acropora cerviccmls) T Crocodile, American FL pop. (Crocodytus scutus) E Curlew, Eskimo (Numenius borealis) E Darter, Okaloosa (Etheostoma okaioosae) E Deer, key (Odocoileus virgin/anus clavium) T Jay, Florida scrub (Aphelocoma coerulescens) E Kite, Everglade snail FL pop, (Rostrhamus sociabi/is plumbeus) E Manatee, West Indian (Trichechus manatus) E Moccasinshell, Gulf (Medionidus penicif/atus) E Moccasinshell, Ochlockonee (Medionidus simpsonianus) E Mouse, Anastasia Island beach (Peromyscus pOlionotus phasma) http://ecos,fws,gov/tess-pubJic/StateListing.do ?status=listed&state= FL USFWS Threatened and Endangered Species System (TESS) APPIAPPENOIX C E Mouse, Choctawhatchee beach (Peromyscus pOfionotus aliophrys) E Mouse, Key Largo cotton (Peromyscus gossypinus allapaticoia) E Mouse, Perdido Key beach (peromyscus pofionotus lrissyllepsis) T Mouse, southeastern beach (peromyscus polionolus niveiventris) E Mouse, SI. Andrew beach (Peromyscus pofionotus peninsularis) E Panther, Florida (Puma (=Felis) conco/or coryi) E Pelican, brown except U.S. Atlantic coast, FL, AL (Pelecanus occidentafis) E Plgtoe, oval (Pleurobema pyriforme) T Plover, piping except Great Lakes watershed (Charadrius melodus) E Pocketbook, shiny rayed (Lampsilis subangulata) E Rabbit, Lower Keys marsh (Sylvilagus palustris hefnen) E Rice rat lower FL Keys (Ol)flomys palustris nata/or) T Salamander, flalwoods (Ambystoma cingulatum) E Sawfish, smalltooth (Pristls pectinata) E Sea turtle, green FL, Mexico nesting pops, (Chelonia mydas) T Sea turtle, green except where endangered (Chelonia mydas) E Sea turtle, hawksbill (Erelmochelys imbricata) E Sea turtle, Kemp's ridley (Lepidoche/ys kempil) E Sea turtle, teatherback (Dennochelys coriacea) T Sea turtle, loggerheed (Carella carella) E Seal, Caribbean monk (Monachus tropicalis) T Shrimp, Squirrel Chimney Ceve (Pa/aemoneles cumming') T Skink, bluetail mole (Eumaces egregius lividus) T Sklnk, sand (Neoseps reynoldsi) T Slabshell, Chipola (Elliptlo chipolaensls) T Snail, Stock Island tree (Orthalicus reses (no/lncl. nesodl)fas}) T Snake, Atlantic sail marsh (Nerodla clarkii taenia/a) T Snake, eastern Indigo (Dl)fmarchon corals couper/) E Sparrow, Cape Sable seaside (Ammodramus maritimus mirabifis) http://ecos,fws,gov/tess-public/StateListing.do ?status=l isted&state=FL USFWS Threatened and Endangered Species System (TESS) APPIAPPENDIX C E Sparrow, Florida grasshopper (Ammodramus savannarum floridanus) E Stork, wood AL, FL, GA, SC (Mycteria americana) T Sturgeon, gulf (Acipenser oxyrinchus desotOl) E Sturgeon, shortnose (Acipenser brevirostrum) T Tern, roseate Westem Hemisphere except NE U,S. (Sterna dougallii douga/ll/) E Three-ridge, fat (mussel) (Amb/ema nels/erii) E Vole, Florida salt marsh (Micro/us pennsylvanicus dukecampbelll) E Whale, finback (Bataenoptera physa/us) E Whale, humpback (Megaptera novaeang/iae) E Whale, right (Balaena glacialis (inc/, australis)) E Wolf, gray Lower 46 States, except where delisted; where XN; and Mexico, (Canis lupus) E Woodpecker, red-cockaded (Picoides borealis) E Woodrat, Key Largo (Ne%ma fIoridana sma/II) Plants - 55 Status SpeclesILlst/ng Name E Aster, Florida golden (Chrysops;s fIoridana) E Beargrass, Britton's (NoIina brit1oniana) E Beauty, Harpers (Harperoca"is f1ava) E Bellflower, Brooksville (Campanula robinsiae) T Birds-in-a-Dest, white (Macbridea alba) E Blazingslar, scrub (Uatris ohlingerae) T Bonamia, Florida (Bonamia grandiflora) T Buckwheat, scrub (Eriogonum long/folium val, gnaphalifo/ium) T Butterwort, Godfrey's (Pinguicula ionantha) E Cactus, Key tree (Pi/osocereus robini,) E Campion, fringed (Siiene po/ypelala) E Chaffseed, American (Schwalbea americana) E Cladonia, Florida perforate (Cladonia perfolata) http://ecos.fws.gov/tess..Jlublic/StateListing,do ?status=Iisted&state=FL USFWS Threatened and Endangered Species System (TESS) APPIAPPENDIX C E Fringe-tree, pygmy (Chionanthus pygmaeus) T Gooseberry, Miccosukee (Ribes echinetlum) E Gourd, Okeechobee (Cucurbita okeechobaensis ssp, okeechobeensis) E Harebells, Avon Par!( (Crolalaria avonensis) E Hypericum, highlands scrub (Hypericum cumulicota) E Jacquemontia, beach (Jacqueroontia reclinata) E lead-plant, Crenulate (Amorpha crenulata) E lupine, scrub (Lupinus aridorum) E Meadowrue, Cooley's (Thelictrum cooley') E Milkpea, Small's (Galadia smallli) E Mint, Garrett's (Dicerandra christmani,) E Mint, lakela's (Dicerandra immacu/ata) E Mint, longspurred (Dicerandra comutissima) E Mint, scrub (Dicerandra frutesC8ns) E Mustard, Carter's (Warea carten) E Pawpaw, beautiful (Deeringothamnus pulch8llus) E Pawpaw, four-petal (As/mina tetramem) E Pawpaw, Rugel's (Deeringotlramnus rugeli,) T Pigeon wings (Clitoria fragtans) E Pinkroot, gentian (Spigelia gBntianoldes) E Plum, scrub (prunus genicula/a) E Polygala, lewton's (PoIyga/a lewtoni.) E Polygala, tiny (Poiygela smaUiI) E Pondberry (Undera melissilotia) E Prickly-apple, fragrant (Cereus eriophorus var, fragrans) E Rhododendron, Chapman (Rhododandron chapmani~ E Rosemary, Apalachlcota (Conradina glabra) E Rosemary, Etonia (Conradma etonia) E Rosemary, short-leaved (Conradina brevifolia) http://ecos,fws.gov/tess-public/StateListing.do?status=listed&state=FL USFWS Threatened and Endangered Species System (TESS) APPIAPPENDIX C E Sandlace (Polygonella myriophylla) T Seagrass, Johnson's (Halophila johnsonil) T Skullcap, Florida (SculelJaria f1oridana) E Snakeroot (Eryngium cuneifolium) E Spurge, deltoid (Chamaesyce de/toidea ssp, de/loidea) T Spurge, Garber's (Chamaesyce garb9n) T Spurge, telephus (Euphorbia lelephioides) E Torreya, Florida (Torreya taxifolia) E Warea, wide-leaf (Warea amp/exifolia) E Water-willow, Cooley's (Justicla cooleY/) T WhiUow-wort, papery (Paronychia chatlacea) E Wireweed (Polygonella basiramia) E Ziziphus, Florida (Ziziphus cela/a) TESS I ECOS I u.s. FWS Home I Privacy http://ecos.fws,gov/tess -pubJic/StateListing,do ?status=Jisted&state=FL APPENDIX C, PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER 09/23/07-11/13/07 ALL SURVEYS AM & PM TOTAL COUNT M. RAMSEY, M, HUSSION 0610 AM 2000 PM 0-15 59-90 F NONE 0-20 % DRY, DROUGHT CONDITIONS DATE: OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD WHITE IBIS CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL TOTAL COUNT 6 10 18 2 22 2 85 28 2 6 22 55 13 18 18 6 1 8 APPENDIX C APPENDIX C PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER DATE: 09.23.07 AM M. RAMSEY, M. HUSSION 0700 AM 1000 AM 0-5N 76 F NONE OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: 10% DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD WHITE IBIS CATILE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MAMMALS COTTONTAIL RABBIT (Sylvilagus f1oridanus) RACCOON GRAY SQUIRREL COUNT 1 1 1 10 2 3 5 4 APPENDIX C PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER 09.24,07 PM DATE: OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: M, RAMSEY, M, HUSSION 1700 PM 2000 PM 5-15NE 85 F NONE 10-20 % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD WHITE IBIS CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL COUNT 1 2 2 1 3 8 3 1 3 11 1 3 4 2 APPENDIX C PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: DATE: OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: Y AHL MULCHING COLLIER 09.29.07 AM M. RAMSEY, M, HUSSION 0710 AM 0945 AM 5-10NE 74 F NONE 10 % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD WHITE IBIS CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MAMMALS COTTONTAIL RABBIT (Sylvllagus floridanus) RACCOON GRAY SQUIRREL COUNT 1 2 6 1 3 2 APPENDIX C PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER DATE: 09,29,07 PM M, RAMSEY, M. HUSSION 1650 PM 1000 PM 5-15 E 87 F NONE 10-20 % DRY, DROUGHT CONDITIONS OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEA TED WOODPECKER CAT BIRD WHITE IBIS CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER REO BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY COUNT 3 15 4 2 6 11 2 1 MAMMALS COTTONTAIL RABBIT (Sylvilagus f1oridanus) RACCOON GRAY SQUIRREL 2 APPENDIX C PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER DATE: 10.06.07 PM OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: M, RAMSEY, M, HUSSION 1645 PM 2000 PM 5-10 NE 90 F NONE 30-Jan % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD WHITE IBIS CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY COUNT 3 3 2 1 14 3 1 4 8 2 1 2 MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL 2 2 APPENDIX C PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: Y AHl MULCHING COLLIER DATE: 10,20.07 AM OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: M. RAMSEY, M, HUSSION 0700 AM 1000 AM 0-5S 74 F NONE 10-20 % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BlUEJAY CARDINAL PllEATED WOODPECKER CAT BIRD WHITE IBIS CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MAMMALS COTTONTAil RABBIT (Sytvllagus fioridanus) RACCOON GRAY SQUIRREL COUNT 1 4 2 7 4 1 3 6 2 1 2 APPENDIX C PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER DATE: 10.20.07 PM M, RAMSEY, M, HUSSION 1700 PM 1850 AM 0-5 VARIABLE 80 F RAINED EARLIER 30-40 % DRY, DROUGHT CONDITIONS OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD WHITE IBIS CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY COUNT 2 8 5 1 1 2 7 2 6 2 MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL APPENDIX C PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: DATE: OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: YAHL MULCHING COLLIER 10.28.07 AM M. RAMSEY, M, HUSSION 0700 AM 1015 AM 5-10 N 73 F NONE 10-20 % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD WHITE IBIS CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL COUNT 1 1 4 2 1 2 2 1 APPENDIX C PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER DATE: 11.11,07 AM M, RAMSEY, M, HUSSION 0610 AM 0945 AM 5-10NE 56 F NONE OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: 0% DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD WHITE IBIS CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY COUNT 2 2 4 2 2 1 2 2 1 2 1 MAMMALS COTTONTAIL RABBIT (Sylvilagus floooanus) RACCOON GRAY SQUIRREL APPENDIX C PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: YAHL MULCHING COLLIER DATE: 11,13.07 PM OBSERVER: TIME START: TIIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: M. RAMSEY, M. HUSSION 1530 PM 1830 PM 5-10 E NE 75 F NONE 30-40 % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD WHITE IBIS CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MAMMALS COTTONTAIL RABBIT (Sytvilagus fJoridanus) RACCOON GRAY SQUIRREL COUNT 1 1 3 4 11 2 1 2 2 Ecological. Environmental, Agricultural Land Management, Permitti A P PEN D I X 0 ENVIRONMENTAL CONSUL:I::~,~ Ram. Inc. LE -~- ~"'~---- LEP - Licensed Environmental Professional CWB . Certified Wildlife Biologist CFEA - Certified Florida Environmental Assessor REPA. Registered Environmental Property Assessor CEHP - Certified Environmental Health Professional OSHA 5 - Hazardous Materials Incident Commander E+mail; Ramsey.lnc@embarqrnail.com Office: 239.564.1660, Fax: 866,334.1496 26314.51. NW, Naples, FL 34120 www.ramseyinc.nCl PROTECTED SPECIES WILDLIFE SURVEY REPORT. SPRING 2008 PROJECT: YAHL MULCHING SDPA AR 7633 DATE: 06,15,08 BY: Michael R. Ramsey Ramsey lnc, Owner: Fillmore LLC (Yahl Mulching) County: Collier City: Naples Size: 28,8 acres Legal Descriptions: Pill 00341920409 2250 Washburn Ave; the SW '4 or the SW '4 Section 31; Township 49, Range 27 INTRODUCfION The applicant Yahl Mulching has applied to the Collier Co, Government, the Soulh Florida Water Management District (SFWMD) and US Army Corps of Engineers (USACOE) to expand its existing operation of mulching and recycling of vegetative material in Collier Co. (Figure I), The following protected specieslwildlife survey report was done to meet the submission requirements for each agency. This report evaluates if the ahove described project property is utilized by any protected species listed by the Florida Fish and Wildlife Conservation Commission (FWC) and the US Fish and Wildlife Service (FWS), A protected specieslwildlife evaluation for this property was conducted in 2000, 2006 and Fall 2007, this report follows up on those 3 previous reports. METHODS First, the project properties were surveyed and a map prepared of the habitat types on site, Second, the official lists of protected species were obtained from each of the agencies (FWC & FWS), The FWC list all species classified as protected by the state of Florida government. The FWS list all species that are classified as protected in the state of Florida by the United States government. Third, each species on each list was researched as to county of occurrence and required habitat in the literature. Last, all species that were indicated as being found in Collier Co. and having a habitat type that occurred on the project properties were searched for by surveys on the project properties, RESULTS Survev Dates. This property was initially evaluated for the presence of protected species in 2000, Collier Co, Government Natural Resources Division concluded there was no issue with protected species on this site and issued approval to move ahead with a site development plan in the Conditional Use Permit proceedings, The area was resurveyed in 2006 for the presence of protected species for the SFWMD and USACOE, The SFWMD found no issues with protected species and issued their permit #] ] ,02649-P on ] 5 March 2007, The USACOE is still evaluating their permit application at this time. The project properties were visited on: October] 4 - December 30 in the year 2000; and resurveyed on the dates: 09115,09123,09130, ]0/05, 101]2, 11105, 11126, ]2/09 and ]2117 in 2006. In 2007 the project area was visited on 09123-24, 09129, 10106, ]0120, 10128, ] Ill] and 11113, For this survey period Spring 2008 the property was visited on 04102, 04i04, 04106, 04126, 05114, 05118 and 05125, Surveys were done in the morning (AM) 2-3 hours after sunrise and in the evening (PM) 2-3 hours before sunset. Survey routes are shown in Figure 2. YBbl Mulching SDPA AR 1633 Spring 2008 Pro(ecl.ed Species Report 15 June 2008 Pagc2 APPENDIX D Habitat. The Florida Land Use, Cover and Forms Classification System (FLUCFCS) was utilized to produce the habitat maps for the project properties, The habitat or FLUCFCS maps are depicted in Figure 2 for the Yahl Mulching project. Table I below indicates the acres for each habitat type, Table 1. FLUCFCS acres for the Yahl Mulching and Recycling property, ID# Acres FLUCCS # Habitat Tvpe 1 2,6 111 Single Family Residence 2 3,2 152 Timber Processing 3 0.5 624/743 Pine/CypresslPalmlspoil piles 4 1.6 621 Cypress 5 7,0 624 Pine/CypresslPalm 6 0.8 624/8146 Pine/CypresslPalm impacted by road clearing 7 1.1 624 Pine/CypresslPalm 8 0,3 434 Hardwood Conifer 9 4,7 624 Pine/CypresslPalm 10 34 624/742 Pine/CypresslPa]m impacted by borrow pit excavation 11 24 621 Cypress 12 0,5 8]45 GradedlDrained Road 13 0,7 8145 GradedlDrained Road The Yahl property has been impacted by road construction on the north, south and west sides of the property, This construction has effectively cut nff sheet flow across the property, except for unusually high rainfall events, Impacted hydrology appears to be the cause of the pine trees being present with present in cypress transition areas in the 624 habitats. It is also the reason for the heavy melaleuca infestation in the 624 areas to be preserved. This area has been slowly drying out over time, In the site development plan the applicant will be impacting 6.37 acres of wetlands at the northwest corner of the property (adjacent to the road. Figure 3) and preserve approximately 11.73 acres to the south of the operations area that will he rehydrated and enhanced (Figure 3), Rehydration is anticipated to greatly improve the vegetative conditions and make it more attractive to wetland wildlife, StatelFederal Protected Species Listed. The FWC list was published in November 2007 and lists 118 animals as protected in the State pf Florida and is attached as Appendix A, Based on general habitat requirements, historic distributions and actual sightings, the FWC lists 52 animal species that may occur in Collier County, There are 51 species that are vertebrates and] invertebrate. The 52 species are listed in Figure 4. The FWS list is updated daily on their website, The May 2008 list totals 112 animal and pIant species as protected in the State of Florida and is attached a.\ Appendix B, Based on general habitat requirements, historic distributions and actual sightings, the FWS lists 26 species (26 animals and no plants) that may occur in Collier County. Species for Collier Co, are listed in Figure 4 also, Site Survev Results. Figure 5 indicates the cumulative total of all species observed over 10 survey events, Daily field sheets are located in Appendix C, Overall, 21 species were noted, 17 bird species, 3 mammals and 1 reptile, The most frequent bird species observed was mourning dove with 67 observations and for mammals - gray squirrel with IS observations. Species Results. Gopher Frog/Rana capito: Prefers dry sandy, upland habitats adjacent to wetland areas, This type habitat is not present onsite, or adjacent properties and no individuals were observed on site, Changes in the project property will have no effect on this species, Yahl Mulching SOPA AR 1633 Spring 2008 Prolected Species Report 15 June 200S Page 3 APPENDIX D Cape Sable seaside sparrowlAmmodramus maritimus mirabilis: Currently inhabits seasonally inundated freshwater interior marshes within Everglades National Park and Big Cypress National Preserve in Monroe and Dade County, Last documented in Collier Co, in 1979, This habitat is not present onsite and no individuals were observed on the property, Florida Grasshopper sparrow/Ammodramus savannarum floridanus: Prefers large areas of frequently burned dry prairie habitat, with patchy open areas sufficient for foraging, This habitat type is not present onsite and no individuals were observed on the property, In addition, this species has not been observed since 1955 in Collier Co, Changes in the project property will have no effect on this species, Florida scrub jay/ Aphe/acama eaeruleseens: Prefers low growing scrub oak plants, This habitat is not present onsite and no individuals were obscrvcd on the properties, Changes in the project property will have no effect on this species, LimpkinJAramus guarauna: lnhahits mangroves, freshwater marshes, swamps, springs and spring runs, and pond and river margins, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Florida burrowing owl/A/hene cUllieulariaflaridana: Prefers habitats of high, sparsely vegetated, sandy ground, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Ivory-billed woodpeckerl Campephilus prine/palis: This species is considered to be extinct but is still listed, Known to prefer swampy forests, especially large bottomland river swamps of coastal plain and Mississippi Delta and cypress swamps of Florida. This habitat is present onsite, but no individuals were observed on the properties, Changes in this property will have no effect on this species, Cuban-/snowy plover, Charadrius alexandrillus: Prefers dry, sandy beaches, where they nest in shallow depressions, usually near some vegetation or debris, This habitat is not present on site and no individuals were observed on the properties, Changes in this property will have no effect on this species, Piping plover/Charadrius me/adus: Prefers open, sandy beaches and on tidal mudflats and sandflats along the coasts, This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species, Kirtland's warbler lDendraica kir/landii: Nests in nearly homogeneous stands of usually 30 ha or more of dense scrubby jack pine, Florida maybe a migration stop between Michigan and the Bahamas, Individuals may flay straight through, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Little blue heronJEgrella caerulea: Feeds in shallow freshwater, brackish, and saltwater habitats. Nesting colonies usually occur in coastal areas, but prefers foraging in freshwater lakes, marshes, swamps, and streams, Nests in a variety of woody vegetation types, including cypress, willow. maple, black mangrove, and cabbage palm, Usually breeds in mixed-species colonies in flooded vegetation or on islands. Nesting habitat is present onsite, but no other nesting of other wading bird species has been observed, No individuals or nests werc observed on the property, Changes in this property will have no effect on this species. It is planned to rehydrate approximately 12 acres of forested wetlands in a preserve area, This improvement in habitat conditions may encourage use. Reddish egretJEgretta rufescens: Typically prefers coastal mangrove islands, or in Brazilian pepper on manmade dredge spoil islands, near suitable foraging habitat. Generally forages in shallow water of variable salinity, Broad, open, marine tidal flats and shorelines with little vegetation are ideal feeding areas, Also important are salt evaporation pools and lagoons, often located inside mangrove keys or just inside shoreline on mainland, This Yahl Mulching SDPA AR 1633 APPENDIX D Spring 2008 Prole"od Spode> Roport 15 June 2008 Page 4 habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Snowy egretJEgretta thula: Nests both inland and in coastal wetlands with nests placed in many types of woody shrubs, especially mangroves and willows; usually over shallow waters, Almost all nesting is over shallow waters or on islands that are separated from shoreline by extensive open water. Feeds in many types of permanently and seasonally flooded wctlands. streams, lakes, and swamps, and in manmade impoundments and ditches, Breeding success is tied to water-level fluctuations, Preferred nesting habitat is not present on site, There are no permanently inundated areas on site. Seasonally flooded areas are very short in duration, No individuals or nesting were observed on the properties, Changes in this property will have no effect on this species, It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area, This improvement in habitat conditions may encourage use. Tricolored heron/Egretta tricolor: Most nesting colonies occur on mangrove islands or in willow thickets in fresh water, but nesting sites include other woody thickets on islands or over standing water, Prefers coastal environments, Feeds in a variety of permanently and seasonally flooded wetlands, mangrove swamps. tidal creeks, ditches. and edges of ponds and lakes, Preferred nesting and feeding habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area, This improvement in habitat conditions may encourage use, White ibis/Eudocimus albus: Found in a wide variety of habitats, including freshwater and brackish marshes, salt flats and salt marsh meadows, many types of forestcd wetlands, wet prairies, swales, seasonally inundated fields, and man-made ditches, The forested wetland habitat is present onsitc and targeted to be preserved and enhanced, No individuals or nests were observed in the property. Changes in this property will havc no effect on this species, It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area, This improvement in habitat conditions may encourage use. Peregrine falcon/Falco peregrinus: The Peregrine Falcon frequents open areas like marshes, fields, swamps, and tidal areas, Since its reintroduction into the eastern United States, however, the Peregrine Falcon has colonized many urban areas because of increased nesting sites (and nesting ledges being created on buildings), This species is considered to be recovered and is waiting for delisting, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species. Southeastern American kestrel/Falco sparverius paulus: Found in open pine habitats, woodland edges, prairies, and pastures throughout much of Florida, Nest sites are tall dead trees or utility poles generally with an unobstructed view of surroundings, Kestrels are not known to nest in Collier County. Most individuals are migrants from the north. No individuals or nests were observed on the properties, Changes in this property will have little to no effect on this species, Florida sandhill crane/Grus canadensis pratensis: Habitat: Prairies, freshwater marshes, and pasture lands, Avoids forests and deep marshes but uses transition zones and edges between these and prairies or pasture lands. This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, American oystercatcherlHaematopus palliates: Habitat: Coastal waters. This habitat is not present ansite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Bald eaglc/Hallaeetus leucocephalus: According to the FWC eagle website, only I nest (CO 015) is within I mile of this project. A map of this nest location is presented in Figure 6, The location of this nest was field verified and it is activc. It is approximately 4,270 feet form the project. It is within the South Belle Meade Boundary, but it is in private ownership. FWC records indicate that it has been active since the year 2000, The Yahl Recycling Yahl Mulching SDPA AR 7633 Spring 2008 Protected Species Report 15 June 2008 Page 5 APPENDIX D project has been in operation prior to 2000, Highway 1-75 is also between the Yahl project and the designated eagles nest. The proposed project is not in the primary zone, but it is in the secondary zone, No individuals or nests were observed on or utilizing the property, The distance of the nests from the project, coupled with the fact that activity form I -75 has not presented any problems indicates that proposed changes in this property will have little to no effect on this species, On a larger scale the FWS has delisted the Bald Eagle, Wood storklMycteria Americana: Nests colonially in a variety of inundated forested wetlands, including cypress strands and domes, mixed hardwood swamps, sloughs, and mangroves, Forages in 6-15 inches of surface water. The preferred nesting habitat is present onsite, but the surface water does not get very deep on the property during the year due to the impacts of road building changing the hydrology. No individuals or nests were observed on the properties, Changes in this property will have no effect on this species, It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use. Brown pelicanlPelecanus oeeidentalis: Habitat: Mainly coastal, feeding in shallow estuarine waters, and (less often) far offshore, , This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species, Red-cockaded woodpecker/ Pieoides borealis: Habitat: Inhabits open, mature pine woodlands that have a diversity of grass, forb, and shrub species. Prefers mature slash pine uees that are generally larger than 12 inches in diameter, a wide spacing of trees, no subcanopy and relatively dry conditions, The preferred habitat is not present onsite, No individuals wcre observed on the property, Again for this survey all pine trees were inspected for nest cavities or start holes and none were found, Changes in this property will have no effect on this species, Roseate spoonbill/Platalea ajaja (Ajaia ajaja): Habitat: Primarily nests in mixed-specie., colonies on coastal mangrove islands or in Brazilian pepper on man-made dredge spoil islands near suitable foraging habitat. Does feed in forested wetland habitats with slow moving water. Although forested wetland type habitat present, hydrology has been so impacted it is very low quality, No individuals or indications of this species were observed on the properties, Changes in this property will have no effect on this species, It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area, This improvement in habitat conditions may encourage use. Crested caracara/Polyborus plancus audubonii (Caracara cheriway): Open counuy, including dry prairie and pasture lands with cabbage palm, cabbage palm/live oak hammocks, and shallow ponds and sloughs. Preferred nest trees are cabbage palms, followed by live oaks, This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species, Everglades snail kite/Rostrhamus sociabilis plumbeus: Habitat: Large open freshwater marshes and lakes with shallow water, This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect nn this species. Black skimmer/Rynchops niger: Habitat: Coastal waters, including beaches, bays, estuaries, sandbars, tidal creeks (foraging), and also inland waters of large lakes, phosphate pits, and flooded agricultural fields, This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species, Least tern/Sterna antillarun!: Habitat: Coastal areas throughout Florida, including beaches, lagoons, bays and estuaries. Increasingly use artificial nesting sites, including gravel rooftops, dredge spoil islands or other dredged material deposits, construction sites, causeways, and mining lands, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Roseate tern/Sterna dougalli (Sterna dougallij dougaIlii): Habitat: Nest sites include bare limestone, shell-sand beaches, newly deposited rock and marl fill, dredge material, and heaps of broken coral deposited by storms, This Yahl Mulching SOPA AR 7633 Spring 2008 Protected Species Report 15 June200S Page 6 APPENDIX D habitat is not present onsite and no individuals were observed on the properties, have no effect on this species, Changes in this property will Bachman's warblerlVermivora baehmanii: Historic records indicate the Bachman's warbler nested in low, wet forested areas containing variable amounts of water, but usually with some water that was permanent, This species is considered extinct in Florida. This preferred habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Smalltooth sawfish/Pristis peer/nata: Habitat: Shallow coastal, estuarine, and fresh waters; often in brackish water near river mouths and large embaymenlS, in deeper holes on bottoms of mud or muddy sand, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Rivulus (mangrove rivulus)IRivulus mannoratus: Habitat: coastal, appears to prefer red mangrove (Rhizophora mangle), This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Sei whale!Balaenoptera borealis: Habitat: Pelagic, marine, Generally, in deep water; along edge of continental shelf and in open ocean, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species. Fin whale (finback whale)/Balaenoptera physalus: Habitat: Pelagic, marine, Usually found in largest numbers 25 miles or more from shore, This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species North Atlantic right whalelEubalaena glacialis (Balaella glacialis lind, australisjJ: Hahitat: Inhabits near shore and offshore waters, Mainly coastal in the North Atlantic. This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species Florida mastiff batJEumops glaucinus flor/danus: Habitat: Roosts in palms and hollow trees and in buildings, Forages high in air over natural as well as human-altered landscapes, Minimal preferred roosting habitat is present onsite, No individuals were observed on the properties or surrounding areas during surveys, Changes in this property will have no effect on this species. Humpback whale/Megaptera novaeangliae: Habitat: Pelagic and coastal waters, sometimes frequenting inshore areas such as bays, This habitat is Dot present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Caribbean monk seallMonachus tropicalis: Habitat: Marine areas, Shallow lagoons and reefs, sandy beaches, and permanent islets or beaches above high tide, Mainly west coast of Florida and Caribbean, This habitat is not present on site and no individuals were observed on the properties. Changes in this property will have no effect on this species, Everglades mink/Mustela vison evergladensis: Habitat: A variety of wetland communities, including salt marsh, freshwater marsh, cypress swamp, and hardwood swamp, There is very little of the preferred habitat is onsite. However, no individuals were observed or, indicators of the presence was noted on the property. Changes in this property will have no effect on this species, It is planned to rehydrate approximately 12 acres of forested wetlands in the preserve area. This improvement in habitat conditions may encourage use, Sperm whalelPhyseter macrocephalus: Habitat: Pelagic, prefers deep water, sometimes around islands or in shallow shelf waters, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, -~-,,~-~---~-_.~-- . -"~~._._._>'.,~".-". Yahl Mulching SDPA AR 7633 Spring 2008 Protected Species Report ]5 June 2008 Page 7 APPENDIX D Florida panther/Puma (Felis) concolor coryi: Habitat: Requires exteosive blocks of mostly forested communities, The FWC panther telemetry database form 1981-2007 indicates no utilization of this property (Figure 7), The forested habitat panthers utilize is present ousite. No individuals or indicators were observed on the property. Planned changes in this properly will have no effect on this species, However, this properly is considered to be in the area of the Primary Panther Habitat Zones articulated by FWS (Figure 8), This issue is currently being evaluated by USACOE and FWS for proposed mitigation, FWS has indicated that this area has little value to the panther since it is on the edge of the Primary Habitat Zone and bordered by 1-75, Proposed changes to the property are expected to have little to no effect on this species, Big Cypress fox squirrellSciurus niger avicennia: Habitat: Sandhills (high pine), pine f1atwoods, and pastures and other open, ruderal habitats with scattered pines and oaks, Depends on a variety of oak trees for seasonal food and nest material. Longleaf pine cones and seeds are important foods, This habitat type is present onsite, but very few oak trees, No individuals were observed on the properties. Changes in this property will have no effect on this species. Creation of the preserve area may encourage utilization. Florida/West Indian manatee/Trichechus mana/us laliroslris (Trichechus mallalus): Habitat: Coastal waters, bays, rivers, and (occasionally) lakes, Requires warm-water refugia such as springs or cooling effluent during cold weather. Sheltered coves are important for feeding, resting, and calving, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Florida black bear/Ursus arnericanus f1oridallus: Habitat: A wide variety of forested communities is needed to support the varied seasonal diet of black bears, Forested wetlands are particularly important for diurnal cover. This habitat is present onsite. Howevcr this area is bordered on the south by 1-75 which greatly deters access, No individuals or indices were observed on the properties, Figure 9 indicates black bear telemetry locations form 1983-2000 as collected by the FWC, The closest bear location was 3600 feet from the property however it is south of 1-75 and excluded from the property, North of 1-75 the closet telemetry location was approximately 5900 square feet. Figure 10 indicates the locations of nuisance issues from 1980-2006 according to the FWC, Generally, there has been no telemetry or nuisance issues on or immediately around the project property, Personal communication with the Naples FWC office revealed that only 2-3 nuisance complaints for black bears had been lodged for this general area since 1991 and they were in the last 2 years. Changes in this property will have no effect on this species. Creation of the preserve area may encourage utilization, but is not expected to. American alligatoriAlligawr mississippiensis: Habitat: Most permanent bodies of fresh water, including marshes, swamps, lakes. and rivers. Occasionally wanders into brackish and salt water but rarely remains there, Protected classification is primarily due to similarity of appearance with the American Crocodile, This Species is considered recovered in Florida. Habitat is not present ansite. No individuals were observed on the properties. Changes in this property will have no effect on this species, Loggerhead seaturtle/Caretta carella: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species. Green seaturtlel/Chelonia mydas: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species. American crocodile/ICrocodylus aCUlUS: Habitat: Coastal estuarine marshes, tidal swamps, and creeks along cdges of mainland and islands. Usually associated with mangroves, Nests on beaches, stream banks, and levees, This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Yahl Mulching SDPA AR 7633 Spring 2008 Protected Species Repon 15 June 2008 Page 8 APPENDIX D Leatherback seaturtle/Dennocheiys coriacea: Habitat: Marlne coastal and oceanic waters; nest on coastal sand beaches, This habitat is not present onsite and no individuals were ohserved on the properties, Changes in this property will have no effect on this species, Eastern indigo snake//Drymarchon corais couperi: Habitat: Broad range of habitats, from scrub and sandhill to wet prairies and mangrove swamps, In northern part of range, often winters in gopher tortoise burrows in sandy uplands but forages in more hydric habitats, This hahitat is not present onsite and no individuals were observed on the property, Also, no gopher tortoise burrows were discovered, Changes in this property will have no effect on this species, It is expected that the planned rehydration of this area will further discourage possible utilization, Hawksbill seaturtlellEretmochelys imbricala: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches, This habitat is not present onsite and no individuals were ohserved on the properties, Changes in this property will have no effect on this species, Gopher tortoise/Gopherus polyphemus: Habitat: Typically found in dry upland habitats, including sandhills, scrub, xeric oak hammock, and dry pine flatwoods; also commonly uses disturbed habitats such as pastures, old fields, and road shoulders, Typical habitat not present onsite, No burrows or individuals observcd on site, Changes in this property will have no cffect on this species, It is expected that the planned rehydration of this area will further discourage possible utilil,ation Kemp's ridley seaturtle/ILepidochelys kempii: Habitat: Marine coastal and oceanic waters; nest on coastal sand beaches. This habitat is not present onsite and no individuals were observed on the properties, Changes in this property will have no effect on this species, Plorida tree snailllLiguusfascialus: Habitat: Tropical hardwood hammock (rockland hammock), This species prefers smooth-barked trees. This habitat is not present onsite and no individuals were observed on the properties. Changes in this property will have no effect on this species CONCLUSIONS The majority of habitat on site is 624 pine, cypress, palm, This habitat type appears to be the result of a hydrology impacts over a long period of time, which dried the area out and allowed slash pine to invade in cypress transition areas in the dry years, There was no indication of utilization of the 6,37 acres of 624 to be cleared by protected species, The approximate 11,73 acres that will be preserved and to be rehydrated has a great potentia' to improve the conditions of the area and increase wildlife utilization, Creation of the preservation area also insures that there will be a connection to the 1-75 drainage for "community flow way" to the north of this project. In addition, the preserve area will be protected by a permanent conservation easement with the SFWMD, The preserve area will also be managed for restoration of a natural association of vegetation and function. Overall, changes in this property will have little to no effect on protected species detected. Implementation of the preserve area, enhancement and rehydration of it will increase wildlife utilization and habitat quality on the property, especially for wetland oriented species; aud provide a permanent flow way for the natural flow of water form the north, This area is not expected to have a high increase in wildlife utilization due to the proximity to 1-75, Yahl Mulching SOPA AR 7633 Spring 2008 Protected Species Report 15 June 2008 Page 9 APPENDIX D REFERENCES Ashton, R. E" Jr., and P. S, Ashton, 1988a, Handbook of reptiles and amphibians of Florida, part 3: The amphibians. Windward Publ., Ine" Mianu, Florida. _' 1988b, Handbook of reptiles and amphibians of Rorida, part I: The snakes, 2nd ed, Windward Publ., Inc" Miami, Rorida, _' 1991, Handbook of reptiles and amphibians of Rorida, part 2: Uzards, turtles & crocodilians, 2nd ed, Windward Publ., Inc" Miami, Rorida, Barbour, D, B., and S, R, Humphrey. 1982, Status and habitat of the Key Largo woodrat and cotton mouse (Neotoma floridana smalli and Peromyscus gossypinus allapaticola), J Mammal. 63:144.148, Barnwell, M, E" p, A, Meylan, and T Walsh, 1997, The spotted turtle (Clemmys guttata) in central Rorida, Chelonian Cons, BioI. 2:405-408, Bartlett. R. D" and p, P. Bartlett. 1999. A field guide to Rorida reptiles and amphibians, GulfPubl. Co., Houston, Texas. Berner, L., and M, L. Pcscador. 1988, The mayflies of Rorida, Univ, Presses of Rorida, Gainesville, Birkenholz, D, E. 1963, A study of the life history and ecology of the round-tailed muskrat (Neofiber alleni), Ecolog, Monogr, 33:225-280, Bortone, S, A, 1989, Notropis melanostomus, a new species of cyprinid fish from the Blackwater-Yellow River drainage of northwest Rorida, Copeia 3:737-741.story, habitat assessment, and systematics of the blackmouth shiner (Notropis sp,), Blackwater River drainage. Final Rep, Nongame Wildl. prog., Rorida Game and Fresh Water Fish Comm" Tallahassee, Bouchard, R, W, 1978, Taxonomy, ecology and phylogeny of the subgenus Depressicambarus, with the description of a new species from Rorida and redescriptions of Cambarus graysoni, Cambarus latimanus, and Cambarus striatus (Decapoda: Cambaridae), Bull, Alabama Mus. Nat. Hist. 3:27-60. Bowen. p, J, 2000, Demographic, distribution, and metapopulation analyses of the burrowing owl (Athene cunicularia) in Florida, M,S, tbesis, Univ, Central Rorida, Orlando. Brady, J, T" T, H. Kunz, M, D, Tuttle, and D, E, Wilson. 1982, Gray bat recovcry plan, U,S. Fish Wildl. Serv" Denver, Colorado, Brim Box, J" and J. D, Williams, 2000, Unionid mollusks of the Apalachicola Basin in Alabama, Rorida, and Georgia, Bull. Alabama Mus, Nat, Hist, 21:1-143, Brody, R, W, 1990, Status of habitat and populations of Procambarus pictus in the North Fork of Black Creek, Clay County, Rorida, St. Johns River Water Management District, Palatka, Rorida. Brown. L. N, 1997. A guide to the mammals of the southeastern United States. Univ, Tennessee Press, Knoxville, Brown, W, S, 1993, Biology, status, and management of the timber rattlesnake (Crotalus horridus): a guide for conservation. Soc, Stud, Amphib, Rept. Herp, Circ. 22, Carle, F L., and M, L May, 1987, Gomphus (Phanogomphus) westfalli spec, nov, from the Gulf coast of Rorida (Anisoptera: Gomphidae), Odonatologica 16:67-75, Chace, FA" Jr. 1954, Two subterranean shrimps (Decapoda: Caridea) from Rorida and the West lndies, with a revised key to the American species, J, Washington Acad, Sci, 44:318.324. Chafin, L. 2000, Field guide to the rare plants of Rorida, Rorida Natural Areas Inventory, Tallahassee, Chase, C, A" and J. A, Gore, 1989, Snowy plover breeding distribution, Unpubl. final rept., Rorida Fish and Wildl.Conserv. Comm" Tallahassee, Choate, P. M, 1984, A new species of Cicindela Linnaeus (Coleoptera: Cicindelidae) from Florida, and elevation of C. abdominalis scabrosa Schaupp to species level. Entomol. News 95:73-82, Conant, R,. and J, T, Collins, 1991. A field guide to reptiles and amphibians: eastern and central North America, 3rd ed, Houghton Mifflin, Boston. Cox, J., D, lnkley, and R, Kautz, 1987, Ecology and hahitat protection needs of gopher tortoise (Gopherus polyphemus) populations found on lands slated for large-scale development in Florida, Nongame Wildlife Prog, Tech. Rep. no, 4, Florida Game and Fresh Water Fish Comm, , Tallahassee, Crance, J, H, 1986, Habitat suitability index models and instrearn flow suitability curves: shortnose sturgeon. U, S, Fish Wildl. Serv, BioI. Rep, 82(10,129), Deitz, D, c., and T, C, Hines, 1980, Alligator nesting in north-central Florida, Copeia 1980:249-258, Delany, M, F" and C. L, Abercrombie, 1986. American alligator food habits in north-central Rorida. J. Wildl. Manag, 50:348-353. Yahl Mulching SDPA AR 7633 Spring 2008 Prmccloo Species Report 15 June 2008 Page 10 APPENDIX D Delany, M, F" P,B. Walsh, B, Pranty, and D,W, Perkins, 1999, A previously unknown population of Florida grasshopper sparrow on Avon Park Air Force Range, Florida Field Nat. 27(2):52-56, Deyrup, M., and R. Franz (eds.), 1994. Rare and endangered biota of Florida, vol. IV: Invertebrates. Univ. Press of Florida, Gainesville. Dodd, C. K, Jr. 1988, Synopsis of the biological data on the loggerhead sea turtle Caretta caretta (Linnaeus 1758), U,S, Fish Wild!. Serv, BioI. Rep,88(14), Duggins, C. F., Jr., A, A, Karlin, K Relyea, and R, W, Yerger. 1986, Systematics of the key silverside, Menidia conchorum, with comments on other Menidia species (pisces: Atherinidae), Tulane Stud, Zoo!. Bot. 25(2):133- 150, Dunkle, S, W, 1989. Dragonflies of the Florida Peninsula, Bermuda and the Bahamas, Scientific Publishers, Gainesville, Florida, _,2000, Dragonflies through binoculars: A field guide to the dragonflies of North America, Oxford Univ. Press, New York, Dunn, J. 1999, National Geographic Society field guide to the birds of North America, 3rd ed, National Geographic Sac" Washington, D,C. Emmel, T. C., and M, C. Minno, ] 988, Habitat requirements and status of the endemic Schaus swallowtail in the Florida Keys, Final report, Florida Game and Fresh Water Fish Corrun., Tallahassee. Enge, K M" M, M. Bentzien, and F. Percival, 1986, Florida scrub lizard status survey, Tech, Rept. No, 26 to U,S, Fish Wild!. Serv" Jacksonville End, Sp, Office, Florida, Ernst, C, H" and R. W, Barbour. 1989. Snakes of eastern North America, George Mason Univ, Press, Fairfax, Virginia, Ernst, C. H" J, E, Lovich, and R. W, Barbour. 1994, Turtles of the United States and Canada, Smithsonian Ins!. Press, Washington, D,C, Ewert, M. A., and D, R, Jackson, 1994, Nesting ecology of the alligator snapping turtle (Macroclemys temminckii) along the lower Apalachicola River, Florida, Final Rep, NG89-020, Nongame Wildlife Prog, Florida Game and Fresh Water Fish Corrun" Tallahassee, Fitzpatrick, J, W., G, E, Woolfenden, and M, T, Kopeny. 1991. Ecology and development-related habitat requirements of the Florida scrub jay (Aphelocoma coerulescens coeruleseens), Nongame Wildlife Prog, Tech, Rep, no, 8, Florida Game and Fresh Water Fish Corrun" Tallahassee, Florida Fish & Wildlife Conservation Commission. 2003. Management Plan Red-Cockaded Woodpecker Picoides borealis, Tallahassee, F\. 78 pp. Florida Fish & Wildlife Conservation Commission, 2003, October 8, Florida's Waterbird Colony Locator. http://www.myfwc.comlwaders. Florida Fish & Wildlife Conservation Commission, 2006, Eagle nest locator. http://wld.fwc.state.fl.us/eagleJeaglenests. Florida Natural Areas Inventory. 1990. Guide to the natural communities of Florida, Florida Natural Areas Inventory and Florida Dept. Natural Resources, Tallahassee, Franz, R. 1986, The Florida gopher frog and the Florida pine snake as burrow associates of the gopher tortoise in northern Florida, Pp, 16-20 in D, R. Jackson and R. J, Bryant (eds,), The gopher tortoise and its corrununity, Proc, 5 th Ann, Mtg, Gopher Tortoise Council, Gainesville, Florida, Franz, R" and L. M, Franz, 1979, Distribution, hahitat preference and status of populations of the Black Creek crayfish, Procambarus (Ortmannicus) pictus (Decapoda: Cambaridae). Florida Sei. 42:13-17. Franz, R., and L. L, Smith. 1999, Distribution and status of the striped newt and Florida gopher frog in peninsular Florida, Final Rep, Florida Fish and Wild\. Cons, Comm, , Tallahassee, Gaby, R" M, p, McMahon, F, J, Mazzotti, W, N, Gillies, and J, R, Wilcox, 1985. Ecology and status ofa population of Crocodylus acutus (Reptilia: Crocodilidae) at a power plant site to Florida. J, Herpetol. 19:189-198, Georgia Department of Natural Resources, 1999, Protected animals of Georgia, Nongame - Endangered Wildlife Program, Wildlife Res, Div" Georgia Dept. Nal. Res" Social Circle, Gilbert, C. R, (ed.), 1978, Rare and endangered biota of Florida, vol. 4: Fishes, Univ, Presses of Florida, Gainesville, _(ed.). 1992, Rare and endangered biota of Florida, vo!. IT: Fishes, Univ. Press of Florida, Gainesville, Glassberg, J" M, C. Minno, and J, V, Calhoun, 2000, Butterflies through binoculars: a field, finding, and gardening guide to butterflies in Flonda. Oxford Univ, Press, New York, Gordon, M. E" and W, R. Hoeh, 1993, Anodonta heardi,a new species of freshwater mussel (Bivalvia:Unionidae) from the Apalachicola River system of the southeastern United States, Walkerana 7:265-273, Gore, J, A" and M, J. Kinnison. 1991. Hatching success in roof and ground colonies of least terns, The Condor 93:759- 762, Yah] Mulching SDPA AR 7633 Spring 2008 Prolected Species Report 15 June 2008 Page 11 APPENDIX 0 Guillory, V. 1979, Lake Eustis pupfish investigations, Florida Game and Fresh Water Fish Commission 1977-1979 Final Report: Study 1-N, Tallahassee, Guillory, V" and W, E. Johnson, 1986, Hahitat, conservation status, and zoogeography ofthe cyprinodont fish, Cyprinodon variegatus hubbsi (Carr), The Southwestern Nat. 31(1):95-100, Hall, E, R, 1981. Manunals of North America. 2 nd ed. John Wiley and Sons, New York, Harvey, M, J, 1992, Bats of the eastern United States. Arkansas Game and Fish Comm" Linle Rock, Hersh, S,L. 1981. Ecology of the Key Largo woodrat (Neostoma floridana smalli), J, Mammal. 62:201-206, Hipes, D" D, R, Jackson, K, NeSmith, D, Printiss and K. Brandt. 2001, Field guide to the rare animals of Florida Florida Natural Areas Inventory, Tallahassee, Hirth, H, F. 1971. Synopsis of the biological data on the green turtle Chelonia mydas (Linnaeus) 1758, FAa Fish, Synopsis 85, Hobbs, H, H" Jr. 1942, The crayfishes of Florida, Univ, Florida Publ., BioI. Sci, Ser. 3(2):1-179, Hoehn, T, S. 1998, Rare and imperiled fish species of Florida: a watershed perspective. Office Envir, Serv" Florida Game and Fresh Water Fish Comm" Tallahassee, Hovis, J, A" and M. S, Robson, 1989, Breeding status and distribution of the least tern in the Florida Keys, Florida Field Nat. 17(3):61-66, Humphrey, S, R. (ed,), 1992, Rare and endangered biota of Florida, vol. I: Mammals, Univ. Press of Florida, Gainesville Humphrey, S, R, 1988, Density estimates of the endangered Key Largo woodrat and conon mouse (Neotoma floridana smalli and Peromyscus gossypinus allapaticola) using the nested-grid approach, J, Manunal. 69(3):524-531, Humphrey, S, R., and H, W, Selzer. 1989, Geographic variation and taxonomic revision of mink (Mustela vison) in Florida, J, Manunal. 17:382-392, Hurst, H, N" G, Bass, and C. Hubbs. 1975, The biology of the Guadalupe, Suwannee, and redeye basses, Pp. 47-53 in R. H, Stroud and H. Clepper (cds,), Black bass biology and management. Sport Fishing Institute,Washington, D,C, Jackson, D, R" and R. 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Pimm, S, (ed,), 2000, The 2000 Cape Sable sparrow annual report, Accessed 2001 May 8, Poole, A., and F. Gill (eds,), 1992-2000, The birds of North America, The Academy of Natural Sciences, Philadelphia, and The American Ornithologists' Union, Washington, D,C. Post, W" and J, S, Greenlaw, 2000, The present and future of the Cape Sable seaside sparrow, Florida Field Nat. 28(3):93-11 0, Pranty, B, 1996, A birder's guide to Florida, American Birding Association, Inc., Colorado Springs, Colorado, Printiss, D, J" and D, L. Hipes, 1999, Rare amphibian and reptile survey of Eglin Air Force Base, Florida, Final report to V,S. Dept. of Defense, Florida Natural Areas Inventory, Tallahassee. Pritchard, p, C. H. 1989. The alligator snapping turtle: biology and conservation, Milwaukee Pub!. Mus., Milwaukee, Wisconsin. Quay, T, L., J, B, Funderburg, Jr., D. S. Lee, E, F, Potter, and C, S, Robbins (cds,), 1983, The seaside sparrow, its biology and management. Occ. Papers, North arolina BioI. Surv, North Carolina State Mus. Nat. Hist., Raleigh, Relyea, K., and B. Sutton, 1975, A new troglobitic crayfish of the genus Procambarus from Florida, (Decapoda: Astacidae), Tulane Stud, ZooL Bot. 19(1-2):8-16, Rice, D. W, 1957, Life history and ecology of Myotis austroriparius in Florida, J. Manunal. 38: 15-32, Robbins, C. S" B, Bruun, and H. S. Zim, 2001. Birds of North America: a guide to field identification, St. Martin's Press, New York, Rodgers, J, A" and H, T, Smith, 1995, Set-back distances to protect nesting bird colonies from human disturbance in Florida Conserv, BioI. 9:89-99, Rodgers, J, A., Jr., H, W, Kale II, and H, T, Smith (eds.). 1996, Rare and endangered biota of Florida, vol. V: Birds, Univ, Press of Florida, Gainesville, Robertson, W, B" Jr., and G, E, Woolfenden. 1992, Florida bird species: an annotated list. Florida Ornithol. Soc, Spec, Pub, no. 6: ix + 260, Roosenburg, W, M, 2000, Impact of a bycatch reduction device on diamondback terrapin and blue crab capture in crab pots, EcoL Applic, 10:882-889, Ross, J, p" S, Beavers, D, Mundell, and M. Airth-Kindree, 1989, The status of Kemp's ridley, Center Marine Conserv., Washington, D.C, Runde, D" J, Gore, J, Hovis, M, Robson, and P. Southall. 1991. Florida atlas of breeding sites for herons and their allies: update 1986 - 1989, Nongame Wildlife Program Tech, Rep, no, 10, Florida Game and Fresh Water Fish Corom" Tallahassee, Semlitsch, R. D, 1983. Structure and dynamics of two breeding populations of the eastern tiger salamander, Ambystoma tigrinum, Copeia 1983:608-616, Shealy, R. M, 1976, The natural history of the Alabama map turtle, Graptemys pulchra Baur, in Alabama. Bull. Florida State Mus" BioI. Sci. 21:47-11. Shriver, G. W., p, D, Vickery, and $, A. Hedges. 1996, Effects of summer bums on Florida grasshopper sparrows, Florida Field Nat. 24(3):68-73, Sibley, D, A, 2000, The Sibley guide to birds, Alfred A, Knopf, New York. Spotila, J, R" A, E, Dunham, A. J, Leslie, A. C. Steyermark, p, T, Plotkin, and F. V, Paladino, 1996. Worldwide population decline of Dermochelys coriacea: are leatherback turtles going extinct? Chelonian Cons, BioI. 2:209-222, Sprandel, G. 1.., J. A. Gore, and D, T, Cobb, 1997. Winter shorebird survey, Florida Game and Fresh Water Fish Comm. Final Perf. Rep, Tallahassee, Stevenson, H. M. 1970, Occurrence of the carpenter frog in Florida, Quart. J. Florida Acad. Sci, 32:233-235. _, and B, H, Anderson, 1994, The birdlife of Florida. Univ, Press of Florida, Gainesville. Stys, B. ]993, Ecology and habitat protection needs of the southeastern American kestrel (Falco sparvcrius paulus) on large-scale development sites in Florida. Nongame Wildl. Prog, Tech, Rep, no. 13, Florida Game and Fresh Water Fish Comm" Tallahassee, Telford, S. R, 1959, A study of the sand skink, Neoseps reynoldsl. Copeia ]959:100- 119. Tenant, A, 1997, A field guide to snakes of Florida, GulfPubL Co" Houston, Texas, Yahl Mulching SOPA AR 7633 Spring 2008 Prolected Species Report 15 June 2008 Page 14 APPENDIX D Timmerman, w, W, 1989, Home range, habitat use and behavior of the eastern diamondback rattlesnake, M. S, thesis, Un iv, Florida, Gainesville. Thaxton, ], E" and T. M, Hingtgen, 1996, Effects of suburbanization and habitat fragmentation on Florida scrub-jay dispersal. Florida Field Nat. 24(2):25-37, Toland, B, 1999a, Nesting success and productivity of Florida sandhill cranes on natural and developed sites in southeastern Florida, Florida Field Nat. 27(1):10- 13, _' 1999b, Nest site characteristics, breeding phenology, and oesting success of American oystercatchers in Indian River County, Florida, Florida Field Nat. 27(3): 112-116, Tuberville, T D., J, R. Bodie, 1. B, Jensen, L. LaClaire, and J, W. Gibbons, 2000, Apparent decline of the southern hog- nosed snake, Heterodon simus, J. Elisha Mitchell Soc, 116: 19-40, U,S, Fish and Wildlife Service, ]982. Stock Island tree snail recovery plan, U,S, Fish Wildl. Serv" Atlanta, Georgia, _.1984, American crocodile recovery plan (revised), U.S, Fish Wildl. Serv" Atlanta, Georgia, _.1987, Endangered and threatened wildlife and plants; proposed threatened status for two Florida lizards, Fed, Reg, 52(13):2242-2246, _. 1998a, Endangered and threatened wildlife and plants; 90-day finding for a petition to delist the Squirrel Chimney cave shrimp, Fed, Reg, 63:67618-67619. _' 1998b, Endangered and threatened wildlife and plants; determination of endangered status for five freshwater mussels and threatened status for two freshwater mussels from the eastern Gulf Slope drainages of Alabama, Florida, and Georgia, Fed, Reg, 63(50):12664-12687, _' 1 998c, Okaloosadarter (Etheostoma okaloosae) recovery plan (revised), U,S. Fish Wildl. Serv, Atlanta, Georgia, _.1999, Endangered and threatened wildlife and plants; final rule to list the flatwoods salamander as a threatened species, Fed, Reg. 64: 15691- I 5704, _. 1999, South Florida Multi-Species Recovery Plan V,S, Fish Wildl. 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Smith, and M. Robson, 2000, Summary of breeding roseate terns in the Florida Keys: 1974- 1998, Florida Field Nat. 28(2):64-68. PROJECT LOCATIOIAPPENDIX D 5 , o 5 10 15 Miles , Yahl Mulching Expansion Parcel, 2250 Washburn Ave., Sec. 31, Twn 49, Rge 27, totaling approximately 28.8 acres. YAHL MULCHING EXPANSION WASHBURN AVE, NAPLES, FL Ramsey Inc. Environmental Consulting 2631 4th St. Naples. FL 34120 239.564.1660 N W+E PROJECT: s Figure 1. Project Location Map in Collier County; UPDATED 12.29.06 FLUCCSNEGETATION MAP; SUAPPENDIX D 5 las 0.7AC i~ AC Il~ o. AC Ilf41S146 ItsAc N ~E S , , , SURVEY ROUTE ID. AC 'WCFCS I tJ ~:-.: HliI!= Hi m .. m launt == TOTAL ACRES 2LI PROJECT: YAHL MULCHING EXPANSION WASHBURN AVE NAPLES FL 100 , o 100 200 Feet Yahl Mull<hlng EXl!anslqn Pareel 2250 wr.shbum Ave., Sec. 31, Twn lI9, Rge 27, totaling approx mately 28.8 acres. Ramsey Inc. Environmental Consulting 2631 4th St. NW Naple!.FL 34120 239.5_.1660 Figure 2. FLUCFCSI Vegetation Map; Survey Routes. PRESERVE AREA MjAPPENDIX D .' ',', ... Co ~ '" .,.,.,)>.. $ .., '.1', 'I.' ... ,.. """. ". -00- ' "Ii! "'." ~.. .J. -I. ,~ .-"'" '" PRESERVE AREA PARCELID #4 621 #5 624 #6 624/8146 #9 624 #11 621 1.57 AC 2.82 AC 0.24 AC 4.70 AC 2.40 AC I TOTAL 11.73 AC PROJECT: YAHL MULCHING EXPANSION WASHBURN AVE NAPLES FL N W+E s Ramsey Inc. Environmental Consulting 2631 4th St. NW Naples, FL 34120 239.564.1660 Figure 2. Preserve Area Map. Vahl MJlI!:hln!l~ExDansill.n Parcel 2250 Wllshbltrn Ave., sec. 31, Twn&l9, Rge 27, totaling approximately 28.8 acres. LIST OF USFWS AND FWC PROTECTEAPPENDIX D FOR COLLIER CO., FL. AS OF 01/30/08 COMMON NAMe SC;IENTIP.C NAMe: DE8IGNATI!D IIlITATU. ZOOI 200B ..we ..we. AMPHIBIANS BQpnerfrog BIRDS C~pcS,.bIcSelsidcsp..rrnw Florida gnuhopper SPQfio,", F\Qrica scrub jay limpkin Florida burrowing owl ivory-bilk<! woodpecker Cuban-I snowy plover piping plover Kirtland"swarblcr linlc blue heron reddi.\.bcllfel SlIowycgrel uicoklredhcron whilClbu p""'il"lncfll.l<:oll SOlllheaslcrn Ameocan kesU'l:\ FIoridaundhiJ\cnmc Americanoyslercalcher baldeillle woodSlork brownpcliean red+GOCkadcdwood!)Cc~ ros.e,.lcspoonbill cn:stedcar&Cara EverllJadcssn:Uikilc blac..dcimmer lomsllem rnsuletern BllCbman',w:Ll'bkr ,.ISH smrJIloolh!lllwnsh rivuh..(m~grovcriV\,llu,) MAMMALS ad ",h.k fin whale (I1nback ""hill<:) North ACantic rij:hl whale Floridllmaniffbill humpb...kwhak C:uibbclUlmonl<5cal Everglades mink sperm whale Floridapan.lher BiQ: Cypress fo:l' squirrel FloridafWcMlndianmanalcc Flondablaekbe:or REPTILES American.lUplnt loUcmeads....lun.le grec:n..eaIUI1k: A:nmcsncrocodik lcathc:rbllck$ut\lrtlc Eastemmdigo,nllke hawk..sbiJIscatunlc gopherlortol$C Kcmp',ridlc:y SC<llunJ" INVER1EBRA'J'ES MOLLUSKS Floridllcree s,,";l PLANTS (NONE) Rontlr:tlpj/(J AmmOQ"Onml ",,,,I,ltIllU tIllrabili~ A.mmOQt"Qm"llo..onfloru",jIon'dnnus AphtlD~'OfntI ~.o"ru/tlJ~flfl1 A.'om"~8.."ra"na Alh,"'twniclllllria(A,hel1e cun/r;ularinJk>rid(Ulo) C<lmpeJ,"UwfJ'rinCip"/il Charnd6us ../uonQn'l'Iu~ Charanr/ulmfiloJus D"",lr"icakirlmH{/ii Egu(ltlco"....leo Egrt""ruf"sctlru Egullotnuw Er,rel/Olrkofor E..docim"solhul Fa/captugrlnu! Falco lpa",,,n'lI1 paulu! Cn.. c""..dtlnlls pr<lfuuis HtumOIOpllsptJIJ'nlus HalJtltlt'fIU k"coccph",lus M,,<,ur;,,,omtlrleoHo P"kcam'loccld"'nloJis Fico,d..sbor"tJlIs P/t:ltal"tJojeVafNalaojajn) PutybonlJ plQnt:lIs Qlldllbonli (Carllr;urach"riWl:l)') ROllrhnmlls sut'iabilis pl..mbr>l~ Rynchopsnjgu SIunaoml/la....m SI"m" dauS"I/J (Sum" tfrwgolUl dOHIi,,/{ii) V..,mivora bnchmanJi PrjJlIsp"cllnal" Ri"..Jus",,,'moratu.. Bal4lYlopuro boreolls /krlaMopura ph)"sall<.. Eubol~na 8lacioli.. (BalJuntl glada/i.. {ind."..../raJis]) EumUp.f glaudnusjlor1danllJ Mcgapurtl nO\la"fUIg1ia~ Monachus /Top/GoUS Mu..,,,.k1,,/son ,,""'rglad~"si~ PhySMcr milcroccpllahu P,,,,,,,(F,,Usj,'onca.lorcoryi SciUr>lJfl;guo"h'cnll;a Trlrnuhusl........OI..JltJllroslris (Trich<'chusmo1loms) U",U"am"ricun"sjloridan'Jj ....Jligalor".}nissippitllsis CtlUIUlm,eJ/n. Ch"krniamydt... Cro<CrJdylll"OCUl"$ O~rmocJ"li)'s eori"";"u DrymnrdlQn "ora;, ""upflri EU'l1Io"h~I)'1 Jmbric"la Caphcruspolyph,,"'us Upitloch"lysiempij Lig,msftuda'''$ SSC(l,2) E E T SSC(l) SSC(1) E T T E SSC(I,4) SSC(lA) SSC(l) SSC(l,4) SSC(2) E T T SSC(1,2) T E sse(!) sse SSC(lA) T E SSC(l) T T E SSC(1) E E E E E T E E T E T, 55C;(I,3) T E E E T E T E SSe(1) Proiect: YAHL MULCHING SDPA AR 7633 Figure 4. List ofUSFWS and FWC protected species for eollier Co" FI. Yahl Mulching Expansion Parcel, 2250 Washburn Ave" See, 31, Twn 49, Rge 27, totaling approximately 28,8 acres, E E T E T E E E T E T E E E E E E E TSIA T E.&T.. E E T E E Ramsey Inc. En\ironmenllll Consullinl!: 26314"'SI,NW Naples.A... 34J20 239564,1660 PROTECTED SPECIES/WILDLIFE FIELD sAPPENDIX D CUMLA TIVE TOTALS PROTECTED SPECIES SURVEY FIELD SHEETS PROJECT: COUNTY: DATE: OBSERVER: TIME START: TlIME END: WIND: TEMP: RAIN: CLOUD COV: WATER: COMMENTS: YAHL MULCHING COLLIER 04/02/08-05/25/08 ALL SURVEYS AM & PM TOTAL COUNT M, RAMSEY, M, HUSSION 0610 AM 2015 PM 0-15 61-88 F NONE 0-20 % DRY, DROUGHT CONDITIONS BIRDS RED SHOULDERED HAWK BLUEJAY CARDINAL PILEATED WOODPECKER CAT BIRD GREAT EGRET CATTLE EGRET MOCKING BIRD HAIRY WOODPECKER RED BELLIED WOODPECKER GRACKLE MOURNING DOVE VULTURE BLACK GROUND DOVE VULTURE TURKEY MALLARD DUCK MEADOW LARK MAMMALS COTTONTAIL RABBIT (Sylvilagus floridanus) RACCOON GRAY SQUIRREL REPTILE BLACK RATE SNAKE TOTAL COUNT 7 10 8 1 13 3 54 22 2 3 16 67 11 22 12 6 1 8 3 15 [Project: Y AHL MULCHING; Spring: 2008 Figure 5, Cumulative totals for Protected Species I Wildlife Survey, Daily field sheets in Appendix C. Yahl Mulching Expansion Parcel, 2250 Washburn Ave" Sec, 31. Twn 49, Rge 27, totaling approximatelv 28.8 acres. Ramsey Ine. En'lironmental Consulting 2631 4tll St. NW Naples. FL 34120 239.564,1660 - 111r- ~~~D~~GE NES~ LOC~.A~~END\I~ID . NEST LOI ATION 1-""1---, - f- ~" iI ~~ m~ ~e;~~~~~~/~~N;:r0 / '/~ ~0~Uh~ "/ '/ '/ '/ '/ V~ / '/ r/// "0 v/ '//77 '/ ://V '/ '//1//// 1/~V:;;i7/?;r"2'}{' ~//// '/ 7/ '/ / // 7 '/ / '7/ / / / / . / / V j / / '/ '7 i/ / /~ ~ "///7 /. '/ r// '7 '/'>/// , :;;;;;,V~ 'i, ~ ~0W ~; ~;;\<; Y7"'l::t<< '/'/~I// V~ 'l~V&/ /'/w0<< 1;// ~V/~~vtV ~ 0~~ -~~ t;~t1jr//V.~0~~~~;;/;Y//~/~~~~ ~/1;0~vr~-ij~~~X /1/ '77v/v/// ~~ -~~~~~i;~~~~~~o/~~J0~~~~ 7/~~t;[j;:];1/ ~:(/~ r/[/I;/ :;;:/ :/f//~/l//<<~ m~1vr/~~<<~@ V 'mv~~v/~~r;;~ ~ '// ;jv;a:~~~rN'~~ /~~~~0~~~ ~ ~r~ /1v[;Y/~ 'hr:;;: all/-r/// //////1////,:77// " /(/ N PROJECT: YAHL MULCHING EXPANSION W~E WASHBURN AVE. NAPLES. 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Q ~~~H":'~" Ci'xxpX:X x x I x x X X x"')('X..x X )< , :x ~. K; ''Xl X x 'X> * x' , " '~"':?<?<.~H .,)('x, S(. ~"''''') .)< ,X. ,:>r,,><.,)<<'::.fo ~)<. ~.~ ~ !," ;..J .~ X ';(<' ~xx.x I 1'<x rP .-oJ': .. )< . .x X )( f , ~ x. X ?<x 'I ~;X)< ~' :x iK)( ~ x~!x 1 ~ ~ :0x?x lXXYx ~ 'I ~~YXXX!'D t-- ..------~""-)t 35 _. ~ __.,1" '7'WA'bJ'I....'~ "M<' I'i~jr ~_ ~J _"'#.Ql.O....R..2.-- - _7 I 1.l ~ ( ? I' ; .t ;;;~::~; )1 3 i iY:;~" 7 i __4/ I 23 26 -~.::::~~?---.- -- 2 , 11 ! &00.0",',-",; . "'''''''' T I .. 0 2,500 5,000 , G9lDEl!IloAT~__..___ 13 24 25 6 f/ '? 12 10,000 19 30 SUBJECT I PROPERTY 6 7 18 Attachment I Fillmore Recycling GMPA Comprehensive Plan Amendment Public Facilities Exhibff N A E~.1\ --.----._-- .....ENI6> Lobi>", 8'o<>eh ~~ ________..,jii! 17 16 20 21 Letend CSU~i"QP"'ll<'''\ T~"'''i<l -uu...... S~CT'O"S ._w,~_,_,_..__ ..~ Cj,8'or'lut;:...ogh~on~.'" _n"'<loo5potl>Pe" _Go...."GaI."""."'.""r""",,{.o""p... _ Gol~" G.,. Cg."m"~.,y':......, _Gol<I"G.!t.~''''''"n~y''.'''' _ ...... ~ "._ Jr Comn'"n,'~ p~", _...,"'SI""'Il'...."l~'''''''ah'" . """e.t.,nNo.g!loomo<><<"'" Dl.""~1 -. ,- $~C:T DSCI'lWTP w.f.rOls. .'K dCoU""C"~"i""'l1Ir-$."'.'[nW'<1 DFG"/i.S<.""a."~~ *".~ ..- Go..." ""..;(, 51,'10'-.', . '''''''''I + E't~Sla~r,n, .t <,CI-<OOlS -~-..- eo.,..c.,,,"',Ma,,..q...... :0."eo""'y I'lo..o. P1SClt,ll.I~R "\"I~''l(I>'''''Ot<'...<Ial>....~.............'"...-.,'' 'r.. nIo<n...""'..doo<._Ifon1"""'.IJIlo~"""""'"".._'\n' llt-,,,,,'..... .~1bOo..lOOO.....<<..""'O'"WJ., I.... T...._ ""po<;lltCIO,lo"""V"'~_""lo-.1'<Iar.I'oOl~'" "'-'<II'_lO'.n<lI""P"."O",",,"'O"."""''''' RW..,,,,,.,.._. ro""'.""$j>O''''D.",'''':/'l<I'''''''"'lOf>~ont"...." 15,000 ,Feet D'lTA'" C"O....Sl"LTI...c. .&.~, U..a. .P~nn'ftl' ,V"b"l.'.'lNl C,vil ""!""ce<m<~ '~."eyih" & M"""IIIl' Ptelll/llell By ffTIjOO&S P'rlllhngDa\e Aprll30,2()09 F,le T\PfOjeets\Ptc,eets\O&10730000\RevOO\FaCl"lIesm~d Omega Consulting Group TRAFFIC IMPACT STATEMENT FILLMORE RECYCLING CPA May 2009 White Lake Boulevard Collier County, Florida Prepared For: John & Teresa Fillmore Fillmore LLC Clo Yahl Mulching 2250 Washburn Avenue Naples, FL 34117 Prepared By: Omega Consulting Group, LLC Altaehmenl J Traffic Impact Statement Project # R900S.02 336\ Wood. Edg, Circl" Unit 101, Bonita Spring., florid. 34114 INTRODUCTION AND SUMMARY Omega Consulting Group, LLC is providing this update to the Comprehensive Plan Amendment Traffic Impact Statement (TIS) previously prepared by Vanasse & Daylor, LLP for the Fillmore Recycling, The purpose of this study is to provide Collier County with sufficient infonnation to assure that traffic-related impacts are anticipated and that effective mitigation measures are identified for the proposed development. The Fillmore Recycling facility is located northeast of 1-75 & Collier Boulevard interchange to the southeast of the Collier County Landfill on Washburn Avenue in Township 49, Range 27, Section 31 in Collier County, The site area is approximately H 6 acres and is currently utilized as recycling facility for yard waste, The site will have one full-movement site access onto White Lake Boulevard, Only traffic generation, distribution, AM and PM traffic assignments, significance test and roadway link analyses have been prepared for this study, For purposes of this evaluation, the Buildout Year was assumed to be consistent with the Collier County 2014 plarming horizon, CONCLUSIONS, RECOMMENDATIONS AND MITIGATION The analysis indicated that the estimated Fillmore Recycling facility site-generated trips are projected to be de minimus (less than 1%) on Collier Boulevard, All roadway segments are projected to operate within their maximum service volume (Sfo~nax) or Level of Service Standard (LOS), As shown in Table 5, the levels of service for all links in the area of the project are projected to meet the level of service standards computed by the AUIR Tables for PM Peak Hour with Buildout Year Total Traffic, Therefore, no off-site improvements are projected to be required for this project. The developer proposes to pay the appropriate Collier County Road Impact Fees, R9005 CPA TlS.OOJ.doc PROPOSED DEVELOPMENT EXISTING LAND USE The Fillmore Recycling facility is located northeast of 1-75 & Collier Boulevard interchange to the southeast of the Collier County Landfill on Washburn Avenue in Township 49, Range 27, Section 31 in Collier County. The site area is approximately 0016 acres and currently utilized as recycling facility for yard waste, One full-movement access onto White Lake Boulevard is proposed, AREA CONDITIONS SITE ACCESSIBILITY AREA ROAD SYSTEM The existing roadway conditions for the area of the project were used to provide the base Buildout roadway network. Exhibit 1 shows the existing roadways in the vicinity of the project. The roadway system inside the study area consists of the following arterial and major collector roads and streets: Collier Boulevard (CR 951) Collier Boulevard (CR 951) in the study area will be a north-south four and eight lane divided arterial roadway under county jurisdiction, The roadway alignment is fairly level and tangent. The speed limit is posted at 45 miles per hour (mph), White Lake Boulevard White Lake Boulevard in the study area is an east-west two-lane local roadway that terminates at Collier Boulevard, The roadway alignment is fairly level and tangent. Thc speed limit is 30 mph, R9005 CPA TIS.Q01.doc 2 COMMITTED ROADWAY IMPROVEMENTS Roadway improvements are constructed to alleviatc current area road deficiencies and to support future area development. For purposes of this study, a "committed" roadway improvement means that the characteristics of the higher-level facility lllay be used in the reserve capacity estimates, Since this is a Comprehensive Plan Amendment TIS, roadway improvements that are currently under construction or are scheduled to be constructed within the FY 2009 to FY 2011 time frame were considered to be committed improvements. These were identified in the Collier eounlV 2008 Annual Uodate and Inventory Reoort (AUIRj . a-lane expansion of Collier Boulevard near 1-75 interchange and 8~lane to 4-lane converge near the main Golden Gate canal is anticipated to be under construction in 20 I 0 TRIP GENERATION Site-generated trips were estimated using the anticipated operational characteristics of the site and the expected daily hours of operation, Approximately 500 weekly and 100 daily truck trips are estimated for the existing yard waste recycling facility entering and exiting the Fillmore Recycling site. Approximately 10% ofthc trips are estimated to be from private individuals with 90% coming from conunercial sources, It is estimated that about 50% of site truck trips are to and from the nearby existing land fill sIte on White Lake Boulevard. The remaining 50% trips are projected to use Collier Boulevard directly to/from the project site, The proposed construction debris recycling facility is projected to gcneratc an additional 150 daily truck trips, It is anticipated that the distribution between private individuals and conunercial sources would be similar, The existing yard waste recycling facility operatcs with 15 full-time cmployecs, An additional 10 full-time employees will be required to operate the proposed construction debris recycling facility, Operating hours are anticipated to be 7 AM to 5PM averaging 10 hours per day, Based on the operational characteristics, 150 daily truck trips are expected to be evenly distributed through 10 working hours. The site-generated trip estimates that were derived as follows: 150 trucks/day = 300 directional truck trips per day = 300 trucks/l 0 hours = 30 directional truck trips/hour. Based on anticipated estimates of 50% in and 50% out, then 15 trucks are entering and IS trucks are exiting the site during AM peak hour; and 15 trucks are entering and IS trucks are exiting the site during PM peak hour, 50% of the truck traffic is anticipated to be to/from the existing County landfill. 50% of the truck traffic will access Collier Boulevard. The recycling facility will have an additional 10 R9005CPA TIS-OOl.dOG employees so at most, there would be 1 vehicle per employee for 10 vehicles entering in AM and exiting the site in PM peak hour. For analytical purposes, the truck component of the estimated site-generated trips was converted to passenger car equivalents (PCE's) using a truck factor multiplier of 1.7. The multiplier is based on Exhibit 20-9 from the Highway Capacity Manual 2000 (see Appendix of Original Vanasse & Daylor, LLP TIS for copy of the exhibit), The site-generated trip estimate results are shown in Table 1, TABLE I AM Peak PM Peak LAND USE AQI Im;ll Enter giJ; ~Enter Qill Estimated Truck Traffic 300 30 15 15 30 IS 15 Passenger Car Equivalent (peE) multiplier* = 1.7 Truck peE's 510 52 26 26 52 26 26 Employees 20 10 10 10 10 Totat 530 62 36 26 62 26 36 *Per Vanasse & Oaylor, LLP TIS DISTRIBUTION AND ASSIGNMENT The pattern of site traffic distribution is based on locations of generators in the area surrounding the project and engineering judgment. Table 2 prcsents the assumed trip distribution and assignment. Exhibit 1 graphically presents the trip distribution. Table 2 Site-generated Trip Distribution and Assignmentl AM Peak 1ink From To DIST Total Enter Q.il Collier Blvd Golden Gate Pkwy Utilities Drive 25% 16 9 7 Collier Blvd Utilities Drive 1.75 25% 16 9 7 White lake Blvd Collier Blvd Land Fill Access 50% 31 18 13 White Lake Blvd Land Fill Access Project Access 100% 62 36 26 PM Peak I2t!l ~ EM 16 7 9 16 7 9 31 13 18 62 26 36 I All site_generated trips are based on PCE values. R9005 CPA TlS.OO1.doc 4 The percentage distributions were applied to the si te-generated traffic volumes to detennine the site-generated vehicle trip assignments, Exhibit 2 shows the site-generated trip assignments for the PM Peak Hour. SIGNIFICANCE TEST According to Collier County Land Development Code (LDC) Scction 6.02,02 and Collier County TIS Final Guide Dated 11-03-2006, "Significantly impacted roadways and intersections are identified based on the following criteria; a. The proposed project highest peak hour trip generation (net new total trips) based on the peak hour of the adjacent street traffic will determine the limits of the trip distribution and analysis. . Trips distributed on links directly accessed by the project where the project traffic by direction is equal to or exceeds 2% of the peak hour service volume for the adopted LOS standard. . Trips on one link adjacent to the link directly accessed by the project where the project traffic by direction is equal to or greater than 2% the peak hour service volume for the adopted LOS standard. . Trips on all subsequent links where the project traffic by direction is equal to or greater than 3% the peak hour service volume for the adopted LOS standard. In other words, a project will have a significant and adverse impact on a state or regionally significant roadway only if both of the following criteria are met: (1) the project will utilize 2 percent or more of the maximum peak hour service volume at the adopted level of service standard for the adjacent and next to adjacent link, 3 percent for the other links; and (2) the roadway is projected to operate below the adopted level of service standard. Significance was estimated according to Collier County's 2/2/3 rule, and the links were evaluated to detennine whether projected operation would be within County standards. The data resources used for this analysis are shown in tile Appendix, Table 3 presents the significance test results. Table 3 Significance Test PM Peak Site peT of !J.uk From To Sfmox Trips ~-- Collier Blvd Golden Gate Pkwy Utilities Drive 3,515 9 0.3% Collier Blvd Utilities Drive 1-75 3,515 7 0,2% White lake Blvd Collier Blvd Land Fill Access 760 13 1.7% White Lake Blvd Land Fill Access Project Access 760 26 3.4% Note: SF""", for White Lake Boulevard were obtained from Thomasson Road and were provided by Transportation Staff for Collier Boulevard R9005 CPA TIS-OOl.doc 5 The only site-generated trips that were estimated to be significant (>2 percent of the SFma,) were on White Lake Boulevard between the land fill access alld the project. The site-generated trip assignments werc not projected to be significant on any links of the Collier County roadway network. PROJECTED BACKGROUND AND TOTAL TRAFFIC VOLUMES Background traffic volumes werc developed using multiple sources. Specific Link volume data were provided hy the Collier County Transportation Department. Data reviewed included the Collier County Transportation Operations Department 2008 Traffic Count Report , Collier County Concurrencv Segments Tables dated April 4,2009 and the 2008 Collier Countv AUIR , The Appendix contains copies of the applicable data used, Per methodology meeting dated April 22, 2008, proposed 4 to 8-lane improvement of Collier Boulevard near 1-75 interchange was confirmed by Collier COlmty Transportation Staff. Maximum capacity SF"ax 3515 vph for Collier Boulevard between 1-75 and Golden Gate Boulevard was used in the subsequent analysis in this report, per Collier County Transportation Staffs instruction. Table 4 presents the link-specific background traffic data with the information contained in the Collier County AUIR table for 2007. Table 4 BACKGROUND TRAFFIC VOLUMES Based on 2008 Collier County AUIR Link From Max PK Hr To ~A4AX' Volume Trip Total Remaining Bank Volume Capacity Collier Blvd Golden Gate Pkwy 1-75 3,5 IS 1,384 617 2,001 1,514 I SFmax provided by Collier County Tr';lnsporution Staff R9005 CPA TIS.OOl.doc 6 Growth trends have been negative so the AUIR Trip Bank was used as the most conservative total volume of background traffic. ANAL YSES CAPACITY AND LEVEL OF SERVICE LINK ANALYSES Link Levels of Service were evaluated for both Background and Total Traffic conditions for this project. The SFmox for different roadway segments were provided by the Collier eounty Transportation Planning Department or from a similar roadway within Collier County as denoted on the 2008 AUIR Table. Copies of these data are contained in the Appendix, Table 5 presents the link analysis results, Table 5 LINK LEVEL OF SERVICE ANALYSIS RESULTS PM PEAK HOUR WII Std BKGD Project Total AUIR BKGD Total Road Sefments From To fuftk Traffic Traffic SFmax fuftk Traffic Collier Blvd Golden Gate Pkwy Utilities Dr 2,001 9 2,010 3,S 15 Y Y Collier Blvd Utilities Dr 1.75 2,001 7 2,008 3,515 Y Y The studied links are projected to be within tile level of service standards for the PM peak hour with buildout year Background and Total Traffic, Based on this analytical result, no further analyses are required. Appropriate turn lanes should be analyzed during the SDP process for this project. The developer proposes to pay the appropriate Collier County Road Impact Fees. R9005 CPA TIS-OOl.doc 7 <=~ r--- o ~'~ ...,.s t3:J"'s .-;.!e :.;::0.... <>0.... ~~~ ~,,/; a:: .G;!@ e ~ o 0 e . -'" lU "' . o c . .. c 5 ~ "" ~ II in ~ u . '0 - "- -.11 anual\'ltUJnqljstM -1 " " ~ . . 0= Jt 81.C ~ ~ " c ~~ " ""J "l 0 0 i u ~ ~ ~ ~ . " ;: . > c " ~ ~ . +--'lr;Sl .J 1.~ L '" X-H ---+ ~m-' Jamo:) '" < :c u ~ '" ~ 0" u~ ~'~~ -J :~ ~ ~it& E~ .;~ ~~li "' :;: ~ ~ . . iJ c ~ , '" +-- %5t ;; %St""""'-" ~-~ ~h ~u l't ~ Iii . ~ "l ~ 0 Cl ~ > ~ . 8 Q). i' E~ u cH I <;:=J . , o "- ~ ~ ., ~ ~nU;l^"ilJ.mq45IlM 11 r II . ' '5' . 0. g I !JJ i rt:E u. ",. .t::~ ..:::: ~~ 0.... >.<t_ 0-'" w 0- ct:~~ W..'" ... . 08: .so;; ittJ.. i ". . ., < " " ;; 0;; " ::: o. U' ! t.i'l:~ j]~ ei;ig: e~ :~ ff~il f ~ :! 8~ .J ~ ~ ~ ] ~ ~.5 0 "J -1: u 0 i ~ ~ 0 . ~ . ;5 . 0 -. .J U L, -, ,-+ ,J .la!llo:> f . . G c . ~ '0 ~ ~!!~ Jh fU It "' kh ~ "S 0 " ~ o. > 0 em , 0). ~' E~ C~ i ApPENDIX . Initial Meeting Checklist - April 22, 2008 . Collier County Annual Update Inventory Report (AUIR), 2008 . Excerpt from Collier County Traffic Count Report . Excerpt from Highway Capacity Manual 2000 Golden Gate Parkway Mixed Use Subdistrict TIS Appendix INITIAL MEETING CHECKLIST APRI l 22, 2008 APPENDIX A INITIAL MEETING CHECKLIST Suggestion: Use this Appendix as a worksheet to ensure that no important elements are overlooked. Cross out the items that do not apply. Date:04/22/2008 Time: 9:80 Location: Collier County Pimning Conference Room (Trans. Oos,) SMD Suite 211 People Atlendiu!!: Name, Organization, and Telephone Numbers I) Reed Jarvi. P,E,-Vanasse & Davlor. LLP 437-4601 2) John Podczerwinsky-CC Transportation _ 3) 1!1t..d<..r t:,~, -Cc.- r-u....~TI''''' 4)_ 5)_ Studv Preparer: Preparer's Name and Title: Ree<i Jarvi. Vice President Organization: Vanasse & Daylor, LLP Address & Telephone Number: 12730 New Brittanv Blvd, Suite 600 Fort Mvers. FL 33907 (239) 437-4601 Reviewer(s): Reviewer's Name & Title: John Podczerwinsky, Proiect Manager Collier County Transportation Planning Department Reviewer's Name & Title: Organization & Telephone Nwnber: _ Applicant: Applicant's Name: John & Teresa Fillmore. Fillmore LLe. eio Yaht Mulching Address: 2250 Washburn Avenue, Naples Florida 34117 Telephone Number: _ Proposed Development: Name: Fillmore Recvcling Location: On east side of 1-75 & Collier Boulevard interchange. southeast of the Washburn Avenue & Crawford Avenue intersection in Township 49, Range 27. Section 31 in Collier County. Exhibit 1 shows the location and study area, Land Use Type: Jo] 5 Acres site to be used as construction debris recveling facilitv ITE Code #: N/ A Proposed number of development units: N/ A Other: N/ A ",P:~.:;-,.C~:l.;l J"-""J"~':'!b;:!i</<::~ J;~ ::';-.:1<>'" Descriptlon: N/A Zoning: Rural Frin~e Mixed Use District (RFMUD) Existing: Urban Comprehensive plan recommendation: Growth Management Plan Amendment Requested: NiA Findings of the Preliminary Study: Trip Generation: This project is projected to generate 62 PM Peak Hour net new (primarv) trios (26 entering, 36 exiting). 62 AM Peak Hour net new trips (36 entering. 26 exiting) Exhibits 2,3 and 4 present trip distribution. AM and PM Peak Hour Site Trio Assi~nments. Studv Tvpe: ~ (JIt.I.BK..- am Minor TIS lZl $- '1&D r MaiorTIS 0 ~t.~9>lJ) Study Area: (M.f1' /~ Boundaries: Collier Boulevard & Utilities Drive/White Lake Boulevard intersection (see 1/ Exhibit 1) ( Small Scale TIS Additional intersections to be analyzed: N/ A Horizon Y ear(s): 2013 Analysis Time Period(s): Weekdav AM and PM Future Off-Site Developments: N/ A Source of Trip Generation Rates: Site generated trip I1:cneration estimates were based on anticipated operational characteristics of the site and the expected daily hours of operation, Details of site-generated triP estimates are included in the Appendix, l7'L-- r Reductions in Trip Generation Rates: None: N/A Pass-by trips: N/ A Internal trips (PUD): N/A Transmit use: N/ A Other: N/A Horizon Year Roadwav Network Improvements: N/A MethodoIol!V & Assumptions: Non-site traffic estimates: N/ A Site-trip generation: manual method based on anticipated operational characteristics and hours of operation Trip distribution method: Manual method oer attractors/generators in the area Traffic assi!,'lliIlent method: manual Traffic growth rate: 2,88% b",,~J VH rDOT T",Hie TrOHa. V2,g seft"'are .Alo I~ rta.... c;. r;j;; f---t ~, "n,,,",'J"'''"'',"'.'''~.''fl,,.,,,,,,,, 0/ fo 12!J'<- "I ~aIf.&. ~ Special Features: (from preliminary study or prior experience) Accidents locations: NI A Sight distance: Adequate Queuing: NI A Access location & configuration: One Full-movement site access on White Lake Boulevard Traffic control: Unsignalized Signal system location & progression needs: Nt A On-site parking needs: AdeQuate Data Sources: Collier County Traffic Counts and AUIR for 2007 Base maps: Roadwav Network Prior study reports: N/A Access policy and jurisdiction: Collier County Review process: Growth Management Plan Amendment approval TIS Requirements: N/A Miscellaneous: NtA Small Scale Study Nu Fcc;' _ X _ Minor Study - S750,OO X Major Study - $ 1500,00 Includes 2 intersections Additional Intersections - $500,00 eacl! All fees will be agreed to during tlte Methodology meeting and mw..t he paid to Trampoftation prior to our s;gn~off on thl! appliea/ion. ---------------------------~~~--------- -------------------- SIGNATURES eVlewers Applicant :11"t,Jf~ h~~!~~, ;c/r"';M"t~.t~~ 'i':~: _'>7." EXHIBIT A Collier County Tranie Impaot Study Review Fee Schedule Fees will be paid incrementally as the development proceeds: Methodology Review, Analysis Review, and Sufficiency Revie\vs. Fees for additional meetings or other option31 ~erviccs <lre also provided below. MethodolOl!v Review - $500 Fee Methodology Review includes review of a submitted methodology statement, including review of submitted trip generation estimate(s), distribution, assignment, and review of a "Small Scale Study" determination, written approval/comments on a proposed methodology statement, and written confirmation of a re~submHtcd, amended metbodology statement, and one meeting in Collier County, if needed, "Small Scale Stud,," Rc,,'icw - No Additional-Fee (Includes one sufficienc\' review) Upon approval of the methodology revie,v, the applicant may submit the study, The review includes: a concurrency determination, site access inspection and contirmation of the study compliance with trip generation. distrtbution and maximum threshold compliance, "Minor Stud\'-Rcview" - $750 Fee (lncludes one sufficienc,' re....iew) Review of the submitted-traffic analysis includes: optionaLfield visit to site, confirm<ltion of trip gencra~ion, distribution. and aSSi.b-l'lUnent, concurrency determination, cont1rmation of committed improvements, review of traffic volume data collected/assembled, review of off-site improvements within the right-of-way, review of site access and circulatlon\ and preparation and review of "su fficicncy" comments/questions. "Maior Stud.v Review" - $1,500 Fee (Includes two intersection an.lvsis and two sufficiencv rc\'ie\vs) Revie'w of the submitted traftic analysis includes: field visit to site, confinnation of trip generation. special trip generation and/or trip length study, distribution and assignment, concurrency determina.tion, confirri1ation of committed improvements. review of traffic volume d.ata collected/assembled, review of traffic !:,'Towth analysis, review of oft-:'site roadway operationH and capacity analysis, review of site access and circulation, neighborhood trame intrusion issues, any necessary improvement proposals and associated cost estimates, und preparation and review of up to two wunds of "sufficiency" comments/questions andlor recommended conditions of approval. "Additional intersection Review" ~ $500 Fee The review of additional intersections shall include the same parameters as outlined in the "Major Study Review" and shall apply to each intersection above the first two intersections included in the "Major Study Review" "Additional Sufficiencv Reviews" - $500 Feel AddItional sufftciency reviews beyond those initially included in the appropriate study shall require the additional Fee prior to the completion of the review. r''''.'''....~ ;'';::. !-.'i ~ j ~,";, I.'-'<,,'k.'N,;, .~. ~ '?- ,;,.,; '..j:'LCMORERECYCUNG. . Va."..". a.........~,se.....'.'...:. ".i Dav.lor ..,....((.. . "I-',' ,..,,,",',_,"'.: - 1,000 o 1,000 Feet ~:;'~z.~n;-:~":" .till~'Ar0train '!hi tn~A~m:lJ Jniljc- hiW~ni: ~"~~II~ lam(! fllU NaplasFl34117 Sclur.:~: Ccfier Co\Jnly P". 8l'Id Ae!UI~Expf~I;'"C. {~olQ O,le_Jm. 2007} ~ j~ ~ ~~~~~~nI;1!:ity.IPV~rY.thCl:tlD~ii.~~~h~. "Pm)t'cl:Numbef:81152 v.I>_R'...1"...<;?,i:,"'......,..Q~__.Cw, ....... Fillmore Recycling 412112008 The site-generated trip estimates that were derived as follows: I SO trucks/day = I SO trucksll 0 hours = IS t>No-way truck trips/hour = IS truck trips/peak hour entering and exiting Based on anticipated estimates of 50% in and 50% OUt, 8 trucks entering and B trucks exiting the site during AM peak hour: and 8 trucks entering and B trucks exiting the site during PM peak hour will access Collier Boulevard. The recycling facility will have an additional I 0 employees so at I vehicle per employee there will be 10 vehicles entering in AM and exiting the site in PM peak hour, For analytical purposes, the truck component of the estimated Site-generated trips was converted to passenger car equivalents.(PCE's} using a truck factor multiplier of 1.7, The multiplier is based on Exhibit 20-9 from the Highway Capacity Manual 2000 (see Appendix for copy of the exhibit). The site- generated trip estimate results are shown in Table I, TripGen 1:\ProjectsI8f:1\BIIS2\Tnffic\8IIS2_GMPATIS_OLxls 00 " 0 " 0 " c:' I N ~ '" ~ ~ L " I ~ '" U ~ '" " '" '" 0 '" ~ ] N M '" 0 j\ '" '" " ~ M N '" ~ D- O E '2 D- ~ 0 '" 0 " - ~ M '" '" ~I '" '" '" N '" WI ~ '" '" 0 '" M ]1 ~ " M D- E <( ] 0 N a '" M '" '" 0 1-1 0 M ~I w ~ :t j:: ~ ~ .., - III .E " W I.IJ 'u 'u u '" ..e . ..e ,. n. ::) ~ a. ii: 0 " . " '0 ," E ," '5 I- Z u .'" U E :s ~ . ~ 0 u . u W . - ~ u W '" 0 '" S ~ . u . ~ 'C u 'C .0 e .0 u . ~ . 1 w 0 ~ 0 5 .5 ~ Z e e w 0 cr .g ~ W '''' ~ . C) U '0 U ~ u 41 " " ~ \; b . b ~ :l3 w u 0 ] ~ ~ . ~ ~ !:: " -a. 1Il 0 '0 0 E 0 I- III U <( U W I- ~ ~ .e u 1;- o '" e o 11 if c " ~ ~ ~ o o " N " ~ ~ 1;- . '" . i5 ~ '" M '" :E III I- .~ cr- 0'< co :::?: w: " -" ~ ~ 0- <: 0.. J S "J <D m ~ ]] J " " M '" '" " " M '" '" -" " ~ a. :!: <( '" '" '" '" M ~ ~ ~ ~l ~ ~ O! ('4 ~ ~ a-!! o 0 '" 0 '" M '" o > 'C o ~ ~ ~ ~ '0 ~ ~ > ~ "5 o '" J.! 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'f!!! ~ t' t' ~ .......... 5 ~5E~~~~ .. ....22 as:-; iii iiiiiiiii iili~~~j~~!i!l ~~~ ~::;~_~4~~" ~~~t ~~~~~~~~~ ;:.~!~~:;;~::: ~; ~ ~ ~ :;;~:; ~ ~1O~; ~i;;t= ::~~:;;::i EXCERPT FROM COlliER COUNTY TRAFFIC COUNT REPORT 0 , , , :~~ . 0 0 0-,:1 ", . ~"J , ~~~ ~":8 !~ l 0 , , 0 , Z 0 ~ " " ; , 6 " ! ~ I . ! ::'" ~ ~i3 ; ~ , 6 . . 8 a f .j 8 ~ a ~~ , a ! a ~ a ~~~~ ~~~!'~~~~3~~~~.~5~~~ ; ! ~.~'" ~~~~D~~:~OBii~~~E~~~OO~~ ~~n~ .~~~ ~~ti~~~~~~~ ~~ o_~~.~~~~~:~~~~~~~~~g o~~~~~~~~2~;~ ~_.~~n~~ ~~~N~~~n~~ Q~~ ~~~N~~jg ~ ~~2~~~~!!O~~~~~~o~2~~~;~i~~;~ ;_Q~~3~h~~"~66~,g ~".n_g. n~~~ - :--'~:"'.,::!'"-~.~:".-3~~ ;1; <>~;:;t>it:;:;;..~~;:l;:;j;:;;; ~ __.. .... 0.: .... g~~ _~~~~6~~ '~;~ao~~;a*~~~~~~;~~~~~~~~~~~~ ~ ~~~8~~O~;~~*~E~~ ~~~~~~*~~~~~~ ~ ~~~. ~~~.~"A,g=.~~'~A~~~~~~.~ ~R~~~~~ ~~-~~j~~~ .~~~ ~-~~~~=d ~o'#~~~ ~ ,~~~~~ ~~~~~~~~~ ~~ ~~~~~~~~Q~~~~g~~ij~~~~N~~~g~~~ ; ~~~n~~~~~~~~.~~,~~~NN~~~~~~.9 ~ ~~S~~~~~~~~~gij~~ ~~~~~~~~~Q~~~ . 'N9~.~~~~~~~~.~!: ~~~~~~~~~~~~~ . . ~ii.....":.. . 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N , . , . . , ! ! ~ ~,,; '{ *1;; " "' -- , J~~s~;: 5 .. ~fi i. ~.i ~ '" ,,; ~ ~~~~ ~~l~~~~~!~m~ ~ ~~~~~ g~~~ ~~~N~~'~~~;~ ~ ;~ ~~~~~~ ::: <r9~l:J ~~~ ~!~~~~ .....;!; ;:r;"'..~~,.; ~~~~"~~a~' ~ ~~~~~~~~~~~~ ~D~~..~~~~~~ ~ ~~~~~~.....~~~~ ! f.;,~.,"'~~,..."'...... "J~;;~:O:~~~l'!~~'" 'I':!::~'I'~':!::2':'::: . , .,. . !. !~~~~~~;;~ ~ '\(j~'~'::';;~~"'" ~~~G=.-a=~~:~~~..~~.~~~~~~-,~s~~; .:~~;~ ~:~~:~i~.:?,~~~M~:~~~:;: " . ~";O~~~."~.oOO!OOOii~5~B.'.~"' "':~"~m N";"_"'~ ~ elli"'- ~~~........~= g ~~~~)~;~~g~~;~*O~~~~~i~g~~~~~ ~ ~ ~~~~.~~".~..~~;;~.~~a~~~~~~v;~~ ;; .ga~_~~g ~~~.~~~~.~"' ..~~~~~~~.,~.~~::l~; ....M~= ~n.._..~~"~~~~~~~ N~:::~ ~ 5 , I II II ij 1":>"'AJ. II Ii UU~.IS H !I " EXCERPT FROM HIGHWAY CAPACITY MANUAL 2000 Highway Capacity Manual 2000 wh~r~ vp : rnss~nger~car cqui\;alcnt flow rate for peak 15~min perIOd (pclh), V : demafld \'olum~ for the full pe-nk hour (VCM1), PHF : pcnk-hour faclor, fc : grade adjustment foe lor, and fHV = heavy-vehicle adjustment f::lCtaL PHF PHf- rcprc;;;ents the vnrlr\lion in tmffic flow within un hour. Two-Innc highwoy analysis is b:.!.scd on clernnnd volumes for a peak 15-mill period within the hour of interesl-usually the peak hour. For opc:ro.tional analysis, the ruB-hour demand volumes must be. converted to now rales for the peak 15 min, as shown in Equalion 20<3. Grade Adjuslment Factor The grade adju:;trn~fll factor, fG> accounts for the effect of the terrain on travel speeds and percenl time~spcntMfoJlO\ving, even if no hc.wy vehicles arc prescnt. The ....alues of the gr3dc adjustmenl factor me: listed in Exhibit 20-7 for estimuting average tra....el spccd~ and in Exhibil20-8 lor estimating percent time-spcnt-fol1owing. EXHIBIT 20-7, GRADE ADJUSTMENT fACTOR (IG) TO DmRMlNE SPEEDS ON TWO.WAY ANO DIRECTIONAL SEGMENTS Type or Terrain Range of Two-Way Flow' Range of Directional flow level Rolling Rales (pclh) Rales (pc/h) D-QQ(J 0-300 1.00 0./1 ) 600-1200 ' 300-600 1.00 0.93 > 1200 , 600 HID 0.99 EXHIBIT 20-8. GRADE ADJUSTMENT FACTOR (lG) TO DETERt.@EPERCENTTIME-SPEflT.fOlLOIVINGON TWO.WAY AND DIRECTIONAL SEGMENTS Type of Terrain Range of Two-Wiry fla" Range: of Directional FIC1'o'/ level Rolling Rales (pc/h) Rales (pdh) - 0-600 I 0-300 1.00 on , 600-1200 ' 300-&10 100 0,94 > 1200 I ' 600 1.00 1.00 Adjustment for Heavy Vehicles The presence of heavy vehicles in the franic strCi1m decreases the FFS, because at hase conditions the tramc stream is assumed to consist only of passenger cms-a rare occurrence. Therefore, tr:J.ffic volumes must bc adjusted to an equivalent fluw rale expressed in passcng~r cars per hour. This adjustment is accomplished by using the factor fHV. Adjusllnent for the presence of heavy vehicles in rhe traffic stream applies to two Heavy-vehicle adjustment conSIders trucks and RVs. types of vehicles: trucks and RVs. Buse.s should not be trclllcd as a separate lype of Buses are included wilh heavy vehic.:Je but should be included with lrucks. The heavy~vehiclc adjustment factor frucks. requires two steps. First, the passenger-car equivalency factors for trucks <E-r) and RVs (ER) for the prevailing operating conditions must he found. Then, using these values, an adjustment factor must be computed [0 correCl for nil heavy vehicles in the traffic Slream. 20-7 Chapter 20 . Two.Lane Highways Methodology Highway Capacity Manual 2000 P.\sscngcr-car equi\'ah~nls for extended two-way segments arc determined from Exhihit 20-9 for estimating speeds and from Exhibit 20-10 for estimating percent time- spent-following. Tbe terrain of extended two~w"y segments should be c<ltcgorizcd 3.5 level or rolling. EXHIBIT 20-9. PASSENGER-CAR EOUIVALEIJTS FOR TRUCKS AND RVS TO DETERMINE SPEEDS 011 TWO-WAY ArID DIRECTIONAL SEGMENTS I Type of Terrain Vehicle Type Range of Two-Way Range of DirecHonal Level I Reiling Flo" Rales (pc/h) Flew Rales (pelh) Trucks,Er 0-000 0-300 1.7 2.5 , 600-1.200 :> 300--500 1.2 1,9 ::> 1,200 ,600 1.1 1.5 RVs. ER 0-000 0-300 10 I 1.1 ::> 600-1,200 I ' 300-000 ),0 1.1 ::> 1,200 >000 1.0 1.1 EXHIBIT 20-10, PASSENGER-CAR EQUIVALENTS FOR TRUCKS AND RVS TO DETERMINE PERCENT TIME-SPENT-FOLLOWING QN TWO-WAY AND DIRECTIONAL SEGMENTS Type of Terrain \IehicleType Range or Two+Way Range of Directional level Rolling FlaN Rales (pc/h) - flo,., Rales (pc/h) Trucks,ET 0-6C~ 0-300 1.1 18 ::> 600-1,200 :> 300-600 1.1 1,5 ::> 1,200 ,600 10 1.0 P.Vs, tR G-600 0-300 1.0 1.0 > 600-1,200 > 300-000 1.0 1.0 ::> 1,200 >500 1,0 1.0 Level Terrain Levcllcrrain is any combinnrion of honwntal and vertical alignment permitting heavy vehicles to maintain 3pproxim:ucly (he same speed as passenger cars; this generally includes short grades of no more th::m I or 2 percent. Rolling Terrain Rolling terrain is nny combination of horizontal and vertical alignment causing heavy vehicles to reduce their speeds substantil11Jy below those of passenger cars, but not to operate at crawl speeds for any significant length of time or at frequenl intervals; generally, this includes shorl- and medium-length grades of no more. thnn 4 percent. Segments with substanliallenglhs of more than a 4 percent grade should be unalyzed with the specificgrndeproccdure for directional segments. Heavy- Vehicle Adjustment Fac/or Once \l3.1ues for ET and ER have been detcnnined, the adjustment faclor for heavy vehicles is computed using Equation 20.4. 1 fHV"" (20-4) 1 + PrfEr -1) + PR(ER -1) where Pr = proportion of trucks in the traffic stream, expressed as a deCimal; PR = proportion of RVs in the tfaffic strc3.m, expressed as a decimal; Chapter 20 . Two.Lane Hlghw a s 20-8 Methodology Highway Capacity Manual 2000 Er pJ.s:-;cnger~car cquivCllenl for trucks, obtained from Exhibit 20-9 or Exhihit 20- [0; and ER pnsscngcr-ci'lr equivalent for RVs, ohl:J,incd from Exhihit 20-9 or Exhihit 20-10. Iterative Computations Exhibits 20.7lhrough 20-10-the grudc adjustment factor fc and the pJssenger-car equivalents for trucks (El) and RVs (ER)-arc stratified by now rJlCs expressed in passenger cars per hour. However. until Equation 20-3 i!i applied, the now rate in passenger cars per hour is not blOwn. Therefore, <in iterative approach n~usl he applied to determine the passenger-car cqui\'alcnt now rate vp' and from th:u. either average travel speed or percent time-spcnl-following. First. determine the flow rate. in vehicles per hour, <\5 VIPHF. Second, select values of fG. ET' and ER approrriat~ for that flow rate from the: tables. Then, dClermine thc "p from those vi\lues using Equations 20.3 ;:md 20-4. If the computed v..llue of vp is less thnn the upper limit of the selected flow-rate r;mgc for which fG. ET. nnd ER were dctcnnined, then Ihe computed value of vp should be used. If the vp is higher than the upper limit of the selected flow-rate f<lnge, rcpeallhc procc:-;s for successively higher rnnges until an ncceptrthlc value of vp is found. Because the highest range includes all tlow rates greater th:.m 1,200 pc/h in hoth directions of travel combined. it can be used if a computed v;\luc exceeds !h<:: upper limit of both lowl:r now-rate ranges. Determining Average Travel Speed The avcrage travel speed is estinwted from the FFS, the demand flow rate, and an adjustment factor for the percentage of no-passing zones. The demand now rate for estimating average travel speed is dClcrmincd wilh Equation 20-3 using the vnlue of fHV computed with the p;u;senger-car equivalents in Exhihit 20-9. Average travel speed is then estimated using Equation 20-5. ATS::: FFS- O.00776vp- fnp (20-5) where ATS = a....erage tmvel speed for hoth directions of m\\'cl combined (mi/h), fnp ndjusl'rncnt for pcrccnlage of no-passing zones (see Exhibit 20-11), and vp passenger-car equivalent flow ratc for peak 15-min period (pclh). The FFS used in Equation 20-5 is the ....nluc estimated with Equation 20-1 or Equ:llion 20-2. The adjustment for the effect of the percentage of no-passi ng zones on average lr<lvel speed (fop) is listed in Exhibit 20-11. The exhibil shows that the effect of no-passing zones on avernge lrn....el speed jncrca~es lO a maximum at a lWO-W<lY flow rate of 400 pclh and then decreases al higher volumes. The maximum value of fnp is 4.5 mi/h. Determining Percent Time-Spent-Following The percent timc-spent-following is cstimated from the demand flow rale, the directional distrihution of tr3ft1c, nnd the percentage of no-passing zones. The demand now rale (vp) for CSlim3ting percent timc-spent~following is determined with Equation 20~3 wiing the value offHV computed with passenger-car equiv<llents from Exhibit 20.10. Pcrccnllime-spcnt-following is then cstimalcd using Equation 20-6. Appropriatc values of base pcrcent time-spent-following can be determined from Equation 20-7. PTSF = BPTSF + 'dlnp (20-6) where PTSF percent limc-spent-following. 20-9 Chapter 20 - Two-Lane Highways MelhoOology ~ -)> iil:i C:)> :DO )>:1: t5i\\ ~" )>'" nI ;:: )> " .-; I ;:;; ~. CD ~n v, '" C, < " i :-) I z \ , '. I I ~, I '0 ~ , ;::: CD m JJ "-' '" "-' r, C" !:: ,y, ~~{~~~ '}~}~f::~f':r .~- .~'" - 'l .- ,":: f "" , ,J,.,,,, , , ) ~/. '~, i . 'f . .:..~-- . :;i: ~i , ' ! ~f 1'''rr_l'''';'.':~j;D;,'t:-,~;,,:;,tt.,,;i~~~f''~-J''';''t:}! ~ .,} , I; ~ r-J d ~:::!! II ~ ' , ',,. J' ,"~ ~ :; ~ s ~ ~ .~ is ' 'r. _,'I .... .'"-. ~ ~" .-:r: 1 ~ - I~ ,if ., : r ~.' I ~ ~ ~~ ~~ 'I: ,_I.:'i ~ ~ ~:< - ' ~ 'g ~i !: ,I., <f ~ H ~~ ~5 \! ~ : j , Ii i . ~, " ! "1'" ~ -'t-; ,'~_" !,> .:~ ~i ~ \ ,,' ,. $ 'Il,', ., 'e" ':"l::w, Ji{' ,It ; --~ ,_, , " jHm;~( ~iij1!![j +~;:td,,'H t~n,'"'" ~ ~11;m; '~H~, { ~ I, ~ ~: 2 ~ i ; ~ ~ ~ ~ i f ;~~~:t ~ ~:~ ~; € ~ i:.' '~~ : J;' ~ "",:~ j- ~ q '" ~ l ',i.:; ':;('" -,'H. -.", .' -';l; ~" ", - ' , . , I 'n: ';:,\" " , .. ';1 ,.,; " I ~ I ! . " ~ ~.__., -- , ~ 1- -'j' t ,,-:1.:,---,1 , i -~- "_____~._.4 r i:' -;1 -;,/ 'r -',. 'r ~. , I.. -'~;jrc ,C" , - ~. ~ I I -j :, d_~ , . --i" I j " I! " -~ "-~~-~.;,.. . li , ,~ '-----1"~~~~~ ",r~~---- ":j 'T--l' l i 7".- ~-.~- 8 .-,::.':"'->-;;-~-~ " , ._----";~,.,'-.---,,,.~.,\ -;;--- J I -"-~- -;,1. . ~ --~ ~._~'--, " , (,) C:"J I I , , , , f~ I '~ r ., L"':' , ' ',~} l:J 1 ~ ' ',. , , ,I' f 2::' ,[ .' /.i ,. '.. " .' '1 , , .c( , jH." ~ : , 0 ;1 '.' , , ~ , , .' " ,j;: "'" r z C ~ m v' -. C 11 ~ , ' r G m Z o Attachment L Letter of Authorization . M/E'J3/2~E38 [H3:1q 239~597-~5,(8 RI-IA lIjQ PAG~ ~31~" LET:rE~ OF AUTHORIZATION TO WHOM IT MAY CONCERN, I heraby authorize Dwight N'ldQ8U, RWA, Ino, (I~"me of Agent - typod or printed) to serv~ AgElnl l~. qU~5t to amend th~ Collier CQunly Growth Man"g~ment Plan a II property I a tifj"X}J Ihe Application, I / Signed: .h..J./J1&.. ,~ Date: -<f,!!:ILO'iS Torosa Flllmora i L (V Slgnad; Date: AI- ~ John Fiilmure 1;:TATE OF (FIQrtda) COUNIY OF (Collier) If <layor j'RJlJ:.fl- .2008 By MY COMMISSION EXPIRf.S: . ~ ~J ~",,,~ ANClELA l. KRUM ...... ~ 1t MY C(JMMI.~:'iION N D04r:9316 ';(<trrl\~~ };Xrlill?.I!l Swp~ 7.:l.~ (~tuun~.IIW.YSll:lr""U~' ~Q.ilFl ,tb~ !VA -~.... C~l:iEi ONE OI'THE FOLLOWING: .' who Is personally known 10 me, _ who has produced and did tall'" an Oatil "+ did not tilka an Oath NOTICE - BE AWARE THAT' Florldl'l5tatut. $ectlon 837.0a - F~I.~ Olflelal St'1teml:>nte Law states that, "Who.var knowingly makes a f.lse .tatemeot in writing with the intent to ml>l."c.t . pUbliC .""van\ in the perfonnancli of his official duly S",,1l be guilty of 'I misdeme~~or of the 58oonc.t degree, punishable "5 provided by 1\ fi"e to '1 maxImum of $500.00 anellor max:imum of a sIxty day J<>U term." Rx tim~:04/03/2008 05:88 Rx NQ,:078 P"D08 ~~.". 500ll00'd 990# LO:IO 800z/rOlvO Gr9rlSS68Z l~IO jIXI018NIH8lf1l1 lfNA:UIO.lj Z0 39\1d 8N.I ~M~ BI.98-L59'68~ 6P:OO 80001.0Ip@ 06/18/08 OU:53 FAX %392121804 alDlIIlST TITLE 101I001 ~{JZ31 OR: 4041 PG: 3807 RlCOROIO In OPPICIAL RlCOIDS of COLLIIR COOIT! PL 01/2l/2006 at 09:12A1 OiIGR! I. BROCK, CLKRK ' oem 18.10 OOC-.l0 ,10 cams 2.00 KISC 1.50 ---- ----- -~---_. nns INSl1U,lMENT PRBPAREP BY' J..... D, Vost!. Eoq. flo. Bor No. 0051373 Vogol Law Ollie<. P.A. Suil< 8, Mi_ritl.llldg. 3936 rami""; Trail North ~1lP1es, Florid. 34 J 03 (239) 262-2211 P!l.EPAIl!I TION ON!. Y wrrllOUT OPlNION Reto: PlLLMORI LLC 2250 iASBBDRI AVJ IAPLIS PL 31117 1032 QUITCLAIM DEED THISQUITCLAlMDEEDmadetheJJLdayOf~2006, byFD..LMORE, LLC, heremaftercalled the GRANTOR, to FILLMORE, !;LC, whose post office address is 2250 Washbum Ave" Naples, Florida 34117-4032, hereinafter called the GRANTEE. (Wherever used herein tlte t= "grantm" and "grantee" include aU the parties to this instrument and the heirs. legal representatives and assigol of 'ndividuals, and the successors and assigDll of cOlpO[ations),{ \~R COu: ~y N tor, for and in . hereby ackno . t. I, WITIlESSETIi: That paid by the said gr.mtce. tlte and quitclaim unto said grantor, has in and to the Co 0 the Colmly of Collier lUld tale f 0 A parcel of land 1 ,(J. Section , Connty, Florida, particularly des 'on of the sum ofSlO.OO, inband ed does h=by remise, Jeleaso clai and dClllland which the said f d situate, lying and being in 4 OUW'.! ge 27 East. Collier fo : o Commencing at the No orner of the So ~er of the Southwest quarter of Sccbon 31, Township 49 ~ . ence along the North line of the Southwest quartc:r of the So Section 31, North 89"58'41" East, a distance of343 feet to the Pow offieginmng of the PlIl'Clll of land herein dcscnbed; Thcoce, continuing aloog the North Iinc of the Southwest quarter of the Southwest quarter of said Section 3 I, South 89059'49" East, a distance of 102930 feet; thence Soulb 02004'30" East, a distance of6S8,93 feel; thence North 89"58'14" West, a distance of 342.85 feet; thence South 02005'32" East, a distance ofS58.99 feet; thence North 89057'41" West, adist:mce of 1029.48 feel; thence North 02007'49" West, a distance of SS8.60 feet; thence South 89058'27"East, a distance of34320fcel; theru:e North 02"03'36" West, a distance of6S8.67 feet ofthe Poinl of Beginning. PropertyI.D.: 00341040004; 00341360001; 00337520004; 00337040005; 00341920409; 00341920302;00338600004 oJ;'Il~~r..W<<oG5O\.~."-l'l"Pli Attachment M Quitclaim Deed 05/18/06 09:53 F,\X 2392827904 MIDWEST TITLE --------.----- III 002 *** OR: 4041 PG: 3808 *** =:nmc:;.is beta\: doae to co..olidate all Dar~e1s as outliJledin the Prooertv ID'. .hlllVll d ReO ded i;OR Book 3270. pale 2754; OR Book 3210. pave 2756 ud OR Book 3110. DlIf!e 2759. to HA VB AN")) TO HOLD the same together with all and singular tbe appurtenances th=unto bcllJIl8ing or in anywise appertaining, aod all the estate, right, title. interest, lillll, equity and claim whatsoever of the said grantor, either in law or equity. to the only prope:r use, benefit and behalf of the said grantee forever. I:-r WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealod and delivered in our presence: Witn_: "c' --' #~ , its Manager (Sign (Print Name ~ STATE OF -r~D~ COUNTYOF _L_ The foregoing Quitclaim Deed was acknowledged before me this ~ day .of Teresa Fillmore md John Fillmore, Managers ofFillmore.Lj',:C, who are me or who bas produced " "", ", , as ~ {l~%~L' S~eofNollu')r-,..: ::.,:" )~.: ~~~.....'.,.:~..: Typed or Printed Name ofN<1l&rv c';, .,: h ' C ...., ~'II"I.II""iI.'" orrnmsSIOOnQ, ' >l.ANN~ My Commission Expires;,f"l ....:~:;~~...~~~ ;;f .-"'Qt.? ,,a .,~1j:. S : : .. ';. -*. . ::. v:~~~Il"*'te.w.L"" =. ..... : = :: : .*= 10 ..... I'DIl250328 : ;;- ~~..~ _.z.-.... ~ ~~..~......~:~ ~ ~;q..;.:'.......~'\.~...... ""IjiA'. STAltI:t ,\\,.... 'hItJ"II~\'\\\" _..!K-c:j-<U~ THU 1.!:l.:3j illl ~K 10 W :;ULUAV INl.l;~A, ~A ,AX NU, cj~ b~l <'881 P. U4 Attachment N Disclorure of Interest [of ormation Ol:'ER.\TING AGREEMENT FOR FILLMORE, LLC nus AGREEMENT is made effective a;; ofthie day ofMaroh. 2003, by and among Tare,. FiUmnre and John A:FllImore (liereIDafu,~ed to in the singular IlS a "Member" and colle.tively as tho "Members" IlJld tI,e "Member,hip"). DEFINITIONS ). "Act" l\10!UJJ1 Chapler 608 orlhe Flcrida Statutes, IlS mnollded from time to time during the lelm of Comp.ny. 2. "AdJusted Capitnl Account De'lidl" moane, with reapoot 10 iluyMombor, lhe deficit balance, if any, in stich Member'. Capital Accnunt aa of the end oflhe relovmt , flSCal. year, a:ftor givillg effect to the following adju,tmollls: a, "Credit to oueh Capilal Account any amounts which ouch Member is obligated to restol'll (]lurauant to tho torms of this Agreement or otherwIse) 01' is daemed to bo obligated. to re.torc pursuant to Regulations Seotion. 1.704-2(g)(1) and 1.704.2(i)(5), and, b. Debit to sllch Capital Account the items desoribed in Seotions 1,704.1 (b) (2)(ii)(d) (4), 1.704-1 (b)(2)(ii)(d)(5); llIId \,704.1 (b)(2)(ii)(d)(6) ofthe Regulations. The foregoing definition of Adjusted Capital Account Deficit is intendod to comply with the provisiol," of Section 1.704,I(b)(2)(ii)(d) of the Regnlatiol1l3 and shall be interpreted oonaisteutly therewitb. -I.' 3. "Armide" ofllny PerRon means (i) any Person directly or indirectly cont.olling, controlled by, or lmder common control, whether tlU'o\lgh ownership, agreement or otherwise, with such Persou: (ii) llllY Person owning beneficially or of record 10% or more of the OtllstondiUIl voting.Becurltic., Membership inlcreatB. or o'lher ownership interests of .ucnreISon; (iii) MY officer, director, trustee, general partner or Person in n similar capacity ill or with the management of su.oh Person, end (iv) any PerSOD owning boncfloinlly or of record 10% or 1110re of the outstanding voting seclm,t,es. Membership interests or olher owncrslip intereets, or any officer, director, trLl,tee, general Mem.bor or Per'Oll ill a ,imilar capacity io 01' witil the managemelll of sny Pereon described ill cl~nse~ (ii) 01' (iii) allave. 4. ,I Agreemenl" mean. this Ope\'ating Agreemenl, as initinlly executed, or as alllended Jrom time to tim., ~6 the CO\~tel\t may require. page 1 Flll.MORE, LLC . Operating Agreement Rx time:04/2212003 23:06 Rx No.:049 P.004 LZO/vOO'd (,90# (,S:SZ GOOZ/ZZ/vO '0 39~d 6v9vZ9SSS(; l~IO 3IXIO/9NIH81n~ lHVA:WOJ~ ~NI \1M<! 8LgO-L5"-5Eo LO:00 500"/[[1'0 RPI\-,:J-,UU8,JHU lU:.~M!!!<lliW ~ULUAVINI,I;PR,PR ,AX NU, ,:;8 081 ,Wl p, Uo 5, "Capital Account" means, with r.spect to l!IlY M'lllber. tbe Capital AccOtmt as defilled under gelleral.ccount1ng IJrincip"ls and applicable tax laws, maintained in aocorden,cc wllh tho following provisions:' a To .ach Member's Capital Acoount shall be added tho Ibllowillg: i. Th. amount of any e.ah or tho fair market value (or agreed val"e, as th. cas. may bo) of allY prOpe11y made as capital contrlbutiolUl; ii. Such Momber', dl.1Tibutlve .hllte of profits l!Ild income Item.; and, iii, Th. amount of any liabiliti.s of tho Limited Liability Company assum.d by such Member, b. From each MOIllber'a Capital AccO)Jllt sholl be debited tM following: 1. Tho a.:mOunt of any e.sh and the fair market valuo of any property distributed to such Member; '!.',<;' ii. Suoh Mombor'a di~rlbutiv. ahare of allY los.os 01' iloms of deduotion allocated to suoh Member; and 't' . iii. Tho amolmt of eny Jj~bilit1"" of the Member .ssume,} by the Limit.d Li.bllity CO.n'\plllJY. c. In l11e ovent an or a portion ofon inte:rost in the Company i.a tnmsferred in accordance with the telms oitms Agreement, tha transferee sha.l\ Buooeod tc the Capit.l AccOlmt of 111. transferor to the oxtent it relates to the transfarr.d interest. d. hi dortennining tl,. omount ohny liability for purpOBes of this Paragrsph. there shaU bo tabn into aoeoUl't Cod. Section 7S2(c} ,"d suy other applicabie . provisioll' oftlJ.o Code and Reg\u.tionB. The forogoing provislollS lI..'ld ti\o othor provision' ofthi. Agreement rel.ting to tI,. mo.il\tCll8\\ee ofC'pllo! Accotl\\ts ere intended to oomply with RegLllation' S.etio\\ 1. 704.I(b}. and shnll b. interpreted and appliod in. menner consistent with such Regulations. In tho evo"t the Mombers shell detenIlil10 that it is prudont to modify the manner ill which the Cnpit.l Accounts, or OIlY dehits or credit. thorcto (including, without limitation. debits or credit. relatinJl; to li.billti.. that are s~cured by cCl1ltibutod 0, distributed property or th.t a.re illlSlllUed by pago:;! J;U,LMORE. LLC " Operating Agreement Rx time:04/22/2008 23:07 Rx 1,10, :048 P .005 LlO/SOO'd 190# lS:Sl GOOl/llltO 50 38~d G17917Z9SGSl IdlO jIXIO!~NIHJln~ lHVA:WOJ~ JNI ~M~ 8LS0-L55-5f[ L0'0B 5000/Eo/v0 _ _A~K-<o-<:UUHJ:I!!! jU:qo AM,HKIUW oULUAVItIJ,oPA,~A rAX NU. <:oH bHl <:881 ~, Utl the Company or Members), are eomputed in order to comply with Buch Re~L\lations, the Membere may mt1ke euch modification, provided that it is no\ likely to have a moterial efioct on the amOl1l1te distributable to any Member hereunder upon the termination e.nd liquidation of tho Company. 6, "Capital Contributions" means, with re'peot to IDlY Member, the amount oflnon.y or initial valoe of p\'Operty (othe[ thllll money) contributBd to the Company with rBspect to the pcrotntago interest in. the Compa.ny held by ,uch per,on. The pnncipolllfllOLlnt of a promissory notc which is not readily traded on an .stablished ,ecurities marl,et Illld whioh is contlibuted to the Company by U1e maker of the note aheU not be inoluded in the Capital Aocount of auy person until the Company mBkes n taxable dispo.ition oft\1o note or until (and to the extent) prinoipal paymontlllIe made on the noto. Any .ererence to the Capital Conhibution of a Member .hall include the Capital ContritlUtiQn made by a predaco,aor holder ofth_ Interest of stIch Membor. 7. "Code" mean, tbe Totem,l Revenue Coc:\ll ofl9B6, as amended, and any corresponding provision oisuoc.edil1g law, 8, "Compnny" me.us the limited liability company ""OWllM FILLMOlUt, LLC, 9. "Cumpa.ny Property" moans real propert)'!\fid improvements thereon, tangible und inlllngible perscnall Ul!eil in conjunction with it. bu,iness, 10. "Consent" means the written con.ent of. POIaon to do the ae~ or fuing [orwhi.h the consool is .olicited, or the act of granting such consent, oa the context may require. Consent shall olso inolude such Peraon's failure to respond in writing to a aolicitation, for consent within fifteen (15) days of the date the Bolieitotlon iB mad". 11. "Debt" melll1S (i) any indebtedness for borrowed monoy of dofatred purchase price of property or evidenc~d by a notc. houds, or other instruments, (ii) obligationa os loss"" under capitall.ases, (Iii) obli gations sccL\red by my mortgage, pledge, .eamity htteI1'Bt, encumbxl1nce, lien, or cbllrge of nny Innd existing on '\!lY ..set owned or held by the Company whcther or not tM Compal1Y h.. as,umed or becolneliable for the obligations a.cmeil thereby, (iv) any obligBtion under allY intereat rale swap agreement (the principal amount or suoh obligatioll shall be deemed to be tho uotionnl principal amollnt on which such Bwap is bLlllcd), and (v) obUgotionB L11\dcr direct or indirect guerantees of (hloluding obligations (oontingent Or otherwise) to aseure. creditor againJt loss in respect of) indcbtadness or obligations ofthe kinds rererred to in clauses (i), (ii), (iii), <md (iv) iiliove, provided that pebt shall not inchlde obligMiolls in ro.pect of any aocount, payable that are ;ncur:red in th~ ordinary coUrse of dIe Compen)"s business und ara not delinquent or me being conte,ted in good faith by appropriate procn.dings. page 3 FILLMORE, Ll,C ' Operating Agroemel1t Rx t ime:04/22!2008 23:07 Rx No.:049 P.OO6 L60/900"d GSO# GS:SG 600G/GG/VO Gv917GSS6SG ldlO :JI:XIO/8NIH:Jlnl"llH~A:'OOJ.:l 90 39~d JNI ~M~ 8L90-L59-5E<: L0:00 500i:/EG/P0 APK-2o-2UUB THU lU:4d_~~KIU1U SULUAVJNI,~PA,PA ,AX NU, coB bBl 2BBl P. U ( 12. "FiHeal y eer" meallB (i) the period commencing on the effective date of thiB AgreetnBlIt and , ,," ,,",', '" ,ending on December 31, (il) any s\1b~cquent twelve (12) month period commencing on Januory 1. end ending 011 Decembor 31, or (iil) any portion t>fth. period de.otibed in cluu,. (il) fot whicl11he Compuny i. tequired to elloqute Profits, Lo"." ""Ii other item. of income, gain, 105B, or deduction, 13. "Cros. As,et Value" meens, wllh respect to any a,~et. the: ",set', udjusted b..l. for federal income till< purposes, except M follows: a, The Initial Gross A,sct Value of al1Y ...~ot contributed by a Member to the Company shall be the gross fair maxl<et velue of ouch asBet, all determined by all Members, provided that, iIthe contributing Member is a Managing Agollt, the determination cfthe fair merl,.t value ala oontributed nBs.t shall be detennined by appraisal. b. Tho Gross Asset Values of all Company AsBets shllll be adjusted to equal their reapective gross faiT mnrket valueB, aa delermined by tbe Members, .s of the following timo>: (a) the ""quiBltian of 1111 additional interest in lb.. Company by on)' new or existi.ng Membor in exchllJ.1ge for mOre than a de minimis Capital Contribution; (b) the di.stributioll by the Company 10 n Member of more than u do minimis amount of Property a, con.ideration for an interest in the Company; and (c) tho liquidation ofth. COlupany witl1.iri,the meRlli11g of RO!llllationB Section 1.704.1(0)(2)(li)(g); provided however, that the adju'tments pursullIIt to clau,e. (a) and (b) above shall bo made only ifU,e Mombers reasonably detennine that such ,adjustment:! ate. neeessary or appropriate to reUect:the re11l.1ive economic iuterests of tho Members in the ComplUlY; , . .. ' I . /I',.'" c, Tile Gross Asset Valtl' of any COIUpany as.eta diitribnted to any Member shall bc adjusted to oq11al tho gross market vnlue of such aBBet on tbe date of distribution as determin.d by the distributee and the Members other than the distributee. provid.ed tbat, in the event of'a disagreement, the detennination of the fair mlllkel vElh,e orthe distributed asset shall be determined by appraisal; snd The GroeB All$et ValuOll ofCompal1Y ..,et. shall be increased (or decreased) to reflect ilny adjustments to the adjusted basi. ofsuoh assets PUIBL\llIlt to Code Section 734 (b) or Code Section 743(b), but only to Ib.e extent that such adjuBtments are taken into accolmt ill determining Capital Accolmt. pursuant to RegulationB Section 1.704(b)(2)(iv)(m),prcvidedhowevar. that Gross Asset Values sh.allll~t bo adjusted Pllt8Uant to this paragraph to the oxtent tile Members determine thet all adj\lstment is ~,ot nocessary or appropriate in oOllnection wiU\ a t18nBoclion that would olherwise result in an adjustment purallont te this Section, page 4 FILLMORE. LLC - Operating Agreement Rx time:04i22i2003 23:07 Rx No, :049 P ,007 LZO/LOO'd 690# CS:S6 8006/66/VO L8 397d G1791769S8S6 ldlO 3IXIO/81~IHJlnl"ll-IV^:wOJ~ 8NI 7~1~ 8L~0'L5S'5Eo L0:00 5000/Eolr0 AY~-~o'~UU~ THU Ju:qq An ~K1GW ~ULV~VjNl UYA ~A ~. ~ __ _ _" ._.__ __.. I I ~AX NU, <08 b81 ~~~1 ~, ue "14,,,... "lntere.t"o!. "Membership Int.re.t" means the ownership intereat ofll Momber in the , "',,"" . '" Oompll.l1}' "t.any pt\!tiO\\W time, inoluding theright ohuch Member to lll1Y and all benefits to which such Member may be entitled OS provided ill thi, Agreo:ment and in lhe Act, together with:theobligntion1of 6uch Membe, to comply with all provi,ions of this Agreement aud of 111e Act, as the same may f-rom time to timo change by virtuo oftn1Il5fers or chBllges in cllpital contributions of the Memb~a or otherwise, whieh interest, expreteed ll.$ . percentage. ,ball nbsent proofto the contrary bo lU eet forth on the Schedule 1 attached hereto or in I\\t amendment thOTilto, ",;", IS:' "Momber" meah' snY'per6on which bocomes a member or a S\lCCOSSor member Wl providod h.roin, and which i. li,ted on tho Iecom oftha Company as owner of a Memb.rship ln~re't in tho Company, 16. "Net Cu,h from Operation," ,neau' the gro," cllSh ptoceeds from Company opentions (including Bal.s ll.l1d diBpo'itions in tlto ordinary course of business), leas aU expelleat, including IllXes and dobt service of tho Compan)', "l1d 1e,s the portioll thereof \Uled to Fay or eotablish ro..rYes for an Compo"y e"penaes, dobt p"Y1n6llts, capilal improvements, t.pl.camentB, and contingencie., aU Ill! datennined by the Members, "Net Cash from Operations" .hallnol be reduced by depreoiation, nmorllz.tion, C06t recovery deductions or , " sltnilar allowanoes, 17. "Nat Cash from Extraonl!nnt'Y ltems" meil!l" any IranBaction not in the ordinilIY cours. of business whioh result. in 1110 Compeny's receipt of oOBh or other considerati01t other than C.pit~l Contributions, including, without limitation, proceeds of ,alas 0" exchanges or other , di,positions.ofpropertynot in the ordittnry cour.e of business, financing, refitllUloiJ;lg, condemn~tiolls. recovori as of damage swardB, and insunwce proceedB. less any portion thereof used to establi,h reserves, all sa determined by 111e Members. "Net Cash from Extraordinary Items" ,holl ino\<lde ellpriuoipal ",ld interest peyments with respeot to any note or other obligation received by tha Company in connectiou with sales and olher di.positio\1li (other tbM in tho ordinary OOIlISS ofbu,iness) of Property, lB. "Notice" mesne a writing contaillin~ the infonnation requlted by lhils Agreement to be comll1unicaled to tho l..t ,known .ddre.. o[o"ch Person, the fifth busino,s day after deposit in tho U.S. mail being deemed the dato of such Nolico; provided, however, tbat any writtou communioation containing saoh informatioll sellt to 5\1oh Person in "'lY oUter mOlliter and aotually reoelven by such Person sholl conslitttte Notice for .11 purposes rutder tbis Ag;reement on the dato of ~cteal receipt, 19, "Porooe" meM.' any individual, limlt.d liability company, Membership, oorporotion, tmst or oUler entity. 20. "Prom," and "Loases" m.ans, for e.ch Fi,oal YOl\]",!lII amounl equal to the Company's laxabl. inoome or 10'" for such y.ar or period, determined in aocordeno. with Codo Semiou page 5 FlLLMORE, LLC - Operating Agreement Rx \1rne:04f22/2ClJ,9 23:07 Rx No.:048 P.OO8 LGO/800'd Z90# 88:8Z 60OZ/ZZ/vO 6v9vZ9868Z l~IO 3IXIO/8NIH8ln~ lHVA:wOJ~ 80 39'Vd :>NI ~M~ 8L<;B-L59-5EG LB;BB 500Z/EG/P0 ~~,K-'(;-"UU~.JHU lU:44 AM ~KllilU ~ULVAVIN!,U~A,~A rAX NU, (J8 b~l "~~l P. U~ 703(.) (for this l'W1'ose, .U ilomo a[incame, g.in, los8, or deduction required to b~ slated ,., separatoly.pursuantto.cod.Section 703(.)(1.) shall bo included in taxable incorn.odo..)""._..... with tile following adjustments: . .. ',. a. Any income oft!le,CompEUlY th"t is exempt from federal l1\come tax and not otberwise lokon into account in computing Profit. and Losaes puuuant to this Section shall ho ndded to BUch tllXabl~ income or loss; b, A:ny expenditures of the Company describod in Code S.ction 705(a)(2)(B) or treat.d as Code Seotion 705(a)(2)(B) oxpenditurell pUr!I\fllllto Regt\latiom Section 1.704(b)(s)(iv)(/), and not otherwise tRken into nCC01J,nt in oomp\ltillg Profit! or Losses pUl1lUllllt to Ihis Section shall be subtracted from such lnxahle h\come or 10s8; c, In the .vent tbe Gross Ass.tV.lue ofsnyCompany alIset is adjusted pursusnt to tho provisions her.in, the amolmt of such ndjustment shall be llIi.en into ' acoolmt BS gllin orloss from the disposition ofeuoh ,",sot far purposes of computing Profits or Losse" ' d, Gain or 10s8 resulting from any disposition of Company Property with respect to which gain or los, i. recognized for federal inoome tll:'< pllrpo.es ,hall he computed by roferonc. to the Gross Assot Value oflho property disposed ofnotwithstending that the adjuSted tax hasis of 5\ICh property differs from its Ora.. A,sot Valu.; ,. ,e, ," .To, tho' extent ,an ..djushl'lont to the adJu.tod tllx ba.is of any Company ""set putsuant 'to Code S.ctiOll 734(b) or Code Scotion 743(b) i. required pursuant to ReiUlations Section 1 ,704.i(b)(2)(iv)(m)(4) to be ta1<.on into account in determining Capital Acoounts as a result of II distribution other than in liquidoti.on of.. Members intof$st in the Company, tho ammmt of suoh adjustment shall be treated as an item of gein (ifthe adjustment incr..,es.tho blltlis ofth. assot) or 105. (ifthe adjuslmel't deoreases tho basil oftlle ass.t) from the disposition ofth. asset and shall be Ween iIlto ..ceount for purposes of computing Pl'ofila or Losse,; [, Notwlthslanding sny other provi:>ion of this Seo\ion, any items which arc specislly allocated herein ,h.ll nct be taken hlto account i\t comp"tlug Profits or Lo".s. 21.. "Rcgulat1ons" mcs'" th. regulation. promulgated by:th. Dep!lltment o[Treasury under ths provisions ofth. Codo, 22. "Substitute Mamber" mean. anYP.Tllon admitt.d 10 tho Companypur'\lRnt to Iho pallO 6 FILLMORE. LLC ' Op.rating AgI.ement Rx time;04/22/2008 23:07 Rx No.:04S P.OOS LlO/600'd lSO# ss:sz 6006/6l/\70 58 39~d 6\79vl9S6SZ l~IO jIXIO/9NIH8lnw lHVA:WOJj :lNI ~MlJ BL"8-L5S-5EG L0:88 600G/EG/"0 APK-<j-<UU~ THU 1U: ~4 AM ~K 1 \i I ~ ,ULUAV I N I, I;PA, PA -- -'- -..-'-- rAX NU, <j~ 1,81 ,881 P. lU torula hereof. " . . : I ,. .:,-[,1" "...b.':"~!" 23, "Unit." meane all units ofMornber,l,ip Interest in Company. . .. ,. . . p.ge 7 FILLMORE. LLC . Operating Agreement Rx time;CI4/22/201J8 23:08 R,: l~o.:049 P .010 LZO/OlO'd Z90# SS:SZ GOOZ/ZZ/vO Gv9vZ9SSSZ ldiO 3IXICV~N[HOln~ lHVA:wOJj 0T 39'Od 8NI \l1~0I 8LS0-L6S-6Sl LO:00 600Z/EZ/r0 ~l{-<o-<UUBJ'HU lU:44 AM BKIUW ,ULUAVINI, UPA, PH ~RX NU. ,08 b8l <881 p, 11 THE AGREEMENT Tho members de~ire to form a limited liability company pursuant to the law. ofth. State of Florida. Accordingly, in consideration of Ole mutual covenants contninod herein, they ugres !IJ1,d oertify as follows; THE LIMITED LIABILITY COMPANY 1, Formation, ths members hereby fonn . limi!ed liability compnny (th. "Cof\"pany" or the "Limited Liability Company") B\lbj.ct to th.provisions ofili. Florida Limited UabilityColllpany Act as ourrentlyin effect (the "Act"), z. l!illI!:.. Tho Litnit.d Ll~ility Company ha. been organized as a Flolida Lim:itod Li.bility Company undO! th.e Florida Lilnitod Liability Company Aot by the filing of Artioles of Orgll!lization with th. Orfic. of tile Socretary of State ofllle Stute oflllorid.. A copy of the Articles of Qrganization, .s filed, is attached .. B~hibil A. Tha Members sballlnak. iIl1Y other filings required by law to be filed and recorded her.aftox fur any reason, in sneh offic. or offices as 1\1"0 I'eqnired \U1cer the Jaws of the State ofFlo\ida or els.where. The M.mb<:r. shall do all other ante and things that may now or hereafter b. required for t1,1i' perfectioll and continuing maintenance orth. Company"" a limited liability company under the laws ofth. State ofPlorida and maintain the Company"" . foreign limited liability oomp""y under the laws of any olher st.le'where Company prop~rty is located. 3, Name D{Limlted Ullbilitv Comnan", Th. nlUlle of the limited liability comp.ny shaU be FILLMORE, LLC (hereinafter referred to .:, the "Compauy"), 4. R\ll!i.tered omc.. Ra<!istered A~.nl. The location cftbe r.gistered office oftbe CompaUY .hall be 2250 WlUibbltrD Avenue, Nnpl8s, FIDrid1l34117, lllId ther...t, or at such otllOI location as tho Members may designate, The Comp<Uly's I'egilitored agent at such address ehall be Teresa Flllmere, 5. Prioeioa! Ome. und Phil:. ofBu.ine.s, The priucipal office of the COl1:lpllUY alu>.\1 b. at ;1.250 Waehbul'l1 Avallue, Nnples, Florida 34117, or at such other loc8tion as maybe hereaft.r be d.tel1ninad by tite Membership, The Company may 11160 maintain a plac. of busin=a. at s,\ch other location JlS tha Member.hip may dotenuine, Th. Memborship shnn promptly notify OIe Members of MY chang. in Ille principal office or othfll' plaee ofb,tainess, or ofthc .stab liahment of additionsl offices. page 1 Ffi.,LMORE, LLC . Opcratin~ Agre.ment Rx time:04/22/2003 23:08 Rx NQ,:049 P.Ol] L00/110'd 090# SS:S0 6000/00/\70 6\79\70986S0 WID ::JIXIO/QI'IJH81nl^llHVA:wOJj II 39V'd :)NI '\W~ BL!;0-LoS-oE(; L0:00 600l/[(;/1>0 _ APK-~'-LUU~ THU JQ:qq An ~Kj G IV ~ULVAV IN!, CPA, PA rAX NU, (O~ b~l 28~1 ~. 12 ARTICLE I PliRPOSE AND BUSINESS OF jE COMPANY ,. 'PuriliJ~e'ljfth.'CoropanY. Tho solo pmpose'ofth. COfPal'IY ~~ to acq"ire. own. finance o'r refinanoe. opente, develap. l.a~e. aeU, dlspos. af, andlotl1enV1Se manage the CompllllY Pl'Operty far invostment purposes and to eug~ge in any and all Rctivities, rolated OJ' incldomtal, to the fore~oing purpose and anYtlotheI busrn.65 pennitted by Florida law, perticuliuly tho acqujsition, man'~OjI\ent d development of rent a! propBIty (the ,"Project"), , Autborlty of Comonnv. In order to carry Ol\t its pUl11o"e. tho Compll1lY i, ompowered and authod:lOod in fllrtherance ofth. Company husiuess an al\bj cct to the provisions of thls Agr.ement ta: ..' '1.' 2. a, Barrow money and iSlue evideucos of ind.bte ness ill furtherance af any ar uU ofthe abjectiv.s of its b1l.lllne.s; b. Lend money and glla.l1luteeloan, in fUlthel1l1lge "fthe Company purpose Acquire, construct, hold, maima.in, sell, trauslb-. canvey. ..sign, mortgage. pledge. oxchange. orotherwis. diapass of Comp.ny tact.; Acquirll the ..sssts, stook, limited liability COl. pany il1!ereBts, Membership interests or other awnership ,interestB of. merge or con.ol date witi', any ather business orglln\:IOation; , Make investments in interest hearing and nOTinterest bearing obligatians: Enl'" into, exeaute amI ourry out contnot. an\;! agreements and any and ull other dooumellls an.d instruments; c. d. e, f. g. Bring and defend acti 0115 at law or at equity; h. Purohase, canc.l or othelwise rstire or dispo . of the Interest of any Member, pursuant 10 Iho express provisions af this A'feemo\'lt; and Any and all otber acts und things 11ecessary Jrproper in furU1Crunce of tho Campany blleines. , i. Pl,gc 2 FrLLMORE. LLC - Opeu ing Agr.oment Rx time:04/22f2009 23:06 Rx NQ,:049 P.012 Gv9vZSSGSZ ldlO jIXIO/8NIH8ln~ lHVA:wOJ~ 61: 39'i1d LZOfZlO"d Z9J# SS:SZ 60OZfZZ/jlO JNI \1M~ 8LS0-L6S-6Eo L0:00 6000/E<I,0 ~.K-eJ'cUU~.J'HU 1U:44..ff1BKlliW "ULVAVINJ,UYA,YA rAX NU, c,B bBl e8B] p, lj ARTICLE Il ... , :."." MEMBERS AND MEMBERSHIP INTERESTS . . ", '1','" . MemberR"nnd Cn~ltril Contributions, At sllch time a9 r~que8ted by tho MflIlngiug Agent, but nO late, thanlh. date ofth. purch"". money loan for th~ Project, the Member. shall make Capitlll Contributions to the Limited LialJility COmpallY (the "Company") a9 set forth on the .ttached Sclledtl1e. ~, a, Unite ill the Company shall not be i",ued to a Mel11ber unlil receipt of .uch Mernbm-'s initial Capital Contribution hereunder. Membershln Interests, The names and addresses of tlw initial Members, "" well a9 their illiti.l Mombership Interests, shaU be a9 set forth on Schedule 1 attnched hereto and incorporated herein by ref.ronce, 3, Additional Contributions, Each Member Bl:inll b. re.ponsible for its pro rata shm'o (based au ile Membership Interest) of ndditional capital contribution. ("Required Capital Contribution.") reqmTod pur.unnt to anotlc. ftom the Memberahip, subject to th.limillltlon, horein. In the event that Required Additional !Contributions Me required by the MembClS, .ltCh Member ohall, within thirty (30) day. ofne!ice from the Membership of such Required Capital Contributions. contribute cash to the Comp""-y towerds ,aliaraction of E/Uc)l obligation. Notwithstanding the foregoing, tho Membership .hall not require l1me.,onably ," ""..,",,;.",,.. '. ,,' higll reserveS ill order to cause Required Cspital Contribtltion. to be made by the Members. F\\r1her, tb. Membership .ball not give nOlices for RequiTed Capit01 Contribution. except to tho eX\ent that eucb Rc:qmr.d Capital Contributions .re n.cessary for the purchase, development, operation oH'pair oflhe p,oject. 4. Return of Capital Contributions. Ex..pt as provided in thin Agreement, no Member is entitled to delnlll1d or t..celve the return oflli. capital contribution, s, llmited Liabilltv Comonnv Votim!. III all m~tterll submitted to tho Members f.or · voto, each Member .hall vote in proportion to such Member's llltereat in the Company. ARTICLE III ALLOCATION OF PROFITS AND LOSSES AND DISTRIBUTIONS I, Alloc.tion" Q, Prel'l.. Profile shall be allocated to the M.rno." in "ooordonc. with their respectiv" Membership Illtere.!. il, the Company. p~ge 3 FILLMORE, J,LC. Oper.ting Agreement Rx time:04/22/2008 23:08 Rx No .:049 P .013 LlO/SIO'd lSO# vS:Sl 600llGZlvO E1 39'Od ldIO ~IXIO/8NIHOln~ lKQA:WOJ~ 6v9vlSS6Sl 8LS0-LSg-5Eo L0:00 5000/Eol.0 :JNJ ~MlJ I AP~-n;:u~!"IiIlJU:4b AM ~~JUW ;;ULUAVINI,!;~A,~A rAX NU. ~o8 08] ~88] P. l~ b. Lvsses, Losse, allo.n be allocatod to the Members in accol-donC' with theirrespective MemborllhipIllt.ra.tBilltheCom~any, ..' .. ....- .,.., '\ . . l. 2. Dhtrlbution.. From time to time the Limlt04 Liability CompllllY may distrl\mte to the Morribers 'anycasl; or property which j, deemed availllble for distrib,\tion. In dBtennining 11'0 amount "av"i1able for distribution" t!l_Membership shall coru;idor tho neede of tho Limited Liability Comp"ny for oporatinll c"l'ital, tbo profits or lossos and cash flow projected to be gen.ratad from opllIlltian. ofth. Limited Liability COlllpany, the ban'owing power oftlle Limited Liability CompBllY. as well as any debt reductions which may be requi1:ed to be made, the need to e.tabUlh c..h reserYes for any contingencies and such other eriteria !ill the MembenIUp may deam appropriate under the .ircumBlonce.. No di,lrlbution shall b. tnade if, aitor giving efIect to the diatnbution, the liabilities of the Limited LiabUity ComplUlY, othor than liabilities to the Member. for profits, los,.. Wlc\ distributions and Iiabilitie, far which Ule recourse oferoditors i.limit.d to .pecified property of the Limited Liohility Company. exc.ed the fair market value of the ...ets ofth. Lil\titod Liability Compmry, except that the fair value of the property that ie subject to a liability for which the recollrae of creditor, is limited shall be inohtded OB nn aslet oHlle Limited Liability Coml'0.1lY only to luclt extent tbat the fair marlcot value oIthat property ""ceeds tho liabiliiy. Exeept as otherwise provided for In tho oveat afliquidation, all diatributions, wh.ti,er from Net Operating Caah Flow or Net Cash from Extraordinary Items, shall be distributed to the ,,' , ., I :., MOlTibers in .ccordaneo ioith their Membersliip Int.r.sts in the Limit.d Liability Com~I\l1Y, ARTICLE IV RIGHTS, OBLIGATIONS AND p,OWERS OF THE MEMBERS .' , I. Mannl!ement. The Company shall be mflLlaged by the Membera, Except as otherwise provided irt this Agreemant Or the Act, e.ch member is an agllIlt of the Compsny for the purpose oflhe Company'a husiness aff11lrs and the act ofany MOlUber, including the execution in the n0.1na of 1110 Company of an instrument for "I'ps.r.ntly cenying on in the uau.l way the ",t,iness or affairs oflhe Company, bind. the Company, unless the Member does not haye authority to act for the Company in the particular matter and th.parsoll with whom the M",ubel' is dealing has lr.llowledge oflhe fact that the member does not have the authority to act :t Meati"!!s of and Votinl! bv Member.. a, A meeting oflhe Members tn.y be called at Ell'y time by tho.. Mombers bolding at least thirty perceut (30%) of the Pero.nta,ge. tb.ll hald by Members, Meetiog. of Mambe,s .han b. held at the Company's princip,1 pIece ofbusines. or at any ether placo designated by th.Porson calling tho meeting. Not lesa than fiye (5) nOr more thsn ninety (90) days before ellCb meeting, Ihe Person calling tho uteetU1g shall give written notioe of the meeting to eaeh Member entitled to vote at the meoting. The page 4 FILLMORE, LLC . Op.rating Agreemellt Rx tlme;04/22/20G3 23:08 Rx No.:048 P .014 LZOlvlO.d Z90# VS:SZ 600Z/ZZ/vO 6v9rZ9SGSZ UJIO :m<iO/81'IIHJU lHIIA:wOJj .1 38\1d :JNI ~M~ 8LS0-(5S-500 (0'88 5000/[01.0 APR-23-2009 THU.IO;45 AM BRIGID SOLDAVINI,CPA,PA FAX NO. 239 591 2891 p, 15 "j.:. nolleo ~h.ll,atateth.liln., pl.co !llld p\llpoa. ofthe meeting. Notwilhst.ndinB tho foregoing provuions, oach Membo! who is entitled to notice waiv.s 110tice if before ..or after tho meeting the M.mber .igns'a waiver efth.notic. which is fil.d with Ihe rocords ofM.ll1berB' me.tulga, or is pr..el\t at the llleellng in per.O\l or by proll.Y, Un]e.s this. Agreilnlant provid.~ othe<V/ia., at . moeting ofMembor>, the pIesenc. in person or by proxy of memb.r' holding not less tbl\l1 futy one percent (51 %) oftba Percentage, then held by Members enru;titut.a " ql)orom, A Member may vol. eilher in por,on or by written proxy sign.d by the Member or by tho Mll!T1bcr'. duly authorized attorn.y-in.fact. b, Excopl as otherwise provided in the Act or in \llis Agreem.nt, the .ffinnativ. vote of Membcl1l holding fifty-one (51 'Vo) or more ofth. Percant.ges then held by Members shall b. r.quir.d to approve any malt.r comins befor.lhe M",-nbor~, 3. PerRonalScrv!cc. No Member ah.!! berequi..d to perforrl\ services for tho Company solely by virtuo oEbeiug a MClllbl:!, Dolo.. appl'oved by ~ Membora, no Member shall be entitl.d to compensation for .ervioes porformed for the Company. Upon IllbstllllUat!on of the amount and purpo~e thoreof, the Member shall be entitled to reimbur.emenl for expenses r.aaonable incurred in furtherBllce oftbe bUBinoss and affmrs of the Company. 4, Duties of Parties. a, A Member shall 110\ b.liable, respo~ibl., or accotUltablc in damages or olllenvl.. to the Company or 10 any Gther MembO!: fOI uny aelion taken or any failure to act on behalf oftho CompllnY within the ecop. of the allthOrlty confen-ed 0)1 the Member by this Agreement or by law, ,ml.es the action was tal,en or omiaaion was mil4e fraudul.ntly or in bad faith or unlass the ""tion or omission constituted gross nsgligence, b. Excopt as othelwis. .xpre~aIyprovid"d in S.ction 4.c., nothing in thi. Agre~menl shal1 be deemod to restrict in any w.ytM rights of any Membor. or ofo.ny Affiliate of IIllY M.mbor, 10 conduct any other bu,h.ose o.r activity whatsoever, and no Membor shaUbo IIccollntabl.lo the Comp!lllY or to a\ty other Member with r.spect to th':t bueiness Of aclivil)' evon if tho be\sin.ss or activity oompetes with tho Compol1Ys business, The OrllBllization of tho company sb.lI be without prejudice to the Members' reapectlve rights (or th. rights aftheir respective Affiliates) to maintain, ""pal.d, 0\' diversify such othor interesta IInd oc\;viI1" and to roceiv. and enjoy profits or compons.tion therefrom. Bach Member waives nny rights tho Member might otherwise have to ,hare or pnrticipato in such ol1m inter.st or activil' a, of any oth.r Member 01' the Membor's AfJ'iliates. c. Each m'lnber understsnds and acknowlodges 11,.\ the oomlllct oflh. Company'! page 5 mLMORE, LLC - Operating Agreement Rx time: 0412212008 25: IJ3 Rx l~o,:048 P,015 LZO/910'd Z90# VS:SZ GOOZ/ZZ/VO 51 38~d 6V9VZ9msz ldlO 3IXIO/ONIH8ln~ lHVA:WOJj :IN I \;iMeJ 8Lg0-L5S-6E(; L0:00 600(;/0(;/.0 " _. ~K-c'-cu~TfI.\! JQ:,4b AM ~KIUW ,UL~AV IN!' t;~A, PA ~AX NU, ,j~ b~l ,881 p, l~ bu,ine.. may involve business deoling, and und~rta1dngs with Membo", un.d their Mfiliates. ln any erthass caso5.tilOS. deslings and unde11:u,lnil5 shall bo at arm's length and on commerci.lly loasenable terms. 5, L1l1bllltv.nd llldomnil1oatlon, " A MEMBER, AN AGBNT, OR ANY EMPLOYBB OF THE COMP ANY SHALL NOT BIl PRRSONALL Y LIABLE FOR THE DEBTS, OJ>UGAT10NS, OR LIABILITIES OF THE L!MlTED UABILITY COJ.\IIPANY WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, OR FOR THE ACT OR OMISSiONS OF ANY MRM:BER. AGENT, OR EMPLOYEE OF THE coMPANY. b, The Campf\llY shall il\demuify each Member for allY oct performed by tho Member with respeot to Company matter., except for willful misconduct or teclcl...ns" or on jntentiolUll bread, of this Agreement. ARTICLE V TRANSFERS OF, AI\'D RESTRICTIONS ON TRANSFERS OF INTERESTS OF MltMBERS 1. Inve.tment Representations, Each Member hereby T.ptesent. IU1U wlltt:mts to the Comprmy and lbo Membershi.p as follow", a. Such Member has ..,rHeient knowledgo Ilnd e)(perienc. in :linsncialaud business matter. that it is capable of eval1lating tIle merits nnd rislcs of its investment in the Company; , b. The Compauy has mad. av.u.ble \0 ouch Member and hi. advisors the opportunity to o:;k q\l",tions of, l\.!Id rece,ive ';lSWor, from, tho Company and !illY person acting on his behalf conoerning the t.rms and conditions of th. offering ofthe Comp."y lnt.re.ts, the Company, its business, and ,wy oUler matlers which '\leh Member 01' his advi.ors aecmed malorinl to its purchaso ohho Company Inletests Md to obtnin any additional infornmtJon, to the extent tho Company po.se.ses suoh information or can ecq,lire it without 11ll1'es5on.ble effort 0, expense, nece,sary to ..valuate the marits and risks of an inveslm.n'dn the Company, o. Slloh Member is acquiring tho Compauy lnterest for'his own accourlt, for inveatment only, and not wilh a view 10 the resole or distribution thereof, Sneh Member a!ll'ees Ihm he wi\lllol sell, assign" or tmllefer SUCll Intere,t or fraotion thereof to Illl)' Persen wile does Dot ~imi1l\l'l)' represent, warranl and agree to these nlV.stmBllt Repres.nt.tJo~6, ' page 6 FILLMORE, LLC . Operating A!ll'eemcnt Rx tim~:04!2212003 23:09 Rx No. :049 P .016 LGO!910'd G90# vS:SG 600G!GG!vO 91 39~d 6v9vG9S6SG l~Ia 3IXI0I8NIH8lnW lHVA:wO)j JNI ~MOJ 8L90-Lo~-oEG L0:00 6000/Eo/,0 __ ___~PK-c~-cU~~ THU ~4b AM ~KJUIV ,UL0AV1NI.oPR,PA rAX NU, c~~ b~l c~~l P. 1 ( . d" . "."J:be,ev.crall cCn'llnitmel1t of such M.mber te iTlve~tm'Tlts whieh llr. not readily marl'.tubl. i. not disproportionate to hi. net werth, and his inve.tm.nt in the Company will not cau.. .uch oveml1 co=it11\ent to become exoessive, .. Such MontbOl' hali adeqtt!lt.l'nean. of providing for ita C\ll'!ent needs and personal cDntingencies and bM ne ne.d for Clm:ent income or liquidity in his invesnnent in tho Company. f, Such Member is aware that this investment hwolves . high degree ofrisle and that it is pes sible that its eutire investment will belos\, Such Member is able to beaT the econemic risk of \his inveatment in tho Camp"")' ami CIUl afford a cemplet.los. of such investment. g. Sttch MembBI ulldersta.nda th.t (i) in roliance npon ";"h Memb.re ropro.ent.tions, the Compeny Interests have not beon register.d 1llIder the Secluities Act or any applicable .t&t. seollIitiea law, (it) bscause the Camp an)' Interests are !lot so registered. auch Member must bear the economic risk of holding ths CompilllY Intor.sta indefhrltely and the Company Inrereslll CaDIlDt be sold without registration under the Securitles Act or appllcabl.,etate .e.uritio. l.ws or oxemption thorefrom; (iii) the Complllty will note the restrictions on reBele 'et forth "bov. on ita transfer recordll!lld any certificates of OWllerohip; (iv) "oither the Manager nor anyone else hRll undertal,en to regisier far resale eny afthe CompllllY !nte;ests undor the Sco,uritios Act. (v) Rule 144 promulgated under the Socurities Act i. not, IlItd prob.bly never . will,1;>o, avajlab!e for resales cftho Compe.nylntorest.s; end (vi) thero is lIO trading or ressle market for the Ccmpany !ntereSts. .."ct it is not likely any ilUch mll1'ket will ever exist in the future. z. Ijmitation! on Transfer of LiTlJlted Liability COll\lIBnv Interest.. a. Except as othorwise provided hsrein. no Member shnll transf.r the percentage interest in the United Liability Company OWlled by sueh Member, by aBle, gift, pledge, will or by operation ofl.w, either voluntarily or involuntarily, OI<cept in compliance with the tenns of this p"".grRph and any trano:fer ill violation her.of shall be null and void and of no effect. Until n Member's percentage interest In th" Urn!te'1 Liability Company is prop!!Tly tuuSfCl"led in accurdance with tile tanns hereof, the Limited Liability COIl1peny sha1\ Ilot be bound to rcccg\1.lze or d..1 with MY third l' arty with respect to ~ucb parce,utage lnterest. b, Su.bject to the provisions of subparagraph d, tl1a Member.s shall b~ permitted to uw'!.sfe.r their lnterests l.m.der th,e iollowing circ\unsto.ncea: page 7 FILLMORE. LLC . Operating Agr..m.nt Rx time:04/22I2OD3 28:08 Rx No, :049 P .017 LZO/LlO"d Z9O# vS:SZ 800Z/ZZ/vO L. 39~d 6v9vZ9S6SZ l~IO 3IXIO/8NIH8111'llHVA:wOJ:J 8L"0-L55-500 L0:00 5000/El/PO :)l'-ll 'v'(Y(ij L -..!lI:',H-cj-i~UU~ THU lU:4b An ~HlUW oULUAVINI,l;t'A,PP, ,AX NU, c~~ ,UJ c8~l P. 1~ , ':,'''' ',' I.,':. 1 . Upon the death of any individual Member, 6\Lch Member'S Interest shan be transferred in accordMce with .nch Member'a WH!, substitute teatamentary docume"t, or by operation of hew, subje"t to the teI!l13 and condition, of any 6eporatO wli\ten agreement betwe.n the Members: 2." ':An.indlvidual Member may gift hi6 Interest to llI1 immediate family member, or..."" grantor or 11On-gtanto~ 1n16t for peraonlll estat~ planning purposes in order to reduce or avoid potential f.deral gill; or .slats t!ll\es; 3. AMember may transfer hi~ Intere't to any Affiliate, lIS defined heroin; c, li1 lile evont e. Member desires to 6e1\ .U of the M~mbcr's Interest in the Company (the "S.lling Interest"), I\tId suoh Member lis, receIved a bona fide Mitten offer to purchase from. nam.d third party, and the Member desires to dispose of his Interest pursuant to such o'lYer. tbe following restriotions sltall apply: ]" Such Member shall tmmediately notify the Company and tbe other M~ber' \h.the h~s a bona fide off.r for the purchase of his lnt~eat, .tating the name and addres. ofth. proposed purchBll.r, and enclosing with esoh notice a copy . ofthe written oller frt>m tile tbird party settinll f'Orth all ofth. terms and conditions of the propo.ed s.le: 2, . Th. olller Momber5 5hall have the option, which they may exerci.e by giving notioe to the sellinl: Member within tl1irty (30) days of receiving written notice !'rom the selli1\!! Member, to purchlll1' the offered Inter.st at the same price and on the SllIne te"". and conditions Ill1 ,et :forth ill the written offer from the tbird party. In the even! mar. than ana Member desires to OXOJ:ci.e his option undar this paragraph, thell each Member shall have the right to pUI;ch..e the selling Memb.r's !nt.r.st in proportion to tho IntBre.t then h.ld by .ueb Mmnber, 3. To the extent th.1 the Members do 110t exercise their oplion as sol forth above, then Ihe Company sh.ll have tho option, whicll it may ."erci.. by giving notice to the selling Member within f011y (40) day' ofwritton notice 'fi.om said Member, to ptltcha.e the offered Il1terest at the same prioe snd on the s"",e term' Illld cOl1w!ions a' sot forth in the written offer frt>m the third party, 4, In the event that nO Member, nor the ComplUlY, desires to purchase the Se\llng Intere.t. thon the Member desiring to dispose ofilia Intorest may ..11 .11 (but not lees thnn all) of such Intor.et to the named third party llpon the following eondiliolW only: page 8 F1LLMORE, LLC . Operating Agreement Rx time:04/22/2003 23:03 Rx No.:049 P ,018 LZ0/810'd Z9]# SS:SZ 600ZIZZ/vO 8 t 39\1d 6v9vZSS6SZ l~Ia jJXla/9NIH8ln~ lHVA:WO'j 8Nt \lM~ 8L9B-L69-6U: LB'BB 50Bl/Ell.0 ~-,::H:UU~ '1HU lU:Qo AI1 ~KIUW ~ULURVINj,~I'R,~R rRX NU. ,j~ 081 ,881 ~. 18 ,,' a. That the term. end conditiollS of the sale IIr~ the same as sot forth in "'"'. '" .".-the written offer of the ,!bird party original1y pr..anted to the selling !' '''.-.1d\:. "., "-Membelt; a.nd' ' ,,:, .... :1;: b. That the tlllrd party, prior to or contOllUporanoou,ly with the sale to him . . ,of the hlter.st, ag,"el iit writing,.and.in acceptable form to legal ooun,el for the Company, to bo bound by all of tile terms and proviaions ofthis Alireement. Provide hO"lover, ihuch sale is not completed within llinety (gO) days after the ..mng Membor', notke to the oth.rMembors of his desir.,to aell. or if the t.nna of such s.le sh.ll be materially changed, tho ..lling Member .hall again givo notice to the other Members of his d.aire to .ell al1d another oppontmity to exereiee tbe aforesaid right of fiut refu~al. .""..t, , .' I.... '. ~" . d. Notwithstanding !lIlY P!'ovi.iol1 to tile contrlltY. a Member may not ~ell, !l'1Il1sf.r, or ""sign in whole or in part its Membership Int.rest if s\1ch s61., transfer or assignIllent would cause II tennil1lltioll of the Company for federal income tal( purposes whioh would negatively i.tUpnct any remaining Member(s), AJ1y purported sale, trllIlSfer or assignment thet would cause such termination sheH be void and of no effect. CotUl.el fur the Company shall giva ita opinion to the Membership as to wheUler such ..1., lTllllOfer or assignment wO\lld oaUse the tormillation ofUle Company for federal illcome tax purposes. as w.U"" whether such termination negatively impaot. any romainlug Mombcr(,). and the , Memberahip shall be entitled to rely l.\pollBuch opinion in detennillillB whether euch .ale, transfer or asaignment would oallBe stich tennination. 3. Adml..ion of substlnlto Member. n, Subjact to the other provisiona Of~lis Alticl., llll a.aigne. of the Interest or. Member (which shan be l.1I1der.tood to include Il.llY purchaser. transfere., donce, or otber reoipiont of alty di.position of ~tlch Interest) shall be deemed admitted IlIl . Member of the Company only upon th_ written CO\lBent of all Members onhe Compeny, which COl15ellt shall take .ffect upon the completion of the following n5 dotermilled in tho solo discretion o-;tlle Membership' 1. Th. ""siglto" 5hall have accepted a.nd agreed to b. bOlmd by tbe tcnn! and provisions ofthis Agreem.nt by executing a Coul1t~rp!lrt thereof end/or such other dooumenta or instnlrne\lts as the M~bcrship may require in order to efff;)Ct the adrniliBion of In.lch Person as a MembDIi page 9 FJLLMORE, LLC . Operating Ai:reemont Rx ~ime:04/22/20~3 23:08 Rx No,:048 P.018 L30/Sl0'd 390# SS:S3 S003/l3/rO 5'[ 38~d SrgrlSS6SZ l~]a 3IXIO/8NIH8ln~ lHVA:WOJj :!NI ~I;~ 8LS0-L5S-5[2: L0;00 5B0G/[G/o0 .!~K-'o-f:UUB THU 1U:q~ AM ~KIUW oULUAV1Nl, cPA, m ,AX NU. 'O~ bBl ,BB1 ~. ,U 2, If the assign.. is a. corporation, the as&ign.. shall have provided the , ,Membership with evidonc. ~aU.f.ctoT)' to caun~el for the Company of his. olli:hority to become a Momb,,"undar the terms and provisions oHhis Agr.ement; 3. Tne ,nsslgnee shall nave paid ail r.a,onablelegal fee. au filing and publication costs inotured by Ihe Company andlor t1te G~n.ral Managor in connection with t1te sub.litution of the Plsignee os a Member; b. For the plll'pOS. of alloonting profits and 10ss~' and distributions. a Sabstitut. Member .hall be tront.d as having become, and appea:ring in the record, ofthe Company as. a Member upon its ~1<ecutitlg this Agreement nndlor suob other doouments r.ferred to ill thi, Section, c, . The Membership slulll cooperale with the Persoll Beelcing to become a SllbBtitute Member by preparing tho documemAlion required above and meking all official filing' and publications. The Company shsll take an OUDb action as promptly as is pr.cticable aftar the satisfaction by the ...ignee of the Inl""e.t oUhe conilllion, of this Article to the,admissioll of Bueh Person as a Member. 4. Ri~lit. of A..i~n.e' of Membenbiplntere'ts, Subject to the provisions above, and except as reqnired by operation oflaw, the Compsny,shaU not be obligated ior any plll'pose ;. "" '..", :".. .', ..what"" eV,61~ to: rJl.cogrlizo..the.sssigcmout.by .any Momher of its ,Int.r.sts .\lIlti1.th~ ComplllIY-'---" ha, r.caived Notice thoreof. snd cornplillI\ce with all the condition, ofthla Agreement. Tho' assignment of snob Interesl,s in the Limited Liability Company doe. not i~e\f entitl~ the ...ignee to participat. in the mll!\ageltl"",t and affair, oflhe Limit.d Liability Company or to become ~ Member, Such ll.&aignoo is only onbtled 10 re~eive, to tho o1<lenl assigned, the !JJtorosts to which the assigning Merlib.,: would otMrwi.e be entitled, ". "---".'"'' ....~. ARTICLE VI TERMINATION AND LIQUIDATION 1. Dissolution of tho Cnmnnnv, The Company shall be ,lis,olved upon: ., The "\Janimou. eonsent of all M'lnbore in the Company; b. 'rho daath, imnnity, bonl<T\\ploy, die.oMion, romement, resignation, or e};palsion of any Member; Excepl that ifiliere is at ].a,t one rel1wning Melnber. lhe remaIning Momber(,) have the right to oontillue the blUline'B of the Con1pany. Such right oan be exerci50d only by tl\. affinnaliv. unanimous vote of the rel"sining Momber(s), within 90 daye aft., the occurrence of s\lch event, 10 conlhm. tile bUBine,! of tho Company. If not '0 exercised. the right of the Membors to continu. Ih- bneine" of the Company poge 1 0 FILLMORE, LLC. Operating Agreement Rx time:04/22/2009 23:00 Rx No,:048 P,020 LlO/OlO'd 19J# 9S:Sl 600l/lll\70 6\79\7l9S68l l~IO jIXI0I8NIHOl~1 lHVA:wOJj 0/: 39'7d 8NI '7M~ 8LS0-L5S-5[0 L0:00 500/:/[0/.0 R~K-<:::H'UU~ THU 1 U: 40 RM ~i{lU W :;ULURV IN!. UPR, PH 2. 3. "AX NU. <::,B bB! <::B~I p, <'I shalle:irs~~ the companyls,aftaira ~haU be Tncl up: The passage often (10) days after ths OlIo or 'ho( disposition ofs\1bstanti1l.1Jy all of tho ComplU'ly'. .s.ot~, unle.., pdor 10 !he end pf~uch ten (10) day p,",iod, the . Members consont to the acquisition of other SOlll'llnY Property: Any even.t whiclll1lekoo it qnJnw:[u! for the bU~ine~a of the CompilIlY to be oenied on by the lllemb.rs; I Any otl~.r event causing a dissolution of a lin~ite 'liability company un.der the Act, : Windl1l2 Uti, l . R.' .. Upon the ,dissolution of the Company, the Co Pjll\Y busineas shall b. wound up and its ass.t. liquidated Illl provided herein, lU1d the +t proeB.ds ohuch liquidation (or the procaeds to be di.tribuled in the liquidalidn ~f any Member's Intere51 in the Company) shall be dbtributed in aocordanee ;.vit the rerms below. Th. Liquidator shall file ell certificale, and ~Ii . ee ofthe dissolution of the Company required by law, The Liquidator sh.\! proend w thout any unneee..euy delays to sell and otherwise liq"idate the CompBnY'~ propelty rnd "Bets; provided, however. lhat if tho Liquidater .hall detennin. that an 'Imm.~\aLf ,ale of pen or all of the Cornp&ny Property would cauSO undu.lo., t~ the Membe~e, in order to avoid suoh loss, the Liquidator mny, exoept to the .xtenl prOhib~j' d ,pY th.law, of the Slate ofFloridn, defer the lIquidalion oflllO Company Prop. fpr a reMon.bJ.time, e.xcept ror such liquidation as may be Il.e.Baary to satisfy th debts and liabililies of the Compl\nY to Person. other thsn Mombero or Affiliates Ih;r.~f Upen the complete liquidatioll end distribution o[the Company a..els, the Mertlbet, ,hall c...a to be M=bera ofthe Compauy lUld the Liqllidator shall execute, ~cl~owledge and c.u.. to he filed all certificate, and notice. required by law to telm*' ute the Compuny, tlpc" diBsohltlon oftue Company, the Liqui~at r shalJ calIse the acconntlUlts for the Company to pr.pllte, and the Liquidator ahaft' mish te oa.h MembO!, a !lnte>nont ,elthlg forth the aaaet' and Iiabilitie, oHlle q;O*J?OlIY llpon it, di,.olution. Promptly following lho complete liql1id.tioll .lld dl.lribu 'on of the Company Property and ossets, the Liq..tidalor .hall callS. ths Comp~y aceOt\lllenlS to pr.pl\I"e, and the Liquidatol' shall flIrnish to esch Member, a .tat ment shewing the manner in whioll the COlnpany ""s.l. were liquidal.d and disjribut,d. Dlstl1llution of As.et. uno\l Liouidatlon, The asj,.JOfthe Limited Liability Company ah.ll bo eppHod or distributed in th. following order of dolilY: psg. 11 , . FlU-Mmm, LLC. 0'"1""'-- c. d. e, b. c, Rx iime:04/2212003 23:08 Rx No,:049 P,021 ov9\7l986Sl ldIO 3IXIO/8NIHJln~ lHVA:wOJj 16 39~d LlO/lZO"d 190# 98:82: 6006/2:2:/\70 :IN] ~M~ BLg0-L5g-5E1: L0:00 5001:/E1:/.0 Ay~-,'NUU~ THU lU:4d An ~~lUlU ~ULVAVINI.[;YA,fA ,AX NU, ,j~ b~l '~~1 Y. Ci:: n. To p,y or provide for the paym~t of all liabilities of the Limited Liability ~mpllIlY other than to tl1. Members; , .,~t~...., '::.! ~'.!t)i::..~.ini~.:::, ;:1, '..' " , ,.. ' '" ," . ','. . b,,'; ,/'To'pay.':ll'expens., of liquidation; I .;.. ,..:1 :>' I ,.1l.~I\.,~. b. To payor provide for the paymOllt of ~llli.bi1ilies oflhe Limitod Lill!lility Comprmy to its Mlllltlb~s; c. To the Members, pro rain, in an emouut equal to their positive Capital ACCOUllt 1,ll,j:,,,~ ,.,.' ....balancl!lS;' and d. The balance, if .ny, to the M,'tlben pro rata In acoordanoe with their Percentage Interests in the Limited Liability Company. ARTICLE VII BOOKS, RECORDS AND FINANCIAL REPORTS 1. Bool,", Records and Financial RenlUiL , '0:, .., ""Tl1e'Limitec1'Liabllity Company shQU;mBintain a3 part of Its books IIlId record. 'at aU times: 'f :.,',," '," ';....,;" I )" .....,............. i. a current list of the name and l~'t known bu,ine.., residence, or mailing addre~' of .aoh M.mber; ..,-..",'...,,---." "' ii. a eopy oflho Certificate ofForm.tion and all amendments thereto, and a copy of this Agroement and all exhibit. and "",endu1enls !hatllt.; 111, oomplote information regarding the date on which each Member became a Mumber, !he date and .weed value of '!lOh capital oonnibun..,,] of ea.ch Member, the percent.ge intere.t in the Limited Liability Company of eaoh Member, lll1d the Capit,,] Account of each Member; and iv. a coPy of aU tax returns .lld all anna.l accoun!.. b, Th. booi" and rccord. ofihe Limited Uobility Company sh.lI nt all tim.. be m'1ut.tned at the princip.1 office of tho Limited Liability Company. Bach Member, or hi. duly authorizod ngOllt. Ihall have fuU, complete, aud unrestricted access to all of the Limited Liability COmlla!!)". books und record, at al.1 times, 2. CItBtodv of Comnanv Funds: BanI' Aconun". page 12 FILLMORE, LLC ' Operating Agreement Rx time:04f22/200S 23:\0 R~ No,:043 P.022 LGO/ZZO"d ZSO# SS:SZ GOOZ/ZZ/vO a 39';'d Gv9vZSSGSZ: l~IO 3IXIO/8NIH81nH lH1A:wOJj 8NI ~MQ 8LS0-L55-5E1: L0:00 5001:/E1:/00 _ ~tK-~~-~U~~JHU lU: q~ Arl HKIIiW oULUAV INl, op~, ~R rRX NU. ~~~ 'J~l ~~~1 p, co a, The Membership ahall have fiduciory respol1llibility for the safekeeping and \\se of all funds llnd aa.eta oOho Compau,y, whether or "ot iu tho immediate poss."ion or control of the Membership. Theli\nd. o>tho CompllIJY ab.ll1ll\ot be oommingled ,,11h tile fundi of any other Peraon, IIIld th~ M'rnbqr~pjp,~I~~l)nj'}e~ploy, O! permi~ al'Y oth.r Person to OInploy, such fund. in Jl1lY mannor except for the benefit oHhe Company, b. An ft\Od, of the Company not otherwise inv..ted shall be deposited iI1 one or more accounts maintained in SUCli bnnking institution, as the Membel1tbip .hall determine, and withdrawals ,hall be mad. only in the reguls:r oOtlrse of Company busille" on such .iguatule or .i~Mtu,e' as the MembBT.hi,p may. from time to tima, determine, ), Renort.o to Members and 'Tax FilInl!'. Tho COlnp611Y shall file with ilIa appropriate il1lamal Revenue Service offioe a\1 infonnation tax return and 8h811, at tho time of filing, mail to each MembOl' Ii copy of it. Sch.dule I{.J to tbe Company's inlonnation tax return within 90 days ofthe and ofth. CompllIlY'. fiscal year. In addition to all Company infbrma:tion required by the Memb.rs lor ta" reporting purpose". the COmp1ll1Y al80 shall mail t~ 1h. Membeti, within tho 90.deyperiod after the end of the Company'e !iscal year, . copy oftha Compltlly" audited balanca sheet, oash flow and operating statement for th~ fiseal year jUllt ended, At the Diose of . .ach fiscal year, an acoountlng .hall b. mad.,ofthe operatio.no of the yelll' which shall incl,ttde thepr:psration ofa balllIloe 5haet as at the clo,e ofthe year and .tatement of the operations of the Limited Liability Company for the yallr then ended, B..ed on the detenninationD so made, the Limitod Liability Company shall. within ille time period ,e'lulred (including extensions) file all neC65Ssry \nx ret11nl" lUld pay all taxes as may be due resulting from the Limited J1ability Company'. operations. ARTICLE VIII AMENDMENTS No amendment to this Agreement maybe mad. without the unanimou$ cOIUleut of the Membersbip, except that this Agre.m.nt may be amended by a majority jntere.t of the Memb.r. (i) to admit Additional or Substitute Mell1bel"li to tho Company; (ill to cure an ambiguity; (lii) to correct or ,upplemont any provi.ioll he.reolwhich may b. inooneist01\t ,,1tb allY other provision hereof; (iv) 01' to maKe iUly oth.rprovisio11 with ra.peet to malters or que.tions m:ising under this All'eamcnt not inconsi.tent w.ith tbe intent of thie Agreement. Notwithstand\ng tbe foregoing, this Agroement .hall not be amended without the conaen.t of eac], Monlber adver,cly affected ifsueh .mendment would(i) modify the limited liability of a Member, or (il) alter the Intoreal of a Member in the profits, lese.s. other item., or .ny Comp!UlY dislri.butions. ARTICLE IX ADMINISTRATIVE PROVISIONS pago 13 FILLMORE. LLC . Operating Agreement Rx tirne:04/2212008 23:10 Rx No.:Q.:19 P .023 LlO/8600d zson SS:SZ 600Z/ZZ/rO 6rgrZ9S68Z IdlO jlX[O/~1rH8ln~ lH~^:wOjj EG ]9\1d :JNI \lMCI 8LS0-L5S-5EG L0:00 500G/EG/p0 ,~~K-,j-,U~I'HU lU:q~ AM ~KlujU SULURVINJ,oPA,PA rRX NU, ,jB oBI 2BBl ~. 'cq ,,,. ,1, , ," Mer,,~r of.PriorA!!l'eements, This Limited Liablllty Cornpeny Agreement contains the scle ,'"'' .'"'' , c;" .ill111 .ritiroagr<>om.l1t :llIlil understanding .fthe porties with rellp.ot 10 lhe ontir. subjoct malt.r ,', ,""', hereof, Any ond all plioI' disoussions, 11egctl"nons, oommitment., and understanding. rol.ting thereto arohereby merged h.rein, This Limit.d Li"bllily Company Agreemont cannot b. changod ortellllin.t.d orally, ' 2. Governln? Lnw. This Limited Liabillty Company Agreement and the obligations of the Members ho",undcr ,hall be interpreted, constn,od, and eoforced in llOcordanee with the loW! oftM Stote of Florida, 3. Wftiver, No consent ol'waiver, express Or impli.d. b~' llllyMemborto or of any breach or d.foult by <l.IIother orth. F.rfonnanc. by 1lIl0ther of his obligations hereunder eIlall be d.emed or cOl16tmed to b. a consent or waiver 10 at of any olher breach or default in the perfbrrnane.1>y such oth.r porty ofth. '11m" or any oth.r obligation of such Memb=n-n.tel1nder, 4, SoverMllitv. If any l'rovisiOll' ofthia Limited Liability CompallY Agreement or Ihe application t11Jlrecfto any person or cirelitllstance shall be invalid or unenforceable 10 any ,. '" ","" extent, -the remeinder,oflhi, Limited Liability Compan)' Agreement md the application of " such provi'ion' 10 othor peT60ns or cjrclllllllt1lnCO' .Mil not be affect.d thereby and ,hall be ,;,,:, I ,;;,,,,, .." ienforc.d,t6.th.e,e)(tont,perm)tt.d by law, ., ,... "....~ I'.'" P ,.."., 1111,..<1 '. 'I" ""., "." ,-., " "",. "....' . 5, Binding A~r.em.nt, Subject to the re.mictions on ltf!!l.fers and enotunbrlUlce, set forth horehl, thi, Limited Liability Company Agre.meut .h.U inure to the benefit of and bo binding \lllOO the Membors and Iherr ro.pective h.ir'. executors, legal representatives. SlICcessors, Ill1d IlBsigns, Whenever, in thie instrum.nt, a ,..fcronco to :my pony or Member is malic. .ueh referenoe shall bo deemed to include a teferene. \0 the heirs. ""coulD,", log.u representative.. soooe,eora, and nssigtlll oJ such Member, 6. No Rights Created In ThIrd Penons, This Limited Liability Compsny Agreement i. intended solely for the b'enent ofthe partlss nnd does not creote any ri~ht, in persolle 110t pam... hereto, page \4 FILLMORE. LLC . Operalinn Agreement Rx time:04/2Z~008 28:10 Rx 1'l0.:049 P,024 LZO/vZO"d Z90# 98:SZ GOOZ/ZZ/vO 6v9vZ9SGSZ l~Ia 3IXla/8NIHJln~ lH~^:WOj~ VG 38~d 8NJ ~M~ 8L~0-L65-6E(: L0:00 50GG/Eo/vB _HP~-('J-(,UUB THY IU: 4 ( An ~~IU IU ;;ULUAV IN!, UPA, PA "AX NU. i'J~ bBI eBB] p, i'b 7, Count.rpart. Execution. This Limit. Liability Compen Agreement mey be ex.ecuted in ',on. or. more coullleIF""', each ofwhlc . w~lex.ecuted.'uJ d,livered, sbEll! be an 'originel b.tt,all of.wllich,together shall omtitu!. aile end '10 some agreement, 'IN W1TNESS WHEREOF. lhe Mamb r6 hay'. signed thi. ["lmile(] Lif'bility COmpany' Agreement as of tho dale fit.! written above. . ...~, ---.. .'".~'''' - Joh I A. Fillmol" WITNESS wl1'NESS Tor 9ft Fillmore l:i:\CCt.\$S~\IOI\llc aperllltlB 'aT1::o::JtlCl1\ 11'Mlll~illa m::m\lel',w~(j peg. 15 '"LMl' U.C. 0,,",,,, roo' Rx time:04/22/20a3 23:10 Rx No. :043 P ,025 LZO/9Z0'd ZSO# gs:SZ GOOZIZZ/vO Gv9vZSSGSZ IdlO jIXIO/~11IHJlnl'~ lH'~^:wOJ:J 51: 387d :JNI \lM~ BL50-L55-5E1: LO:00 500G/EG/v0 .[ R~K-<,j-<,UU~ THU lU:Q/ AM ~KIGW SULUAVIN1,UPA,PA fAX NU <,j~ o~l <'~~l r, ('~ " j ,'".H.I.. ,,: ,.,., ,:~., .:.1 . ,,-,' ", SCHEDULE 1 II).itial Members and their initial Membership Interests" ." . . ".. ~; . : ',' , ....,., Inltlol ConttlllutiOIl A{]ti~iDnted CDntrlbl1tion 50 % lntilt.Et John A. Fillmore 2250 WusJlbutn AVel1t1o Naples, Floridl\ 3411 7 $ o 50 % !nt.root Toresa Fillmore 2250 Washburn Avenue Naplc5, Florida 3411 7 $ o page 16 FILLMORE. LLC . OperMmg Agreement R, time:04/22/20Cl3 23: 10 Rx No.:049 P,026 LlO/9l0'd 190# 9S:Sl 600l/ll/vO 6v9vl9S6Sl l~IO jIXI0/8NIH8ln~ lH~A:WOJj 91: 38~d ::JNI V'MCI 8L.0-LGS-6E1: L0:G0 6GGG/E1:IP0 A~K-"Ch:'UUUHU.l.~:.41 AM ~KIGW ~lILUAVINl.lIYA,~A ,AX NU, <3B oBl ,BBI ~, "I SCHEDULE :z Aereed Upon Pre.V~nture Expon,e' ~ ....1.. , 1'."(,,.. ,.. I ,." . ) ",,' ", page 17 FILLMORE. lLC " Oporating Agr.ernent Rx tirne:04/22/2003 23:10 Rx No. :049 P .027 L30lL30'd 390# 98:83 6003/33/\70 6\79\7398683 l~IO 3IXIO/~~IH01~q lH~A:wOJj L'Z. 39l;;ld JNI \1r<'<1 8L!;0-L5!;-5Co L0:00 5006/CO/00 ~P~-cH:U~HU~.:4, AnB~l.Ii.l~ ~ULURV INI, I;PA.PA fAX NU. c,~ b~l ,~~l p, U, - A.RTICLES OF ORGANIZATION FOR FILLMORE, LLC A LIMITED LIABILITY COMP ANY ./UlTICLE I ;, The Narn. OfU,.l.imlted Liability Company io: FILLMORE, LLC ARTICLE IT ThemailingaddJ:e5aand.tr.et address of the prinoipal omce oflh0 Limited Liabllity Company Is: 2:ZS0Walhburu A"enuo Nnples, Florllla 3411 7 ARTICLE nt ;;!CI> <= "-\!l .... r"" ~ S=r:"l "Tl "" ... ""' ",P - ~51 0 r- me (11 " ." ;; 0 ;D", ""~ <;;i ",,"" ~-< N >>-en = Tho nome ""d the Florida streat addr.s. of Lb.. r.gis\<:rod aGant ar': Terelll Fillmore 2250 Washburn Avenue Napl.., Florida 34117 flavlJlg beellllorned a. regl.tered and 10 aDcepr ,e,,,ice ofproco.s.for the above 'Ialed limlled /labilll)' campa, or the place d""ignatea Inllris ccrlfflcate,l hel'eby accept rhe appOill!","nt as registered agent and r>grCl: to a~ in rills capllci~'. lfUrrllcr (/g7"..ro compl~' \Viril tlr p al'ls!oM alallstatllt"" relating to the proper and oomp/' porionnane. oJm)' dmie6. 0I"l[ ami.mllia.witl GIl acoept ,he Obw::=-U6 registered "Hell Dated: ~<\~ ~ ~~.-==: " S!llnr>turo of a member or nil "u~horl2ed representative, " member: Tere.a Fillmore (lJl acco,dlUlee with ;;ection 608.408(3), Florida Slatutes, th, eJ\.ecution oHhis dooument constit'll!os an affirmation under the penelties of p"jUry that the faclS stat.d herein are troe.) S:\CC'1.\!5.JCCI \l,U:.Cl'!.\\ild Rx time;04/ZZf2009 23:05 Rx No, :043 P ,002 L00llOO"d 190# lS:Sl GOOlllllvO GB 38\id Gv9vl9SGSl l~IO 31XIO/8NIHJlnN lH~^:wOJ~ ::JNl \iMtl 8Lg0-L6g-5EG L0:00 500G/EG/P0 rAX NU. 0,8 081 0881 ~. UJ _. ,.......A~K-oHUl!8_TH!L1U:~n ~KlliW oULUAV IHI. L:I'A, ~A " (R~YS$>>~G NIl'I"ltl) (Add....) lAOdrNI) (CIty/Slit~pIP~on.1l) o PICK.UP 0 WAIT o MAIL (S.uill'1eSS en~ty" Name) tOGCum"nt Numbs.) c.rtm.d Cop!.. _ " Cettillo.to. or $tlIlW"--':' Sp.o"lln.~uollon.1>:> Filing Offt..r. !.,me , ..,lIablllty " .- ^ . ~ -"':',rn\ner Dee UEiilOnly , pr.o. fu-~ .. oec ~ Verb , -",-" . -..., " '.,,<'.!gt:.'lCJr'lt \lee ,,- \ \,'\', P. \ierlf'lflr t-lL.C , . \ 1- Rx time;04/22f2003 28:06 LZO/SOO.d Z90# ZS:SZ 600Z/ZZ/vO C0 39~d ::IN] ~M~ .. 131 :w. ~~\~~\1\~\~1~~1\11\\~ ~\ll~\~~II~~~ 900015460859 04/10i03--t!!Q-i\S":;-[J!4' ~~:125,OO ~V> '=' ~JT1 .., t-~ a:::~ <::.- ::J r..:- "'" ','It'' r.,..1"'1 c r- HI...... rr1 r'1....., . ,'il "'", C1 ;Dv) "'" ~~ ~ '5;Tl N ,.. c:) Rx No. :043 P .003 6v9vZSS6SZ l~Ia 3IXla/~NIH8ln~ lH~^:WOJj BL"0-L5S-5Eo L0:00 6000/Col"0 Attachment 0 Letter from Florida Division of Historical ResoD rces ~. ~(q)]; TIW~ ~ 1.1'1. APR 2 1 Z008 J!lj FLORIDA DEP AlUMENT OF STATE Kurt S. Browning Secretary of State DIVISION OF HISTORICAL RESOURCES April 16, 2008 Mr, Dwight Nadeau RW A Consulting 6610 Willow Park Drive, Suite 200 Naples, Florida 34109 Re: Proposed Comprehensive Plan Amendment Yahl Mulching Recycling Facility Collier County / DHR Project File No. 2008-2169 Dear Mr. Nadeau: According to this agency's responsibilities under Sections 163.3177 and 163.3178, Florida Statutes, Chapter 9J-5, Florida Administrative Code, and any appropriate local ol'dinances, we reviewed the proposed comprehellsive plan amendmellt. Please note that this agency reviews all large comprehensive plan amendments when they are submitted to us by the local goveTllment At that point, our comments and concerns are submitted to the Department of Conununity Affairs, and then transmitted to the local goverrunent A review of the Florida Master Site File indicates that no significant archaeological or historical sites are recorded for or considered likely to be present within the project area. Furthermore, because of the project location and/ or nature, it is considel'ed unlikely that historic properties will be affected. Therefore, it is the opinion of this office that the proposed project will have no effect on historic properties listed, or eligible for listing in the National Register afHistoric Places, or otherwise of historical or archaeological value. If you have any questions concerning our comments, please do not hesitate to contact Susan Harp at (850) 245.6333. Thank you for your interest in protecting Florida's historic resources, Sincerely, ~n' ,Q ? (;~ Frederick p, Gaske, Director 500 S. Bronough Street. Tallahassee, FL 32399-0250 . htlp://www.flheritage.com ~ Director's Office LI Archaeological Research ./ Historic Preservation 0 Historical Museums (850) 245-6300' FAX: 245-6436 (850) 245,6444' FAX: 24S-6452 (S50) 245.6333' FAX: 245-6437 (850) 245,6400. FAX, 245-6433 o South Regional Office 0 North Kcgional Office 0 Central Regional Office (561) 416-2115' FAX,416,2149 (850) 245,6445' FAX: 245,6435 (813) 272,3843' FAX: 272-2340 I --I \ I_ I ---I I.rr .., -~~ [J r.:r 0~DQI =:GATE"'? I ~ NAPLES NATL GOLF CLUB PUD HOMES OF ISLANDlA PUO :c-I " I !, -, LASIP CONSV AREA PUD o , I"ng Facility " Recyc I t Y hi Mulchmg Amendmen a , e Plan compreLh;~t~~~ Exhibit General 0 \\J ' I \_ .'.i--Ll--T=- I Jl. I --I f. __J . ,,--~-- '- --+-- I -- r--- l 1- 2 ~- riTIn b-~-_, ~~~'EQf ~~, L-;-OllluEsRe ~~eMII n _ ___I MIXED 0 . !l CNTR pu, -r"'- LAKE \ ~ WHITE \i INDUSTRIAL, /\ WJ""","N . --"eo PARKPU'/ '\\---1. "75~LlIG~ r I ~~J' ~~ r: A,El, \- =_; 1,~ ~ Ji okvls B~VO, ~ gl~ ! ~ ~ I" ( "~ hfr~ Ii! ~..' II Ii k~~2q,1 ) ~uo '1 I 1_lr'.I.1 FOREST i\l J; \ +--j' ~~ I ,eKG> 0 \ ) J ~~'"\ .~~-- !~---r 8 1 =----.J SAN Ib I~~'-- I 115 I I I J..j- .__._____._' -. I I I [~ DRljP) 1 J . I i i _I I 1,500 3,000 6.000 N A SUBJECT PROPERTY + i '-..--------., '\ Legend C]Sl"lbjectProj>er1y -- Collief_Slrcel_CtrtJne& -M;lJor_Road~ C=:J pUD_oao1 . ~ TillS DISCLAIMER Icr}'OlJf p~r$Otlli~:: ;::;.~r1 pIll, nol l'Q~jdt1lh" data I~pk .outoe......, The ''lIa$ ~~~~: la, d'b"~~~~;;:: ~nlQ.,'eOf.~~~~R\~~.c~~.5ca~~sumu I .n ppt"'x1m, rd~. '-', ~:;i~~nbY lhls m~Pll~ :nllineerinll l:':nllifled on Ihli ~p leto.lI~frltleinfl;lrm. =1'eIPOnJ!t'~l)'o 9.000 , Feet TK' DlXT1NG CO~SUI,~ .L ..L " , ,. 'l1auioc !'\:.nnbJ: ,\ l)~". &. Mawin, . Ci.U E~B""'tr:'nB 'SUI'"CYIIlf , lIeQrino Prepared By:.vJ~17, 2008 DC Printing Dale. ~OS\OB0073.00. d File: T:\Projects GMPA locahon.mx Yahl Mul::.hrna RWA, Inc. provides this data for your personal use "as IS" This information is derived from multiple sources wh,d1 may, in part, not be current, and be oulsidelhe conlol of RWA, Inc Theareas depicted by thiS map are apprOKlmate, and are not necessarily accurate to surveying or engmeerlng standards, RWA, Inc. assumes no legal responsloility for the Information contained on thiS map. 1.200 ,Feet DYXTK' rONStJITINC< ~ '"' ,~ ... . PI"nnin~ . ,;,;,,,.11Z",;00 .C"',I LII~'''C"rill~ '<;u"'c}'lll~ "" Mapping o , 200 400 800 Fillmore Recycling GMPA Comprehensive Plan Amendment Aerial Exhibit N A Prepared By: vjpellegnflo pnntmg Dale: April 16.2008 F,le T:\Projects\2008\080073,00.OO_Yahl Mulch'ng GMPA\Aerial m~d o"biREV\SEO'.SUBMnTAl \ l ,UG2! ,.; \ lWC S~~VICE. CENTE.R ~~:c ~D# At P~UCPC5 ~-~:-~I~ll.".!~p..mll~ It~:ence ~ ll:8 t1i!#i74! ''iff em"f.:l\I..Im/ s . Plloa H U U~/81W: e, ';~~/r.alm I!!RlI · ~)'J.li c 8Or'n9 1i H li3n4~r..: XE~~j~I.lm ,I ~m..el '(,y blol1'_ P t -I'XC!V" on U ~:9 !fat MarlllB~I~:g Rg~~ , TOTA~ ACIltl8 28,8 PROJECT: YAHL MULCHING EXPANSION WASHBURN AVE NAPLES FL >> w*c s APPLICATION NUMBER 030307w5 - . '-', 100 0 :o-~ 100 200 Feet , !'laur. 4, P~UCFCS/lleg"I"IIDn Mop, UPDATED 08.28.GB Ramsey Inc. l!~nVlr"nm.nt.1 Con.ultlng BOl< 126' nItlWok4.al.....PL :14143 ..a...58 1600 V.hl Mulchlnll.el<llan./1V1 Par\1"'l22GO W"'.hbum AvO'. Sic~ 3-1, Twn'1l9, "Sle 27, totAling IIppro)Clmatel;y 2B..rs Lo.ra9. EXHIBIT .3.0 LLO/OSO'd ~Zl# 69:00 LOOZ/~1/80 6~9~Z9SG8Z l~JO ~JXJGfJNJH311~ 11~A:WOlj D\X~^INC Planninn Visuali;;Hiun ('()";SlJLlli'...j(~ Civil Em:inccrilli! ~ '-, '" ..... ...... Sur\'eyjn:~ & ;\h~ppil1g Education !r"li1" !.~i;')' (>' ,4_'J5i\(}/ f3:~; F't;;.,",c,:irce t;),'!i;;! '\-"f'(il(ne:;is (;(1 i _irhnu J,"'itJ,::;; :~J !j:U::'ii,'! .,",'!ri:F..-'{;('h;C 'R-~ Rcg\stratlclOl ,I License , , r' ;'::..OtU~d/ Professional SOCifJtifjJS lun6./-i,,'[;,',' P/;'ili' " /\:,,:}y,.,Jdiier; 1 );;7 ::Jj:';", ,.-:'c!i;:a ,~> C;;j_it<; t-Vil,:~;:C;di, FT;,.'r"i1\) ).<,';< ':;IBlic(~ 1,';"';- Pre,c,c':1 H. Nadeau. A.P'!J." i\it'3nng8r ExperienCfj Surnnl(~.t-y Mr. Dwight Nadeau is a professional Planner and Planning Services Manager. He is responsible for coordination and management of resource allocations for planning tasks associated with the firm's land planning and development projects Mr. Nadeau has over 20 years of planning and community service experience He holds a Bachelor of Science degree in Resource Management with emphasis on Urban Planning. and a minor in Anthropology from the University of Alaska, Fairbanks, Mr. Nadeau has significant experience in project planning and management; as well as, comprehensive planning and land use regulation oversight. He has specific expertise in the successful planning and zoning of monumental projects. Mr, Nadeau played a key role in the planning and zoning, as well as professional support in the resulting legal battle over the rural area residential development "clustering" of Twin Eagles Golf and Country Club, After 12 years. the matter successfully culminated with the selting of a legal precedent for 'clustering' of residential developments in rural areas. and laid the foundation for the future development of Eastern Collier County. In addition, Mr. Nadeau has vast experience with beach front and waterfront redevelopmenl. which includes visioning, conceptual development design, project team coordination, and public involvement through the administrative review and political processes. R0presentatiVG Pr(~j,:-}ct~.~ Olde Marco Inn; Marco Cat, LLC, Marco Island, FL - Project Planner responsible for site analysis. master planning, and planned unit development rezoning. Established a local historic designation. resulting In the refurbishment of this historic 1896 structure, as well as the addition of a 62-room boutique hotel. Facilitated an archeological survey that resulted in an archeological dig that found significant tools and debris that further illustrated the day- to-day life of the lost Caloosa Tribe. Sancerre; EeoGroup, Naples, FL - Project Planner responsible for site analysis, master planning, support and representation of a Coastal Construction Control Line Variance with the City of Naples and the Florida Department of Environmental Protection, Once home to the historic Tides Inn, this 1.57,acre beachfront property in Naples, Florida is now an eight- story, 23-unit luxury condominium complex. Vanderbilt Inn Re-Development; TimeMed, ITlc" Naples. FL - Project Planner responsible for redevelopmenl site analysis. master planning, approval of a zoning overlay to provide for additional building height beyond existing zoning limits, support and representation of a Coastal Construction Control Line Variance with Collier County and the Florida Department of Protection, and played a significant support role in the resolution of a building moratorium imposed as a result of the proposed redevelopment project for 4,83 acres of beachfrant property. The site is now under construction with a ?l-unit luxury condominium project. Attachment P Resumes D'XZA1NC. PI,1l1l1in!! Visualizalioll ( 't) N SIr L "j'1 N { ; Civil En!2in('erill~_ ...a.. ....., ,..... .1 Slll'\'L':y'irl~~ & \'h;pping H. Nadeau, A. Pagb ;~ White Lake Corporate Park; 120.acre Industrial Park; Power Corporation; Naples, FL - Project Planner responsible for research into additional commercial development opportunities, with focus on the interface of land uses with the 1,75 rigllt-of-way corridor. Prepared and suhmitted the application to amend the existing planned unit development document. prepared exhibits, allended board hearings, and provided expert testimony to support the application, Lake Marion Golf Resort, Phase I and II; 130-Acre 450-Unit Single and Multi-family Residential Planned Development; Lake Marion Golf Resort, Ltd., Polk County, FL - Project Planner responsible tor due diligence, planning and development zoning, The project lies within the 47,000 acre vested pre-DRI Poinciana Development, and required a proposed land plan and PUD modification; construction and operation permit applications; application for dredge and fill activities on federal wetlands. Sun City - Fort Myers; 1,200.Acre Mixed-Use Master Planned Community; WCI Communities, Inc.; Fort Myers, FL - Project Planner responsible for land development planning and zoning activities for the Trevisio and Rialto subdiVISions of Sun City - Fort Myers. Hideout Golf Club; 220-Acre Master Planned Golf Community; WCI Communities, Inc.; Fort Myers, FL - Project Planner responsible for the application. support and acquisition of the Fishing Lake Conditional Use Permi!. White Lake Corporate Park, Phase" (fka Phase IV); 2-Acre Commercial Out-Parcel within 120-Acre Master Planned Industrial Park; Power Corporation; Naples, FL - Projeel Planner responsible for land development planning. zoning and environmental issues. inciuding preliminary and f,nal subdivision platting, and permit application preparation, support and acquisition. Summit Place (aka Hibiscus Village); 57-Acre, 230-Unit Residential Community; Waterways Joint Venture IV; Naples, FL - Project Planner responsible for due diligence" site ptanning. preliminary sub-division plat, zoning and permitting application, support and acquisition; PUD zoning amendment application and support, miscellaneous rezoning support. and environmental permilling. Golden Gate Fire Station #73; 5-Acre Main Fire Station, Administrative Office and Certified Fire Fighter Training Facility; Golden Gate Ffre Control District; Naples, FL - Project Planner responsible for planning and zoning review ;;nd site pl;;fming. Tuscany Cove; 77-Acre, 316.Unit Residential Villa Community; A,R.M, Development Corporation of S. W, Florida, Inc.; Naples, FL - Project Planner responSible for project planning and zoning services. including due diligence; conceptual site plan, rezoning application and support. public parlicipation, PSP ~pplic;;tion and preparation at associated exhibits for the acquisition of appropriate tand planning, zoning and permitting application approvals. Palmero Cove; 131.Acre, 524-Unit Residential Villa Community; Elias Brothers Corporation; Naples, FL - Project Planner responsible for project planning and zoning services. including due diligence; conceptual site plan. rezoning application and support, public participation. and preparation of associated exhibits for the ;;cquisition of appropriate land planning, zoning and permitting application approvals. D'X~^I~C. Planllin~ Vi:-;uali;;llion C' () N S l; 1. l' J f',j C Civil Ell!!inccrinr: ..&.. ,-", , .L .... Survcyin:!c: 8:. M;~ppil1g ~..t r,13det1lu. A.P.t\, Golden Gate Fire Station #72; Existing 3.Acre Fire Station Site and Related Infrastructure Improvements; Golden Gate Fire Control District; Naples, FL - Project Planner responsible for the preliminary site plan, permitting application preparation and support, and SFWMD ERP and ROW permit application and support White Lake Corporate Park Phase I; 120.Acre Industrial Park; Power Corporation; Naples, FL - Project Planner responsible for due diligence, planning and zoning research. PUD application preparation and support, including preparation of exhibits. and board hearing attendance, Lake Marion Golf Resort - Phase 1/1; 130-Acre 450.Unit Planned Residential Development; Lake Marion Golf Resort, Ltd.; Polk County, FL - Project Planner responsible zoning application and support; PUD application and support; traffic impact statement; Polk County protected species survey; enVIronmental impact statement; site planning; evaluation of existing wetland jurisdictional limits, and submittal to SFWMD and COE for jurisdictional determinations, Collier County Fleet Facility; Collier County Government, Naples, FL - Project Planner responsible for project planning and zoning services, including due diligence; conceptual site plan. rezoning application and support, pubtic participation, and preparation of associated exhibits for the acquisition of appropriate land planning. zoning and permitting application approvals. Ecological, Environmental, Agricultural Land Management, Permitting, Septic Evaluations ENVIRONMENTAL CONSULTING Ramsey Inc. -::...-~--~ LEP, CWB, CFEA, REPA, CEHP LEP . Lice'nscd bwironmf'nlaJ Pmfe-ssiOluJ cwn . Certified WilJlife Biologist eFEA. - Certified Flonda Environmcnt<lJ A~~e~s(Jr REPA - Registered Environmental Properly Assessor CEHJ' - Certified Environmental Heal1h Professional OSHA 5 - Hazardo.ls Mlll('ri~]~ In(:idenl Cummander Ccnifit:u F:tJrid<l CUlIllllefci,11 Pesticide ApplkaLor eM 19542 - Natural Are,iS E-mail: R,Hllscy,llll:@elllban:jlllail.LolH Office: 23CJ.564 !(i(,O, Fax: 866.334.1496 263] 4'1> SL NW, Naples. FL ,H] 20 www.ramSCVlflc,nCI MICHAEL R. RAMSEY President, Ramsey Inc. Environmental Consulting Dale: 10 March 21)1)<) WORK EXPERIENCE Ramsey Inc., Environmental Consulting Naples, Florida 1997 to Present President Provide ecological, environmental, permitting and land management consulting services for single family home owners, subdivisions. real estate, investors, agricultural. commercial, industrial, engineering firms, financial and governmental institutions. Landowner consulting for land feasibility evaluations, protected species, state and federal jurisdictional wetlands, wetland mitigation specialist, wetland restoration, permitting. phase 1 audits, timber/wildlife land management, prescribed burning, statewide alHgator programs, site plan development, agricultural propel1y tax management, hazardous materials management, exotics plant management. guided hunting operations, "Mitigation bank / ROMA creation and management planning for: wetland creation, panther habitat units, native & exotic plants, listed species, monitoring, outside agency integration with watershed planning and floodplain managcrnent Collier Enterprises ImmokaJec, FJOJida 1987 to 1997 Environmental MgdNatural Resources MgrlLcmd leasIng/Property Taxe,<j RespOJEibilities include: environmental/safety policy development and implementation; environmental audits; citrus, fanning, cattle grazing and recreation leasing; land use planning for agricultural operations; permitting of projects; habitat and wildlife monitoring; wetland delineation: natmal resources management, prescribed burning; and agricultural property tax. management. Florida Game and Fresh Water Fish Commission Naples, Florida 1984.1987 Biologist Responsibilities included: game, non~gamc and endangered species population assessments; habitat monitoring/GIS mapping; check station management during hum seasons, aeriaVground game & non-game surveys, reviewed proposed development plans fOJ environmental impact assessments; prescribed burning; endangered species research. panther field trapping and data collection, deer herd health assessments data collection, joint management projects wJth the N,ltionai Park Service, exotic plant control, campground development and reforestation. Primary respollsibIlities were on the Big Cypress National Preserve, but worked all over FWC areas in south Florida. Attachment P Resumes MICHAEL K RAMSEY P3ge 2 Georgia Department of Natural Resources. Game and Fish Division, Fisheries Seelion Social Circle. Georgia 1983,1984 Wildl(fe Technician Assisted with research of heavy metal contullunntioll of trout in the tfout-stocking program. Georgia Department of Natural Resources, Game and Fish Division, Fisheries Section Social Circle, Georgia 1982 Wildlife Teclllliciwl Bald cagle and Red-Cockaded Woodpe<.:ker restoration projects on Sapelo and St. Cmherine' s Islands EDUCATION Bachelors of Science. Forestry and Wildlife Biology - 1982 University of Georgia, School of Forest Resources - Athens. Georgia CERTlFICA nONS Certified \Vildlife Biologist Registered Environmental Property Assessor #452 Certified Florida Environmental Assessor #237 Licensed ErlvironmentaJ Professional #127 Certified Environmenlal Health Professional #0(',1645 OSHA LevelS Incident Commander Certified Florida Commercial Pesticide Applicator C!\.119542 - Natural Areas Reed K. Jarvi Omega Consulting Group Principal Mr. Jarvi has over 24 years of project management and infra- structure design and permitting for a broad range of complex residential. commerciaL and institutional projects in Southwest Florida. He has special emphasis, training and experience in transportation engineering, transportation planning and traffic englneenng. Representative Projects: Mercato Mixed Use, Collier County, FL* Traffic Impact Statement, Access Study, County and FOOT permitting for WO,OOO sf retail, 100,000 sf oflke and 175 resi- dential du's. The Great Loop, Charlotte County, FL * DRI Tramc Impact Study 1",)1' 1.200,000 sf retail, 100,000 of, tiee, 200 room hotel and 500 residential du's. Summit Lakes, Collier County, FL* Zoning Traffic Impact Statemenl for 96R residential du's. Naples Daily News, Collier County, FL * Traffic Impact Statement for both zoning and site development plan for 164,000 sf manufacturing/office/production facility. Caloosa Lakes, Lee County, FL * Traffic and Access studies for 17 acre shopping center and 600 residential du's. Vanderbilt Drive. Collier County, FL* Permitting, design and construction observation for a four lane collector road o\/erpass. Treefarm Road Area Wide, Collier County, FL* Area-v.'ide traffic study for eight separate development projects shO\ving the value of a proposed collector road system in com- parison to the status quo arterial system. Sanibel Beach Place, Lee County, FL * Traffic and Access studies along with ERP permitting tOI 110.000 sf shopping center. * i'ldinll<'.1 \I'orA ill u pn'l'io/lslirm EDUCATION: Bachelor of Science in Engineering United States Naval Academy REGISTRATIONS: Professional Engineer Florida #40] 56 AFFILIATIONS: Institute of Transportation Engineers Florida ITE Southv.'est Florida ITE BOARDS AND COMMITTEES: Collier County Dev'elopment Services Advisory Committee and Land Development Regulation Sub- Committee SPECIAL RECOGNITION: US Naval Reserve. Retired 199R-Commander Attachment P Resumes ~M.,.t.D. '1-',,1 >.,.....,'.,.., ADA Coordln.:ltlon ^~nd.~ Coordinalitlll }\nim.~S"''''''''M !\rtinPubliePlaa'i ^"dU ~",l Man"Kl"n",r~ Srr".;~!'$ '\...I,m,," Bu'It/l"K 8ulk!inll Code ComplJ.J"te B"linel'JD~...loIJnlenl (>11't'fllsl:"notnj<;!io" (oordlnJUvn ihltK-!)ffidltfll fr""!;JlOfI"llon In~t ,m,s~onQnnhi<",.ln<it'uOJI( trust "O"'nJU"koll;(In~ CornmtJnil1' Ar.lln" ^I:l'"' Y m'""l)' ... ~C()f">""c DI:'~\'lr,pll'l'nt lnmmunit~ W.,I;>!;"". r:Of1."",.".S~ntc~ Currt',I;""....R..h.1b.Iit.lIl<'" Countrw.d..H....hhrJlrt'l'1.lnnHlll Cultur..fAff"IR Il......tton. I rnc<g....<).Man3gl..">t.'nl f"'IlI~eeRt'I.llion. ffllp.,w....tr!f'nt IrIJ~1 l'llr..</,,'s.e r..r1\f1(>lom- ~~"icc~ ')lUrl,""laIRl"'o"t"l'SM.>n~l1'mN'l tMrlmrio~I\lPflIPr"CI'c("l I/nan(:('- - fir.. Rj"",u~ ..;lISl!l'vin.!.Mmi""tr..tiDn HI~lorlc I'r<'Sl1"....l.irm Hu"..-4r.loAf'\"1 ~1"UNnf:^"'/lCy I k.lI"ngFin.."<'Q/\uth<xily IturnJ"Sn"l<:~ Ind~f"I1lF1:",,-j>'Wf'ltIl('1 IOI(''''1all"n..11r.,d(>LO,,~.llul'' )u\('f,ile AsK"umenl r:calM M<<hc.ollu"'I".~ e1T,'pn!il"nl'hnnongo'ipni'al""" f'MklOndlec:re.tlion Planning and lonln~ p"l".:" Procut(_1'tl~ntMatlllllt'lJ\t-nl I'mP'!'II~'^pp.alu-< Fl1blic I jDr~1)' ~,!,'I'.n, P"blkW".ks S..feN"ghbo,;"hrulP~,h $eal"_>Il S<:l/ldWar.leM;lI1~gt:lf1('nl ~lr~I<:g'" BU"Il''''s ,."t.II'1.1lr"n..."j fN""Melro r."n,ll Ur~nRe'oll.1tr13l1O/'lr>>kFon:e Vll(.;\~.MlI'l'l1m..ndt-;".dl!fU ,,- Park and Recreation 275 NW 2nd Streel Miami, Florida J.1I.2fl r 305.7';5,7800 March 30, 2009 miamidade_gov David Weeks, AICP, Planning Manager Collier County Government Community Development & Environmental Services Division (CDES) Comprehensive Planning Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Dade-Collier Cypress Recreation Area Dear Mr. Weeks: Please find attached an application to amend Collier County Growth Management Plan to permit the creation of the Dade-Collier Cypress Recreation Area, Through a partnership involving State, County and Federal interests, we submit this application for review and approval. It is our hope that the product of this application is a recreational area capable of improving natural resource values, providing compatible outdoor recreational use and improving stewardship practices on lands now subject to uncertain management. Pursuant to the application, James McCall, Park Planner, is listed as our agent. You are asked to communicate all correspondence through Mr. McCall and he will facilitate its resolution with our consultants at Milian, Swain Associates and Miller-Legg. Should Collier County staff need additional information from this office. please feel free to call me at 305-755-7903, Attachments Cc: W. Howard Gregg, Deputy Director Gregg Owens, Aviation Kevin Asher. MDPRD James "Andy. McCall, MDPRD Julio Menache, Milian, Swain Jill Cohen, MiII~r-L.egg MILLE~EGG July 10. 2009 Mr. Thomas Greenwood, AICP Principal Planner Collier County Comprehensive Planning Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Dade-Collier Cypress Recreation Area Petition CP-2009-1 HB 697 Dear Tom: In response to the recently enacted House Bill 697 regarding Energy Conservation and Efficiency and specifically. Greenhouse Gas Emissions (GHGl. we offer the following for consideration with regards to Petition Number CP-2009-1, Dade-Collier Cypress Recreation Area Comprehensive Plan Amendment: Regarding GHG emissions. vehicles typically contribute less than buildings, however. vehicle emissions will contribute some to the community's overall GHG emissions. Due to the site's location and the small number of annual visitors. the application will have a small impact on the creation of GHG's. due in large part to the number of vehicle miles that area visitors will have to travel to the site, Miami-Dade County. however. is satisfied that this impact will largely be offset by the number of lives that are saved and the reduction of personal injuries that are averted because this Recreation Area will be open to visitors of more dense areas who would otherwise use an unsafe and illegal location. Additionally, the uses proposed in this park are for leisure and will therefore not have a daily impact which will also offset the impacts of GHG's, .-.-.--- -~ Should you have any further questions or quire additiona please feel free to contact me at 954,62 3632, Sincerely, JC/rd Cc: Kevin Asher. MDPR Andy McCall. MDPR Julio Menache, Milian. Swain & Associates, Inc. V:\Projects\2009\09-00063. Dade-Collier Park Amendment\Documents\Report\July 2009 resubmiltal\Finat Submittal\HB697 tetter.doc.docx IMP R 0 V I N G COM M U NIT I E S. eRE A TIN G EN V I RON MEN T S, South Florida Office: 1800 N Douglas Road. Suite 200 . Pembroke Pines, Florida . 33024~3200 (954) 436,7000 ' Fax: (954) 436,8664 www.millerlegg.com ~ GMPA APPLICATION FOR DADE- COLLIER CYPRESS RECREATION AREA ,- APPLICATION FOR A REQUEST TO AMEND THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE DADE-COLLIER CYPRESS RECREATION AREA DISTRICT PETITION NUM~ ~ATE RECEIVED PRE-APPLICATION CONFERENCE DATE DATE SUFFICIENT PLANNER ASSIGNED: COMMISSION DISTRICT: (ABOVE TO BE COMPLETED BY STAFF) This application, with all required supplemental data and Information, must be completed and accompanied by the appropriate fee, and returned to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone: (239) 252-2400; Fax: (239) 252-2946. The application must be reviewed by staff for sufficiency within 30 calendar days following the filing deadline before it will be processed and advertised for public hearing. The applicant will be notified, in writing, of the sufficiency determination. If Insufficient, the applicant will have 30 days to remedy the deficiencies. For additional information on the processing of the application, see Resolution 97-431 (attached). If you have any questions, please contact the Comprehensive Planning Section at 239- 252-2400. SUBMISSION REQUIREMENTS GENERAL INFORMATION I. A. Name of Applicant Miami-Dade Countv Company Park and Recreation Deoartment Mailing Address 275 NW 2nd Street. 4th Floor City Miami State Florida Zip Code 33157 Phone Number 305-775-7993 E-Mail iamccal@miamidade,aov B, Name of Agent James A. (Andv) McCall . THIS WILL BE THE PERSON CONTACTED FOR ALL BUSINESS RELATED TO THE PETITION. Company/Firm Miami-Dade Countv Park and Recreation Mailing Address 275 NW 2nd Street. 4th Floor City Miami State FL Zip Code 33128 Phone Number 305-775-7993 E-Mail iamccal@miamidade.aov C, Name of Owner (s) of Record Miami-Dade County Address 111 NW 1st Street. 29th Floor City Miami State Florida Zip Code 33128 Phone Number 305-755-7903 Fax Number D. Name, Address and Qualifications of additional planners. architects, engineers, environmental consuitants and other professionals providing information contained in this application. See Appendix I.D.1 Team Qualification Additional Information. .- Jill Cohen, AICP, RLA LEED AP, Miller Legg, 1800 N Douglas Road, Suite 200, Pembroke Pines, FL 33024. Matt Boerger, Planner, Miller Legg, 1800 N Douglas Road, Suite 200, Pembroke Pines, FL 33024, Mark Clark, CEP, Miller Legg, 1800 N Dougias Road, Suite 200, Pembroke Pines, FL 33024, Paul Mann, c.A. Miller Legg, 1800 N Douglas Road, Suite 200, Pembroke Pines, FL 33024, Eric Czerniejewskl. P.E" Miller Legg, 1800 N Douglas Road, Suite 200, Pembroke Pines, FL 33024. Jimmy Wright. E.I" LEED AP, Miller Legg, 1800 N Douglas Road, Suite 200, Pembroke Pines, FL 33024. Julio Menache, Director of Operations, Millian, Swain & Associates, Inc" 2025 SW 32nd Avenue, Miami. FL 33145 Arsenio Milian, P.E.. President. Millian, Swain & Associates, Inc" 2025 SW 32nd Avenue, Miami, FL 33145 II. Disclosure of Interest Information: A. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership B. if the property is owned by a lOCAL GOVERNMENT, list the officers and stockholders and the percentage of stock owned by each, and provide one copy of the Articles of Incorporation, or other documentation, to verify the signer of this petition has the authority to do so. Name and Address Percentage of Stock Miami-Dade Countv Mavor Carlos Alvarez 111 NW 1St Street 29'" Floor Miami. Florida 33128 305-755-7903 100% _<hiahest elected official) C. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest, Name and Address Percentage of Interest 2 - D. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership E. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contact purchasers below, including the officers, stockholders, beneficiaries, or partners, and provide one copy of the executed contract, Name and Address Percentage of Ownership F. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust, Name and Address N/A G. Date subject property acquired (X) 1968 leased (): Term of iease_yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing: H. NOTE: Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the finai public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplementai disclosure of interest form. III. DESCRIPTION OF PROPERTY: A. LEGAL DESCRIPTION B. See Appendix iliA - Section(s): 13,14,15,16 Township: C. Tax ID Number (Folio #): 01233520000 D. E. 53 South Range: 34 East General Location: Mile Marker 48, Tamiami Traii Planning Community: Bia Cvoress F, TAl: 347 3 G. Size in Acres: Approx. 1.608 H. Zoning CON-ACSC/ST, Conservation District within Area of Critical State Concern/Special Treatrnent Overlav I. Present Future land Use Map Designation(s) Conservation and Area of Critical State Concern Overlav IV. TYPE OF REQUEST: A. GROWTH MANAGEMENT PLAN ELEMENT (S) TO BE AMENDED: -- X Future land Use Immokalee Area Master Plan Transportation Coastal & Conservation Intergovernmental Coord. Sanitary Sewer Drainage Golden Gate Area Master Plan Capital Improvement Housing Recreation & Open Space Potabie Water Solid Waste Natural Groundwater Aquifer B. Amend Page(S) 12, 87 and 124 of the Future land Use Element As Follows: (Use Cross throughs to identify language to be deleted; Use Underline to identify language to be added). Attach additional pages if necessary: See Beiow Page 12 Policy 1.4: A. The CONSERVATION Future land Use Designation shall include a Future land Use District. DADE-COLLIER CYPRESS RECREATION AREA DISTRICT Page 87 -- A. Dade-Collier CVDress Recreation Area District The Dade-Collier Cvpress Recreation Area District encompasses approximatelv 1,608 acres of land located within Sections 13, 14, 15, and 16 of Township 53 South, Ranae 34 East. adioinina the Miami-Dade/Collier County line north of U.S. Hiahwav 41 and south of the runway of the Dade- Collier Transition and Trainina Airport, and within the Bia Cypress Area of Critical State Concern (ACSC). All lands within this District are entirelY owned by Miami-Dade County and includes wetlands, CYPress and hardwood forests, and five man-made lakes. The primary purpose of this District is to enhance the existina natural resources while providina for an appropriate level of recreational uses beneficial to the county and the reaion. The uses allowed within this District. with limitations specific to this District, are as follows: a. Visitors' center buildina - for administrative offices, orientation area, meetina room, and restrooms - not to exceed 2.400 sauare feet; b. Parkina lot limited to a capacity of 80 passenaer vehicles and associated trailers: c. Primitive Campina; d. Recreational vehicie campina; e. Fishina piers and docks: f. Multi-use traiis for pedestrians and bicycles; g. Wildlife viewina platforms and overlooks; h. Archery ranae; i. Off hiahway vehicles (OHV) trails: and j. Other uses as allowed in the Conservation Desianation. Development within this District. except for trails, may be concentrated on alreadY disturbed area alona the western portions of the site, primarilY in Section 16. -- 4 ,- The drainaae and storm water manaaement systems for this Districf may be desianed to be comoatible with environmental site assessments, develooment and mltiaation strateaies. environmentai enhancements and reouiatorv reauirements, Site develooment may restore/realion existina trails oreviouslv created bv swamo buoaies that traverse the site orimarilv in an east/west direction, Lake edoes may be imoroved with a shallow littoral zone where determined aoorooriate, At the time of relOnino, an adaotive comorehensive manaoement olan shall be orovided that includes: 1. OHV uses as defined in F.S, 261.03 and 261.20 for ooeration of OHVs on oublic land. These soeclfications may address vehicle and tire size. noise control. orohlbition of certain OHV tvoes (e.o, tracked vehicles), orohibltJon of devices affixed to tires (e.o. tire chains). 2. An OHV Insoection oroaram and vehicle reaistration oroaram. 3. Provisions to demarcate site boundaries, 4. Definitive location of all orooosed uses - camosites. oarkino areas. archerv ranoe, OHV trails and trail access oolnts, oedestrian and bicvcle trails. etc, 5, Develooment intensity limitations - maximum number of RV and orimltive camoino sites. COD on number of OHV users dallv. etc, 6. Monitorina orovisions to ensure OHV comoliance, 7. Enforcement oroaram for comoliance with all site/Dark restrictions and limitations. 8. Soecification of oerlods of ooeratlon, esoeclallv for OHVs - dailv hours of ooaration, oeriods of closure (e,a. hioh water. fire threat. hurricane threat). seasonal restrictions or closure. 9. Monitorina for detrimental imoacts uoon listed soecies. 10. Restoration olan for oresentlv disturbed oortions of the site not to be utilized (e.a. most of the existina OHV trails), and creation of littoral zones for all lakes where determined aoorooriate. 11. Demonstration of comoliance with the ACSC limitations (e.a. maximum site alteration of ~ 12, Deviation to reauest disturbance to areas imoacted bv develooment in the ACSC where unavoidable uo to a maximum of 10% of the subiect site area. Page 124 - Additional Map to be added: Future Land Use Map Mixed Use & Interchange Activity Center Maps Properties Consistent by Policy (5.9, 5.10,5.11,5.12,5.13,5.14,5.15) Maps Collier County Wetlands Map Collier County Wellhead Protection Areas and Proposed Wellfields and ASRs Map Rivers and Floodplains Map Estuarine Bays Map Soils Map Existing Commercial Minerai Extraction Sites Map Bayshore/Gateway Triangle Redevelopment Overjoy Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map Existing Public Educational Plants (Schools) and Anciliary Plants (Support Facilities) Map Existing Sites for Future Pubiic Educational Piants and Ancillary Plants Plantation Island Urban Area Map Copeland Urban Area Map Railhead Scrub Preserve - Conservation Designation Map Lely Mitigation Park - Conservation Designation Map _ Urban - Rural Fringe Transition Zone Overlay Map Orange Biossom Mixed Use Subdistrict Map Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Map Davis Boulevard/County Barn Road Mixed Use Subdistrict Map 5 GoodlettelPine Ridge Commerciallnfill Subdistrict Map Henderson Creek Mixed-Use Subdistrict Map Buckley Mixed-Use Subdistrict Map LivingstonlPine Ridge Commerciallnfill Subdistrict Map Vanderbilt Beach Road Neighborhood Commercial Subdistrict Map Livingston Road/Eatonwood Lane Commerciallnfill Subdistrict Map Livingston Road Commerciallnfill Subdistrict Map Dade-Collier Cvpress Recreation Area District Map C. Amend Future Land Use Map(s) designation. FROM Conservation Desianation District TO Conservation Desianation. Dade-Collier Cvpress Recreation Area District District (If new District and/or Sub-district proposed. include Future Land Use Map with legend depicting It) D. Amend other Map(s) and Exhibits as follows: (Name & Page #) 1. Future Land Use (Countv-wide) Map; See Appendix IVD.' 2. Inset Map (for the District); See Appendix IVD.2 E. Describe additional changes requested: N/A V. REQUIRED INFORMATION: Note: All Aerials must be at a scale of no smaller than '" = 400'. x " shall be provided of all aerials and/or maps. A. LAND USE ,. See Appendix VAl Atleasf one copy reduced to 8 '12 Provide general location map showing surrounding developments (PUD. DRI's. existing zoning) with subject property outlined. 2. See Appendix VA2 Provide most recent aerial of site showing subject boundaries. source. and date. Provide a map and summary tabie of existing land use and zoning within a radius of 500 feet from boundaries of subject property. 3. See Appendix VA3 B. FUTURE LAND USE AND DESIGNATION ,. See Appendix V.B.l Provide map of existing Future Land Use Designation(s) of subject property and adjacent lands. with acreage totals for each iand use designation on the subject property. C. ENVIRONMENTAL 1. See Appendix V.C.l Provide most recent aerial and summary table of acreage of native habitats and soils occurring on site. HABITAT IDENTIFICATION MUST BE CONSISTENT WITH THE FDOT-FLORIDA LAND USE. COVER AND FORMS CLASSIFICATION SYSTEM (FLUCCS CODE). NOTE: THIS MAY BE INDICATED ON SAME AERIAL AS THE LAND USE AERiAL iN "A' ABOVE. ~ 6 20, See ADDendix V.C.2a Provide a summary tabie of Federal (US Fish & Wildlife Service) and (Fiorida Game & Freshwater Fish Commission) listed plant and animal species known to occur on the site and/or known to inhabit biological 2b,See ADDendix V.C.2b communities similar to the site (e.g, panther or black bear range, avian rookery, bird migratory route, etc.), 30. See ADDendix V.C.3a Identify historic and/or archaeological sites on the subject property. Provide a copy of County's Historical/Archeological Probability Map 3b. See AoDendix V.C.3b Correspondence from Florida Department of State. D, GROWTH MANAGEMENT Reference 9J-II.OO6, F.A.C. and Collier County's Capital Improvements Element Polley 1.1.2 (Copies attached). INSERT "Y" FOR YES OR "N" FOR NO IN RESPONSE TO THE FOLLOWING: 1 . Y is the proposed amendment located in an Area of Critical State Concern? (Reference 9J-11.006(1)(a)(5), F.A.C.), IF so, identify area located in ACSC. See ADoendlx V.D,I 2, N Is the proposed amendment directly related to a proposed Development of Regional Impact pursuant to Chapter 380 F.S, ? (Reference 9J-11.006(1)(a)7.a, F.A.C.) 3. N Is the proposed amendment directly related to a proposed Small Scale Development Activity pursuant to Subsection 163.3187 (l)(c), F.S. ? (Reference 9J-11.006(1)(a)7.b, F.A.C.) 4. N Does the proposed amendment create a significant impact in population which is defined as a potential increase in County-wide population by more than 5% of popuiation projections? (Reference Capital Improvement Element Policy 1 .1 .2). If yes, indicate mitigation measures being proposed in conjunction with the proposed amendment, 50, Y Does the proposed land use cause an increase in density and/or intensity to the uses permitted In a specific iand use designation and district identified (commercial, industrial, etc.) or is the proposed land use a new land use designation or district? (Reference Rule 9J-5.006(5) F.A.C.), See Aooendlx V.D,5b 5b. Y If so, provide data and analysis to support the suitability of land for the proposed use, and of environmentally sensitive land, ground water and natural resources. (Reference Rule 9J-11.007, F.A.C.) See Aooendlx V.D.5b. and V.D,Sb,1 throuah V,D.Sb.IS. E. PUBLIC FACILITIES 1 . See ADDend ices below Provide the existing Level of Service Standard (LOS) and document the impact the proposed change will have on the following public facilities: la)See AoDendix V.E.l a Potable Water 1 b)See ADDendix V.E.l b Sanitary Sewer 1 c)See ADDendix V.E.l c Arterial & Collector Roads; Name specific road and LOS 1d)See ADDendix V.E.1d Drainage 1e)See ADDendix V.E.1e Solid Waste 11) N/A Parks: Community and Regional" " 2.9412 acres of regional park land/l.OOO population. Proposed amendment will increase the capacity for the County, the Region and the State. If the proposed amendment involves an increase in residential density, or an 7 increase in intensity for commercial and/or industrial development that would cause the LOS for public facilities to fall below the adopted LOS, indicate mitigation measures being proposed in conjunction with the proposed amendment, (Reference Capital Improvement Element Objective 1 and Policies) 2, See Appendix V,E.2 Provide a map showing the location of existing services and public facilities that will serve the subject property (Le, water, sewer, fire protection, police protection, schoois and emergency medical services, 3, See Appendix V,E,3 Document proposed services and public facilities, identify provider, and describe the effect the proposed change will have on schools, fire protection and emergency medical services, F. OTHER Identify the following areas relating to the subject property: 1, See Appendix V,F, 1 Fiood zone based on Flood Insurance Rate Map data (FIRM), 2, See Appendix V,F,2a and Appendix V.F.2b Location of wellfields and cones of influence, if applicable. (Identified on Coilier County Zoning Maps) 3. N/ A Traffic Congestion Boundary, if applicable 4. N/A Coastal Management Boundary, if applicable 5. N/A High Noise Contours (65 LDN or higher) surrounding the Naples Airport, if applicable (Identified on Collier County Zoning Maps). G. SUPPLEMENTAL INFORMATION 1. Attached $16.700.00 non-refundable filing fee made payable to the Board of Counfy Commissioners due at time of submittal. 2. N/ A $9,000.00 non-refundable filing fee for a Small Scale Amendment made payabie to the Board of County Commissioners, due at time of submittal. 3. TBD Pius Legal Advertisement Costs (Your portion determined by number of petitions and divided accordingly) 4. See Appendix V.G.4 Proof of ownership (copy of deed) 5. Attached Notarized Letter of Authorization if Agent is not the Owner (See attached form) 6. Attached 1 Original and 5 complete, signed applications with all attachments including maps, at time of submittal. After sufficiency is completed, 15 copies of the complete application will be required. Additional copies may be required. . Maps, aerials, sketches shall include: North arrow, name and location of principal roadways: shall be at a scale of 1 "=400' or at a scale as determined during the pre-application meeting; identification of the subject site: legend or key, if applicable. All oversized documents and attachments must be folded so as to fit into a legal-size folder, For all oversized exhibits, at least one copy must be submitted at 8-1/2 x 11 inches. All exhibits and attachments to the petition must include a title and exhibit # or letter, and must be referenced in the petition. 8 lETTER OF AUTHORIZATION TO WHOM IT MAY CONCERN ~ I hereby authorize Andv McCall. Pork Planner. MDPR (Name of Agent) to serve os my Agent in a request to amend the Collier County Growth Management Plan affecting property identified in this Application, Signed: Miami-Dade County (Name of Owner(s) of Record) 'Date: I hereby certity that I have the authority to make the foregoing application. and that the application is true. correct and complete to the best of my knowledge. / ~..<" ~/ Signature of Applicant Carlos Alvarez Name - Typed or Printed County Mayor STATE OF COUNTY OF i~\Cln-\\ - '\)CtJt Sworn to and subscribed before me this '2. (;, ~ day of by ~c ""~ ~~-JciO\ck, MYCO NO~ CHOOSE ONE OF THE FOllOWING: / who is personally known to me. who has produced .~CA ......... '.IElMVlCl ....,..... . .. . ..... ..c.a ......... II "1#._ as identification' and did take an Oath did not take and Oath NonCE - BE AWARE THAT: Florida Statule Seellon 837.06. False ORiclal Law slates that: "Whoever knowingly makes a false slatement In wrIlIng wlIh the Intent 10 mislead a public servan/ln the performance of his official duly shall be guilty of a misdemeanor 01 fhe second degree, punishable as provided by a fine to a maximum 01 70500.00 and/or maximum 01 a sixty dciy jail term.' Petition CP-2OO9-1 Dade-CoUler Cypreu Recreallon Area DADE-COLLIER CYPRESS RECREA TION AREA APPENDICIES - ADDendix I.D.1 III.A IV.D.1 IV.D.2 VAl VA2 VA3 V.B.l V.C.1 V.C.2a V.C.2b V.C.3a V.C.3b V.D.l - V.D.5b V.D.5b.1 V.D.5b.2 V.D.5b.3 V.D.5b.4 V.D.5b.5 V.D.5b.6 V.D.5b.7 V.D.5b.8 V.D.5b.9 V.D.5b.1O V.D.5b.11 V.D.5b.12 V.D.5b.13 V.D.5b.14 V.d.5b.15 VEl a V.E.lb V.E.1c DADE-COLLIER CYPRESS RECREATION AREA APPENDICES Team Qualifications Additional Information Sketch & Description Future Land Use Map Dade-Collier Cypress Recreation Area Map General Location Map Aerial Map Zoning with 500' Boundary Map Existing FLUM FLUCCS Map Summary Tabie of Federai and State Plant and Animal Species Panther Bear Telemetry Map County Historic and/or Archeological Sites Florida Master Site File Response Area of Critical State Concern (ACSC) Map Data and Analysis for the Proposed Use Off-Highway Vehicle Trails Feasibility Study Collier County Park and Recreation Department Letter F.S. 260-03, Definition of OHV Existing Traii Conditions Conceptual Diagram Excerpt from State Comprehensive Outdoor Recreation Plan (SCORP) Public Inquiries Lee County Agenda Request Form OHV Titled in Miami-Dade County OHV Titled in Collier County Florida OHV County Title Activity, 6/30/02 TO 12/31/08 OHV Organizations and Clubs Miami-Dade Resolution Collier County Resolution Letters of Support Potable Water Sanitary Sewer Traffic Methodology and Traffic Impact Study (TIS) Page 1 of 2 V.E.ld V.E.le V.E.2 V.E.3 V.F.l V.F.2a V.F.2b V.G.4 Drainage Solid Waste Existing Services and Public Facilities Proposed Services and Public Facilities FEMA Flood Zones Proposed Wellfields and ASR 1 O-Year Water Supply Existing and Planned Wellfields Ownership and Encumbrance Report Page 2 of 2 r-- APPENDIX I.D.I TEAM QUALIFICATIONS ADDITIONAL INFORMATION ,~ .~ Dade-Collier Cypress Recreation Area County Petition No. CP-2009-1 ADDendix 1.0.1 - Team Qualifications - Additional Information Name, Address and Qualifications of additionai planners, architects, engineers, environmental consultants and other professionals providing information contained in this application. Jill Cohen, AICP, RLA, LEED AP. Miller Legg, 1800 N Douglas Road, Suite 200, Pembroke Pines, FL 33024. . Ms. Cohen Is a Certified Planner and Registered Landscape Architect with 25+ years experience in landscape architecture, planning, platting, urban design and site engineering. . As Project Manager, LEED AP, Planner and Landscape Architect Ms. Cohen is responsible for piannlng and platting entitlements and permitting, master planning, specific site design, land use plan amendments, rezoning, variances, and documentation as it reiates to the firm's iandscape architecture, planning, sustainable design and urban design services. . Ms. Cohen is also CPTED (Crime Prevention through Environmental Design) certified and has been a course instructor. . Recentiy Ms. Cohen has received her LEED (Leadership in Energy & Environmental Design) accreditation and has been very involved in sustainable design projects. . As Chair of the Broward 2030 Committee for the South Florida Chapter- Broward Branch, of the USGBC (US Green Building Council), she has been partnering with the Broward League of Cities on implementation of sustainable communities, . Ms, Cohen is an Associate of the firm in the Landscape Architecture & Pianning Department and is very involved in several professional and civic organizations. Matt Boerger, Planner, Miller Legg, 1800 N Douglas Road, Suite 200, Pembroke Pines, FL 33024, . Mr. Boerger has 5+ years experience in planning activities including land use planning, comprehensive planning, land use plan amendments, rezoning, rewriting of codes, site plan review and community Involvement. . He has worked extensiveiy In throughout Florida, preparing Evaluation and Appraisal Report (EAR) information, and Objective Recommendations and Comments (ORC) report responses. . In addition to working on planning submittals, he has also conducted pian reviews for site plans, Planned Developments (PDs), Comprehensive Plan Amendments (CPAs), Zoning Map Amendments (ZMAs), Preliminary Subdivisions (PSS), Final Subdivisions (FSs) and Conditional Uses (CUs). - Mark Clark, CEP, Miller Legg, 1800 N Dougias Road, Suite 200, Pembroke Pines, FL 33024. Dade-Collier Cypress Recreation Area Page 1 of 4 Appendix I.D.1 . Mr. Clark is a Certified Environmental Professional with 21 + years experience and Is a Senior Biologist, responsible for performing studies and investigations on biological and ecological impacts affecting the firm's projects. . As Department Manager for the Environmental Section of the South Florida office his responsibilities include field evaluations, assessments, recommendations and report writing. . Specific responsibilities include: wetland jurisdictional determination, environmentai resource permitting, wetland mitigation design, mitigation monitoring, protected species coordination, seagrass mapping, endangered species biological assessments, permit construction compliance, coordination of environmental geographic information system (GIS) applications, National Environmental Policy Act (NEPA) documentation and assistance with plan preparations. . Mr. Clark is a Senior Associate of the firm In the Environmental Department and is very involved in several professional and civic organizations. Paul Mann, c.A. Miller Legg, 1800 N Douglas Road, Suite 200, Pembroke Pines, FL 33024. . Mr. Mann is a Certified Arborist with 13+ years experience and is an Environmental Specialist in the Environmental Field Office in Sarasota. . He has significant experience working on both public and private sector projects In Florida that focus on environmental improvements, habitat restoration, and mitigation issues. . Specific services he has provided to clients include: the development and preparation of approved Florida Communities Trust Grant applications, management plans, and stewardship reports including coordination with staff to resolve scoring and site development issues for locai municipailties, developing and delivering complex county, state, and federal environmental resource permit applications, and practical field experience involving environmental and conservation principles and water resource engineering as it relates to, water quailty improvements, flood control. natural ecosystems, and municipal water supply. Eric Czerniejewskl. P.E" Miller Legg, 1800 N Douglas Road, Suite 200, Pembroke Pines, FL 33024, . Mr. Czerniejewski Is a Professional Engineer with 13+ years experience and is a Senior Project Manager who manages the Company's Traffic Engineering Department. . His design responsibilities include managernent and preparation of ail traffic and transportation design services for the Company. This includes preparation and Dade-Collier Cypress Recreation Area Page 2 of 4 Appendix I.D.1 review of all traffic studies inciuding traffic impact studies, corridor studies, parking utilization studies, Comprehensive Plan Amendment traffic elements and traffic operation and safety studies. The design responsibilities also includes design and preparation of signal plans, access management analysis and design, design and permitting of transportation and roadway design engineering projects, planning and developing and coordinating engineering documents. Services provided include paving, grading and drainage, roadway design, intersection geometric design, water management and traffic engineering. . He has served as CDD District Engineer for a 600 acre Community Development District in Cooper City, Florida called Monterra. He has managed the construction for over 140 million dollars in publicly bid infrastructure improvements for this special taxing district. . As chair of the Transportation Legislative Issues Team for Broward Days since 2004, he has advocated for the diverse needs and concerns of Broward County related to finding a viabie funding source for smart regional transportation facilities. . He is past president of the Broward Chapter of the American Society of Civil Engineers. . Mr. Czerniejewski is an Associate of the firm in the Engineering Department and is very involved in several professional and civic organizations. Jimmy Wright. E.I" LEED AP, Miller Legg, 1800 N Douglas Road, Suite 200, Pembroke Pines, FL 33024. . Mr. Wright is an Engineering Intern with 4+ years experience in Civil and Traffic Engineering and Construction Management. . He is responsible for the production of traffic engineering studies and design services for the Company. He has recently completed traffic impact studies, signalization design, university master plan updates and roadway design for arterial roadways in South Florida. . His design responsibilities also include design and permitting for water distribution and sanitary sewer systems including lift stations, stormwater design/modeling and permitting, paving, drainage and site grading and construction observation and management. . Mr. Wright recentiy became a LEED Accredited Professional. Arsenio Milian, P.E" President Milian, Swain & Associates, Inc., 2025 SW 32nd Avenue, Miami, FL 33145 . Mr. Milian has over 35 years of experience in civil and environmental engineering including design, permitting, construction, operations and management of numerous private and governmental projects in South Florida. Dade-Collier Cypress Recreation Area Page 3 of4 Appendix I.D.1 . Over the years, he has participated and directed negotiations with key members of various regulatory agencies in the procurement of permits required for the construction and operation of environmentally sensitive projects. . He has been accepted as an expert, and has provided testimony before several agencies in the State of Florida. . In recognition of his community minded track record, Mr. Miiian has been appointed by three different Florida Governors to assist in statewide areas of concern. For instance, in 1987 he was appointed by Governor Martinez as a member of the Governing Board of South Florida Water Management District, in 1991 Governor Chiles appointed him to the State of Florida Environmental Land Management Study Committee (ELMS III), and in 1999 Governor Bush appointed him to the Florida Forever Advisory Council. He currently serves at the National Council of the Wilderness Society. . Mr. Milian is President and founder of Citizens for a Better South Florida, an organization that promotes the safeguarding of South Florida's natural resources. He has also been honored by receiving several prestigious awards from the environrnental community as recognition of his exemplary commitrnent to preserving Florida's unique and irreplaceable natural environrnent. Julio Menache, Director of Operations, Miiian, Swain & Associates, inc" 2025 SW 32nd Avenue, Miami. FL 33145 . Mr. Menache has 20 years of experience in project management, civil infrastructure master planning, design, permitting, and construction administration of private and public sector projects in South Florida. Mr. Menache's pro-active approach, attention to detail and responsiveness to Clients has ensured successful project results; "on time & budget". . During his 12 year tenure with MSA. he has effectively managed the completion of compiex civii infrastructure Improvernent projects in environmentally sensitive areas of South Florida. Specific responsibilities inciude establishing design criteria for the MSA technical staff to follow in the areas of water distribution, sanitary sewer, pump stations and storrnwater management systems; cost efficient, environrnentally conscious and in cornpliance with reguiatory requirements. . As Director of Operations, he oversees contract rnanagernent, quality control reviews, budget control and marketing efforts for the civil and environmental engineering departments. Representative public clients include Miami-Dade County Park and Recreation Department. South Florida Water Management District, City of Coral Gabies, Miami-Dade County Department of Environmental Resources Management (DERM), Miami-Dade County Public Works Department and Miami-Dade Water and Sewer Department. Dade-Collier Cypress Recreation Area Page 4 of 4 Appendix I.D.1 ,.._' APPENDIX III.A SKETCH & DESCRIPTION - APPENDIX III.A SHEET 1 OF 2 DESCRIPTION: (GMP AMENDMENT AREA FOR DADE-COLLIER CYPRESS RECREATION AREA) PORTIONS OF SECTIONS 13, 14, 15 AND 16, TOWNSHIP 53 SOUTH, RANGE 34 EAST, COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE 1/4) OF SAID SECTION 16; THENCE ALONG THE SOUTH LINE OF SAID SECTION 16, NORTH 89'54'58" EAST (BEARING BASIS) 1123.29 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00'10'12" WEST 4212.71 FEET; THENCE NORTH 89'59'14" EAST 5540.13 FEET; THENCE NORTH 00'44'17" WEST 147.89 FEET; THENCE NORTH 89'59'02" EAST 10,715.82 FEET; THENCE SOUTH 81'03'32" EAST 573.99 FEET TO THE EAST LINE OF SAID SECTION 13; THENCE ALONG SAID EAST LINE, SOUTH 00'40'03" EAST 3942.30 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE ALONG THE SOUTH LINE OF SAID SECTION 13, SOUTH 88'45'25" WEST 5090.33 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 14; THENCE ALONG THE SOUTH LINE OF SAID SECTION 14, SOUTH 88'45'25" WEST 5090.33 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 15; THENCE ALONG THE SOUTH LINE OF SAID SECTION 15, SOUTH 88'45'25" WEST 5090.33 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE ALONG THE SOUTH LINE OF SAID SECTION 16, SOUTH 89'54'58" WEST 1587.10 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING. AND BEING IN COLLIER COUNTY, FLORIDA AND CONTAINING 1608 ACRES MORE OR LESS. 1-75 8AOWARD g} COUNTY COUJER gJ COUNTY U,S, HWY. 41 t (T AI.tA!.i 1lIAIj LOCA nON MAP NOT TO SCALE SEE SHEET 2 OF 2 FOR SKETCH SKETCH AND DESCRIPTION CERTlflED TO: M1AMI-OADE COUHlY PARK AND RECREATION DEPARTIIENT MILLER~EGG South Rorida Office: 1800 North Douglas Road, Suite 200 Pembroks Pines, Florida. 3302~3200 [ I I 954.438-7000. Fax: 954-438.8664 DRA~ BY: RZ CHECKED BY; ~R www.mlllel1egg.com V:\Pl'o,lM:bl\2000\ot-llOClGJ - Ood.-CcllI.,.I'<ft ""'-Im..t\pnmn~\Surwi\ATV I'ARK REZONINO-5D.otq 1,1011 03/30/200; 11:21.. By bdrnm.... RE;:VISIONS THIS SKETCH DOES NOT REPRESENT A BOUNDARY SURVEY I HEREBY CERTIFY THAT THIS SKETCH MEETS l1-IE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAl SURVEYORS AND MAPPERS IN CHAPTER 61017-6, FLORIDA ADMINISTRATIVE COOE PURSUANT TO SECTION 412.027. FLORIDA STATIJTES. DATED THIS 25th DAY OF MARCH ,2009 A.D. ~ ,..c?1?/1Irl- . IIM1IN P. _ PROFESSIONAL SURVEYOR AND MAPPER STATE Of' flORIDA REGtSlRAtlON No. 5851 NOT VALlO 'MTHOUT lllE SlCNAl1JRE AND THE ORIGINAl RAISED SEAL (:#' A A.ORlDA UCENSED SUR~ AND l.lAPPER CERTlFlCATE OF AUTHCfilZATlON: LBeS80 "RO"-;CTNQ. 09-00063 III, A APPENDIX III.A SECTION 9 SECTION 10 SECTION 16 S. LINE SEC. 16 I .-+NCjC),44'17"W- 147.89' 4 . 3' N89'59'14"E SECTION 15 P,O,C. SW CORNER SE 1/4, SECTION 16-53-34 GRAPHIC SCALE o 1500 3000 ~ ~ I . .. 6000 I ( IN FEET ) INCH = 3000 FEET TOWNSHIP 53 SOUTH SECTION 11 N89'59'02"E SECTION 14 S. LINE SEC. 14 SE CORNER SEC. 15 P.O.B. ---.-----.--.~--~l I I.U - . r--N "''' ..0 '" r <00 o VI '4 I _ ! TAM/AMI riW~-, ! u.s. HWY 4 .1 . 1 Ii. OF PAVE~NT PER i E.R. 8ROWNELL ANa I DETAIL ASSOCIATES SURVEY I NOT TO SCALE DATED 7-5-68 MILLER"'?LEGG ~ 5090.33' S88'45'25"W SHEET 2 OF 2 , >- I- - I- 1-{f)1U1)- 3lSlL5~ 8..;- It)::> SECTION 12 "'"' 8 ffi W I W w SECTlON 7 :J ",. '" _>",",.,,~8iT~ ___ 573.99' 10,715.82' E. LINE SEC. 13 I.U o'h "'0 :;i 0 SECTION 18 ",;<I' "'8 VI 5E CORNER SEC. 13 SECTION 13 s. LINE SEC. 13 SE CORNER SEC. 14 5090.33' S88'4525 W LEGENO: P.O.C. = POINT OF COMMENCEMENT P.O.B. = POINT OF BEGINNING SEC. = SECTION 'i:. ~ CENTER LINE SURVEYOR'S NOTES: SUBJECT PROPERTY WAS NOT ABSTRACTED BY THIS FIRM FOR EASEMENTS, RIGHTS-OF-WAY, RESERVA TIONS OR OTHER MATTERS OF RECORD AND OWNERSHIP WAS NOT DETERMINED. BEARINGS ARE BASED ON THE SOUTH LINE OF SEC. 16, TWP. 53 S.. RGE 34 E. HAVING A BEARING OF S89'54'58"W. THE SECTION LINES AS SHOWN ARE BASED ON SURVEY PREPARED BY E.R. BROWNELL AND ASSOCIATES, DATED 7-5-68 FOR DADE COUNTY PORT AUTHORITY TITLED TRANSITION AND TRAINING AIRPORT DADE AND COLLIER COUNTIES, PROPERTY MAP - EXHIBIT" A", TO ACCOMPANY PROJECT APPLICATION FOR FAA PROJECT 9-08-083-01. SEE SHEET 1 OF 2 FOR DESCRIPTION South Aorid!l Otflc:a: 1800 North Oouglelll Road-SIil,200 Pemblokel'inBB,FIorlda.33024-3200 ~7000.Fax:954-4JS.8ll84 www.millellllOQ.com C5rtrtlcate of Authorization LB. 6660 SXETCH AND DESCRIPTION DADE-COLLIER CYPRESS RECREATION AREA THIS SKETCH DOES NOT REPRESENT A. BOUNDARY SUR\'ty ][ ......... 09-00063 ""'... III. A V: ro)tc;:llI 00; lXI-llOOaJ - Dode-ColII.. Pert Am.,dm~t\OrawInQ. Su.-..y\ATV PARK REZONlNO-50.dw9 !.Ion 0)/30/2.00; 11:22.. Ell/ lulmmwm ~ APPENDIX IV.D.1 FUTURE LAND USE MAP ,,-- ~ T 46 S ,- . o S, ~, ~' <( ~, ~,~ i!ii ",' '~. ;1 ~: "~ ~: ffi: "f a.: ~: 0: C. . ,,~I "'....j oCL:'ii 0.' S~i 00' ~~I 0"" " ~,5, ~',:.'.' ~,::.~ ~: ;~ ~ ~ 0 ~ ;f' .~.' ~.~ :,' ;". " - e;- ~ . ';'[ ~.; 1; a :! I~[J.I 0 ,.. 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" 1 -, -- APPENDIX IV.D.2 DADE-COLLIER CYPRESS RECREATION AREA MAP -- ,- PAIIl Y. 00llIJ ~D III I~ ~ :;00 [TJ1> no :;O[TJ [TJI 1>n -10 -, 0, z- [TJ 1>:;0 :;On [TJ-< 1>-0 0:;0 _[TJ (J)(J) -1(J) :;0 n -1 ..-!~" 1> ~ APPENDIX IV.D.2 DADE-COLLIER CYPRESS RECREATION AREA 1- COLLIER COUNTY DADE COUNTY I I I I I , i , I I I I r-~-- i I , ! i i I b-- -- '0 ~ i ~:i g . ~ 0 ~ u __000..,____........ -==~~ _._- DADE~COLlIER CYPRESS RECREATION AREA MAP I ' COLLIER COUNTY, FLORIDA FOR: MIAMI-DADE COUNTY MILLER~EGG ".- APPENDIX V.A.! GENERAL LOCATION MAP ,..- -- ..~"--_..__..._,._,._".,.......~,._..",,,.~...-"..._- -''''_.'''''-'-'''''''''''''.'._~.''-._'---_.''._~''"'-'--'~-...-.-,-- ~ -l~ c-- r--- . n - ;:~ enZ -lWf[-CWPPNll....... 't:A.I-oHIOOI 1101 .DIIG- ~ ~ ~ ~ ~ ~ !!I~ 9 ~m j~ ~ ~I !d liO !i () ON ~.. ~ 0 =' > Z ()- enZ ()G) --- en -I () (JJ ON c CD ~O L ITl >Z n ()- -1 enZ lJ ()G) :::0 0 - - - lJ en ITl -I :::0 -1 --< ~I; ~ \ ~ n~ " .~ , ~ 7 b fimlT - en --....f- N o z z Cl z c > N o Z - Z G) - - () o Z ~~ I 0,;:;: _ 1>: " ,It' ;.;: o ~O en () - ~-(hnn n -I ~_n_ ~ . MILLER~EGGi DADE-COLLIER CYPRESS RECREATION AREA ' __""""'...___......"" COLLIER COUNTY, FLORIDA -:~ -= FOR: MIAMI-DADE COUNTY ' -- u.,N gO .C,Z , - C;z G) - - - --() 0-' ~,~~ C.'() " ..,.. '..."' ..en, ()i' - ~~n__ CIJ -I -- ~ ,", .'--', :2 - r<', COLLIER COUNTY G::..:-K;[ .:-4 1- ;'<~: L'~'~,:;[ r: :'. ':;-r DADE COUNTY () I ~NI · o' > I -n ~'- nn_~_ --~ n ~- ----., -- -- - en ZI Q ~i i~ en -I r---' --J) ,-- APPENDIX V.A.2 AERIAL MAP --- - , -... ,. .. '" ""'" -, --.. - . --0-1 'i <, f'!. ~"o . ,0 ~ 0 rn ~ "E!l , , ;,! MILLER~EGG __.....____-...ZIII ":;:";:""..:=::" -- DADE.COLLlER CYPRESS RECREATION AREA COLLIER COUNTY, FLORIDA FOR: MIAMI.DADE COUNTY r- APPENDIX V.A.3 ZONING WITH 500' BOUNDARY MAP ,- -- "..'.--.--....-....-.--..---,-.-, " , - OI-OOOIJ- PAIIl " - ,- 0 ---------.---._~.___.~.J_~___ ~ 0 0 0 N Z N Z :i> 0 -, :i> 0 '" Z Z 8- 0- 0 - (JJZ en Z 0 G') - ' , - ' , en en -.... -I ag' , I ~ ~ 0 - ~ ~ II I ; I; ~ ~ M ~~ I ~ ; d ; ~U ~~ ~~ ~y ~ ::i:mrJlZ rJl m)>OO C rJlrJlC;lJ :;:: -;:-:1-;-; :;:: on?;?; )> oOnn ;lJ zf:oo -< 'l>ZZ -I )>()" )> nrJl)>)> m rJlnnn m.r. O_"uv" cnW()O -I-Icnoo NN-;-; OONN Z~OO -ZZZ ~G)zz G)G) )> Z CJ Z C )> f. --- ~ N o z z G') z c )> 500' o ON ~O )>Z 0- enZ oG') - .. en -I o ON ~O )>Z -O--~ enZ oG') -" en ~~ -I ~; ~~ : ~ ~ 500' r / '" [DOl 8- 00 CO 0 (J) Z - 0:;0 0 C [D 1>1> Z N L ;:00 0 III -<- :i> n C Z -1 --l(J) '- - ---- .. .\).~.. 0 enZ -0 :;0 (J) oG') 0 - -0 --l - III en III :;0 -I -1 -< i::::::::::-- < ,.. u" MILLER~EGG APPENDIX V.A.3 - ZONING WITH 500' BOUNDARY MAP N o .Z-- - Z G') , , o E m :tI - COLLIER COUNTY DADE COUNTY .~ ...........0...."'...___....._ -.....-."""""'" -_.....- -.....-.... DADE.COLLlER CYPRESS RECREATION AREA' COLLIER COUNTY, FLORIDA FOR: MIAMI.DADE COUNTY - APPENDIX V.B.! EXISTING FLUM - - - ... T &3 S T 52 S T 51S T 50 S T 49 S T 48 S T47 S T 46 S . 1'0 j"iTL"J j ~ ." :;: . C .' " . -l 10 e . c 'i . "i,f .. f I " om r' l< N . i~ i.... Ii: oil f>'" ::: ili! z, N ~"N ~ !:i; J~. .pe ~i~; m ill: ~ > ~ ." ,.. . ::: ::: <:i ';;-)'?~<":: '" ::~i;$' 1 ~ (s3"'-:t.,iJ ' ~'<'f'" ; t1~!; ~,;~ ::: -- --;--i1.i, '71 :; ~1. ~ ~ ;.:.J...IJ:; 1';1 '; "~i .. _'3 I ~ c ~q q ! Iii 'ii! ~ Iti ~ iii i" ~ig '. ~ :< / , mu, I .~c .. )IfILI"! , :1 :;: ,:, i I;~ i :,.~ [ ~ ii Ii ~ ~," ~ ~ -. . ~ : ~ . , I' . ! w w _~;~'5-;:/ ILl ~ H ~ ~, F ;; I. -:;1 : i~ ~:H~ ~ H~~!~ '::::~ f: i ~ ii .. APPENDIX V.B.1 - EXISTING FLUM , fe, ~ t. , . ., ., j ~ ' 'n..' r 10 OJ ~ " :1; :' I~ ~ ~ ~ ji ~ :: ifJ !: :; ~ , --, S tli 1 S 8t I S it 1 S It J. r APPENDIX V.C.l FLUCCS MAP ,-- r- APPENDIX V.C.l - FLUCCS MAP , ~, ~ MILLER~EGG __ o. _~~=";:.."':.":.;_200 ~ -'"*.,:""'.::::.... DADE-COLLIER CYPRESS RECREATION AREA COLLIER COUNTY, FLORIDA FOR: MIAMI-DADE COUNTY Dade.CoUier Cypress Recreation Area Appendix V,C.l - Florida Land Use Cover and Fonns Classification System Vegetative Classifications Field observations, in conjunction with the United States Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI) coverage's, and aerial photographs dated 2004, were used to develop a map of the vegetative communities on site. The vegetative communities are based on the Florida Land Use Cover and Forms Classification System (FLUCCS), Third Edition 1999. Nine (9) vegetative communities were identified on the proposed :1:1,608 acre project site, The following vegetative descriptions list the dominant species observed in the field for the purpose of describing the individual habitats and is not a complete list of all species that occur within the project limits. FLUCCS 6170 - Mixed Wetlands Hardwood :1:166 Acres This forested wetland habitat is composed of a hardwood tree community tolerant of hydric conditions in which no single species appears to achieve dominance within the canopy. The canopy is comprised of live oak (Quercus virginiana), cabbage palm (Sabal palmetto), laurel oak (Quercus laurifolia), red maple (Acer rubrum), bald cypress (Taxodium distichum), red bay (Persea borbonia), poisonwood (Metopium toxiferum), and strangler fig (Ficus aurea). Shrub canopy contains cocoplum (Chrysobalanus icaco), myrsine (Rapanea guinensis), wax myrtle (Myrica cerifera), saw palmetto (Serenoa repens), buttonbush (Cephalanthus occidentalis) and Carolina willow (Salix caroliniana). Representative ground cover species include swamp fern (Blechnum serrulatum), leather fern (Acrostichum danaeifolium), Virginia Chain Fern (Woodwardia virginica), royal fern (Osmunda regalis), saw-grass (Cladium jamaicense), and sand cordgrass (Spartina bakerii). - FLUCCS 6211 - Dwarf Cvoress :1:675 Acres This forested wetland habitat is primary habitat on the project site and is composed of a stunted pond cypress (Taxodium ascendens) tree canopy in areas with exposed cap rock and minimal marl soils. Representative ground cover species include sawgrass, muhly grass (Muhlenbergia filipes), Tracy's beakrush (Rhynchospora tracyii), Everglades daisy (Helenium pinnatiJidum), star rush (Dichromena colorata), marsh fleabane (Pluchea odorata), love vine (Cassytha filiformis), and bladderworts (Utricularia spp.). FLUCCS 6215 Cvpress - DomeslHeads +27 Acres This forested wetland habitat is primarily comprised of bald cypress with scattered dahoon holly (flex cassine), pond cypress and cocoplum. It appears to be associated with slight depressions in the cap rock where organic soils have accumulated. Ground cover is primarily sawgrass. FLUCCS 6216 Cvpress - Mixed Hardwoods :1:166 Acres This forested wetland habitat is composed of a bald cypress with scattered pond cypress, dahoon holly, cocoplum, red bay, myrsine, and wax myrtle. Representative ground cover species include sawgrass, muhly grass, Tracy's beakrush, Everglades daisy, star rush, marsh fleabane, bladderworts, swamp lily (Crinum americana), and lemon bacopa (Bacopa caroliniana). - FLUCCS 6310 - Wetland Scrub :1:57 Acres Dade-Collier Cypress Recreation Area lof2 Appendix V.c.! Dade-Collier Cypress Recreation Area Appendix V,c'l - Florida Land Use Cover and Forms Classification System Vegetative Classifications This forested wetland community is dominated by dense, low-growing, woody shrubs and small trees. Tree species observed include sabal palm, willow, wax myrtle, dahoon holly, saltbush, buttonbush, and saplings of red maple, sweetbay (Magnolia virginica), and other hydric tree species indicative of wooded wetlands. Representative ground cover species include sawgrass, sand cordgrass, marsh fleabane, duck potato (Sagitaria lancifolia), and pickerelweed (Pontederia cordata). FLuees 64lOD - Freshwater Marsh. Disturbed:t5 Acres These small pockets of herbaceous wetlands are dominated by herbacous emergent vegetation. This depressional wetland habitat appears in conjunction with the cleared areas surrounding the borrow areas FLUeeS 7420 and adjacent exposed rock with marsh grasses FLUeeS 7310 and appear to have been created when these areas were originally cleared for excavation of the borrow areas. Representative ground cover species include spikerush (Eleocharis interstincta), maidencane (Panicum hemitomon), lemon bacopa (Bacopa caroliniana), and torpedo grass (Panicum repens). FLuees 7310 - Exposed Rock with Marsh Grasses :t46 Acres These areas occur surrounding the borrow areas FLUeeS 7420 and are comprised of disturbed rock soils. Representative ground cover species include knot grass (Paspalum distichum), torpedo grass (Panicum repens), common reed (Phragmites australis), common frog-fruit (Phyla nodiflora), yellow nut sedge (Cyperus esculentus), broomsedge (Andropogon virginicus), rust- weed (Polypremum procumbens), marsh pink (Sabatia stellaris), muhly grass, sawgrass, star rush, marsh fleabane, southern fleabane (Erigeron quercifolius), and widely scattered trees such as Brazilian Pepper (Schinus terebinthifolius) and Australian Pine (Casuarina spp.). FLuees 7420 - Borrow Areas :t5l Acres The deep cut borrow areas contain minimal littoral areas vegetated with herbaceous wetland species such as cattail (Typha spp.), sawgrass, wax myrtle, and scattered Brazilian pepper. FLuees 7440 - Fill Areas:t13 Acres These areas are the filled roads leading to the borrow areas FLUeeS 7420 and contain minimal vegetation along the edges with the surrounding habitat. In areas where vegetation is present representative ground cover species include torpedo grass, common frog-fruit, marsh pink, rust- weed, yellow nut sedge, broomsedge, star rush, and various upland grasses. Dade-CoWer Cypress Recreation Area 20f2 Appendix V.C.l -- APPENDIX V.C.2a SUMMARY TABLE OF FEDERAL AND STATE PLANT AND ANIMAL SPECIES ,,-.. ,,-.. Dade-Collier Cypress Recreation Area Appendix V,C,2a - Summary Table of Listed Plant and Animal Species - The following summary table of Federal (US Fish & Wildlife Service) and State (Florida Department of Agriculture and Florida Fish and Wildlife Conservation Commission) listed plant and animal species known to occur on the site and/or known to inhabit nearby biological communities similar to the site was compiled utilizing Florida Natural Areas Inventory (FNAI) data, US Fish & Wildlife Service list for Collier County, and the Florida Fish and Wildlife Conservation Commission List of Imperiled Species in conjunction with observations of wildlife and assessment of potential habitat on the project site. Some species listed by FNAI were not included as FNAI results include rare species not included on Federal and State lists or species endemic to habitats found in area, but not on site (e.g. pine flatwoods). Common Name Mollusks Rorida tree snail Scientific Name USFWS Liguus fasciatus Reptiles American alligator Alligator snapping turtle Alligator mississippiensis Chelydra serpentina osceola Birds Limpkin Little blue heron Snowy egret Tricolor heron White ibis Wood stork Everglade snail kite Aramus guarauna Egretta caerulea Egretta thula Egretta tricolor Eudocimus albus Mycteria americana Rostrhamus sociabilis plumbeus Mammals Rorida panther Rorida black bear Big Cypress fox squirrel Puma concolor coryi Ursus americanus floridanus Sciurus niger avicennia Plants Common Name Scientific Name Blodgett's wild-mercury Argythamnia blodgettii Cuban snake-bark Colubrina cubensis var. floridana Few-flowered fingergrass Digitaria pauciflora Clamshell orchid Encyclia cochleata var. triandra Pinelandjacquemontia Jacquemontia curtissii Small's tlax Linum carter; var. smallii Rorida royal palm Roystonea elata Florida filmy fern Trichomanes punctatum ssp. floridanum The following symbols indicate status of protection: E - Endangered T - Threatened SSC - Species of special concern; FFWCC Only T(StN)- Threatened/Similaritv of Appearance FFWCC SSC SSC SSC T(StA) SSC SSC SSC SSC SSC E E E E E T T E FDA E E E E T E E E USFWS Dade-Collier Cypress Recreation Area lof6 Appendix V.C.2a Dade-Collier Cypress Recreation Area Appendix V,c'2a - Summary Table of Listed Plant and Animal Species I I 41' FLpJl.IDA t A.... '1 A-~ rA- rneA-S INVENTORY Florida Natural \ reeL' III Hlltlln Biodiversity Matrix Query Results UNOFFICIAL REPORT Created 3/24/2009 (Contact FNAI Data Services Coordinator for an official Standard Data Report) (Contact the FNAI Data Services Coordinator at 850.224.8207 for information on an official Standard Data Report) NOTE: The Biodiversity Matrix includes only rare species and natural communities tracked by FNAI. Report for 10 Matrix Units: 57381, 57382, 57688, 57689, 57993, 57994, 58296, 58297, 58596 , 58597 Descriptions DOCUMENTED. There is a documented occurrence in the FNAI database of the species or community within this Matrix Unit. DOCUMENTED-HISTORIC - There is a documented occurrence in the FNAI database of the species or community within this Matrix Unit; however the occurrence has not been observed/reported within the last twenty years. LIKELY - The species or community is known to occur in this vicinity f and is considered likely within this Matrix Unit because: 1. documented occurrence overlaps this and adjacent Matrix Units, but the documentation isn't precise enough to indicate which of those Units the species or community is actually located in; or 2. there is a documented occurrence in the vicinity and there IS suitable habitat for that species or community within this Matrix Unit, POTENTIAL ~ This Matrix Unit lies within the known or predicted range of the species or community based on expert knowledge and environmental variables such as climate, soils, topography, and landcover. Matrix Unit ID: 57381 o Documented Elements Found Dade-Collier Cypress Recreation Area 201'6 Appendix V.C.2a Dade.Collier Cypress Recreation Area Appendix V,C.2a - Summary Table of Listed Plant and Animal Species o Documented-Historic Elements Found 3 Likely Elements Found Scientific and Common Names Global State Federal State Rank Rank Status listing Mvcteria americana G4 52 LE LE Wood Stork Puma cone%r corv; GST1 51 LE LE Florida Panther Rostrhamus sociabilis olumbeus G4GST3Q 52 LE LE Snail Kite Matrix Unit 10: 57382 o Documented Elements Found o Documented-Historic Elements Found 4 Likely Elements Found Scientific and Common Names Global State Federal State Rank Rank Status Listing Mvcteria americana G4 52 LE LE Wood Stork Puma con c%r corv; GST1 51 LE LE Florida Panther Rockland hammock G2 52 N N Rostrhamus sociabilis olumbeus G4GST3Q 52 LE LE Snail Kite Matrix Unit 10: 57688 o Documented Elements Found o Documented-Historic Elements Found 3 Likely Elements Found Scientific and Common Names Global State Federal State Rank Rank Status Listing Mvcteria americana G4 52 LE LE Wood Stork Puma conc%r corvi GST1 51 LE LE Florida Panther Rostrhamus sociabifis ofumbeus G4GST3Q 52 LE LE Snail Kite Matrix Unit 10: 57689 o Documented Elements Found Dade-Collier Cypress Recreation Area 30f6 Appendix V.C.2a Dade-Collier Cypress Recreation Area Appendix V,C,2a - Summary Table of Listed Plant and Animal Species o Documented-Historic Elements Found 3 Likely Elements Found Scientific and Common Names Global State Federal State Rank Rank Status Listing Mvcteria americana G4 52 LE LE Wood Stork Puma conc%r corv! GSTl Sl LE LE Florida Panther Rostrhamus sociabilis olumbeus G4GST3Q 52 LE LE Snail Kite Matrix Unit ID: 57993 o Documented Elements Found o Documented-Historic Elements Found 3 Likely Elements Found Scientific and Common Names Global State Federal State Rank Rank Status Listing Mvcteria americana G4 52 LE LE Wood Stork Puma conc%r corv; GSTl 51 LE LE Florida Panther Rostrhamus sociabilis Dlumbeus G4GST3Q 52 LE LE Snail Kite Matrix Unit 10: 57994 o Documented Elements Found o Documented-Historic Elements Found 3 Likely Elements Found Scientific and Common Names Global State Federal State Rank Rank Status Listing Mvcteria americana G4 52 LE LE Wood Stork Puma cone%r corvl GSTl 51 LE LE Florida Panther Rostrhamus sociabilis o/umbeus G4GST3Q 52 LE LE Snail Kite Matrix Unit ID: 58296 o Documented Elements Found o Documented-Historic Elements Found 3 Likely Elements Found Scientific and Common Names Global State Federal State Rank Rank Status Listing Mvcteria americana G4 52 LE LE Dade-Collier Cypress Recreation Area 40f6 Appendix V.C.2a Dade-Collier Cypress Recreation Area Appendix V,C.2a - Summary Table of Listed Plant and Animal Species Wood Stork Puma conc%r corvi G5T1 51 LE LE Florida Panther Rostrhamus sociabilis olumbeus G4G5T3Q 52 LE LE Snail Kite Matrix Unit 10: 58297 o Documented Elements Found o Documented-Historic Elements Found 3 Likely Elements Found Scientific and Common Names Global State Federal State Rank Rank Status Listing Mvcteria americana G4 52 LE LE Wood Stork Puma conc%r corvi G5T1 51 LE LE Florida Panther RostrhamU5 sociabilis olumbeus G4G5T3Q 52 LE LE Snail Kite Matrix Unit 10: 58596 o Documented Elements Found o Documented-Historic Elements Found 3 Likely Elements Found Scientific and Common Names Global State Federal State Rank Rank Status Listing Mvcteria americana G4 52 LE LE Wood Stork Puma conc%r corvi G5T1 51 LE LE Florida Panther Rostrhamus sociabilis olumbeus G4G5T3Q 52 LE LE Snail Kite Mabix Unit 10: 58597 o Documented Elements Found o Documented-Historic Elements Found 3 Likely Elements Found Scientific and Common Names Global State Federal State Rank Rank Status listing Mvcteria americana G4 52 LE LE Wood Stork Puma con color corvi G5T1 51 LE LE Florida Panther Rostrhamus saciab/lis ofumbeus G4G5T3Q 52 LE LE Snail Kite Dade-Collier Cypress Recreation Area 50f6 Appendix V.C.2a Dade-Collier Cypress Recreation Area Appendix V,C,2a - Summary Table of Listed Plant and Animal Species Matrix Unit IDs: 57381 , 57382 , 57688 , 57689 . 57993 , 57994 , 58296 . 58297 . 58596 . 58597 16 Potential Elements Common to Any of the 10 Matrix Units Scientific and Common Names Global State Federal State Rank Rank Status Listing Aravthamnia tJlodaettii G2 52 C LE Blodgett's Wild-mercury Colubrina cubensis var. floridana G2G3T1 51 N LE Cuban Snake-bark Corvnorh/nus rafinesouii G3G4 52 N N Rafinesque's Big-eared Bat Digitaria pauciflora G1 51 C LE Few-flowered Fingergrass Drvmarchon caUDer; G3 53 LT LT Eastern Indigo Snake Elytraria cam/in/ensis var. angustifolia G4T2 52 N N Narrow-leaved Carolina Scalystem Encvclia coch/eata var. triandra G4GST2 52 N LE Clamshell Orchid Forest/era segregata var. pinetorum G4T2 S2 N N Florida Pinewood Privet Galactia olf7etowm G2Q 52 N N Pineland Milk Pea GaDherus oofvohemus G3 S3 N LT Gopher Tortoise JacauemonUd curtiss!! G2 52 N LT Pineland Jacquemontia Linum carter; '/ar. sma/Iii G2T2 52 N LE Small's flax Picoides borealis G3 52 LE L5 Red-cockaded Woodpecker Roystonea elata G2G3 52 N LE Florida Royal Palm Trichomanes punctatum ssp. floridanum G4GST1 S1 N LE Florida Filmy Fern Ursus americanu5 f/oridanus GST2 S2 N LT* Florida Black Bear Disclaimer The data maintained by the Florida Natural Areas Inventory represent the single most comprehensive source of information available on the locations of rare species and other significant ecological resources statewide. However, the data are not always based on comprehensive or site-specific field surveys. Therefore, this information should not be regarded as a final statement on the biological resources of the site being considered, nor should it be substituted for on-site surveys. FNAI shall not be held liable for the accuracy and completeness of these data, or opinions or conclusions drawn from these data. FNAI is not inviting reliance on these data. 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'- E: '" t: '" "'" '0 'G '" " '" E: c- c;; " " t: -'" " ... ..:.< '" 'i3 0 ro ::l " - C - ... 0 '" en " '" - en U .- 0 t: " ... 0 - OJ) en ';; ... 0; 2 u 'i3 "0 .c c c .5 '" '" '" " ro ro " -e ... 's u .~ E en ::l - '~ ... c " en '" " " .!l " on ... S S en " OJ) t:: '" ... 0 '" <t: <t: "-l " -i 04 ~ ~ " l:l ..., ... .- "'" :: - ,'0 ~ ~ ~ "" CI: 1: Q, ~ ~ N t.i ::> .!! " <= :!l. ;[ (") "" o (") ill OJ III p., ~Iorida Notes: U.S. Fish & Wildlife Service Threatened & Endangered Species System . This report shows the listed species associated in some way with this state. . This list does not include experimental populations and similarity of appearance listings. . This list includes non-nesting sea turtles and whales in StatelTerritory coastal waters. . This list includes species or populations under the sole jurisdiction of the National Marine Fisheries Service. . Click on the highlighted scientific names below to view a Species Profile for each listing. Listings and occurrences for Florida - 114 listings . 109 occurring In Florida . 5 not occurring In Rorlda . 1 species listed In some other state occurring In Florida Animals - 59 listings . 55 occurring In Florida . 4 not occurring In Florida . 1 species listed In some other state occurring in Florida Status T E T T T T E E T E E E E E E E Species lIsted in thIs state and that occur in thIs state Bankclimber, purple (mussel) (EJhQIQicieus sloa(lfinus) Bat, gray (My!}tis grisescens) Butterfly, Schaus swallowtail (Heraelides aristodemus panceanus) Caracara, Audubon's crested FL pop. (Palybarus plancus audubanil) Coral, elkhorn (Af;[QQQIfi{2aJmata) Coral, stag horn (Ar;r(]Qora C(!rvir;gfflls) Crocodile, American FL pop. (Crocodylus acutus) Darter, Okaloosa (Etheostoma akaloosae) Deer, key (OciQC9ilr!JlffiXimjl]ianus clavium) Jay, Florida scrub (Aphel9CQma mfifulescens) Kite, Everglade snail FL pop. (Rostrhamus soclabilis plumbeus) Manatee, West Indian (Tric;hRChY~mgnfit/Js) Moccasinshell, Gulf (MerJiQ(licj/Jffi{2~icillaltls) Moccasinshell, Ochlockonee (Med/on/dus simpsonianus) Mouse, Anastasia Island beach (Peromysc;us polionotus phasma) Mouse, Choctawhatchee beach (PW9mJ'sc;u~ Ql]liQ[1atus fiIl9{2h[}'ii) Mouse, Key Largo cotton (PwomXSJ;uiigQiiSj{[JJflYS .fill?ilil(lC!}}<I) Mouse, Perdido Key beach (Peromysc;us pohonotus trissyllepsis) Page 1 0 f 5 Appendix V.C.2a T E E E T E E E T E E T E E E T E T T T T T T T E E E T E T E E E E E Mouse, southeastern beach (PiirQmyscus pOjlonotus mvelVen/ns) Mouse, SI. Andrew beach (PiiromY~m~ pollono/us Peninsul?,ris) Panther, Florida (Puma (~Fells) con c%r carYl) Pigtoe, oval (Pleurobema pyrilorme) Plover, piping except Great Lakes watershed (Chw?,drius me/odus) Pocketbook, shinyrayed (~amp~ib~ ~vbangu/ala) Rabbit, Lower Keys marsh (Sy/vl/agus palustns helnen) Rice rat lower FL Keys (Oryzomys palus/ris natator) Salamander, frosted flatwoods (AmbY~19ma qngulalum) Sawfish, smalltooth (Pnstls Piic/Lngta) Sea turtle, green FL, Mexico nestin9 pops. (Cheloma mydas) Sea turtle, green except where endangered (Cheloma mydas) Sea turtle, hawksblll (fIfl/mQc;lw/ys Imbnc?,ta) Sea turtle, Kemp's rid ley (Lepldochelys kempll) Sea turtle, leatherback (Oermoche/ys conacea) Sea turtle, loggerhead (carella carella) Seal, Caribbean monk (Monachus troplca/Is) Shrimp, Squirrel Chimney Cave (Palaemonetes cummmgJ) Skink, bluetail mole (Eumeces egreglus IlVldus) Skink, sand (Ne9~?QSJiiynQ!dsl) Slabshell, Chipola (fllip/lo chIPQ/a.ensis) Snail, Stock Island tree (Orthailcus reses (not mcl nesodryas)) Snake, Atlantic salt marsh (Nerodla clarkll taema/a) Snake, eastern indigo (QrYmarchon corals coupen) Sparrow, Cape Sable seaside (Ammodramus mantlmus mJrabliis) Sparrow, Florida grasshopper (Ammodramus savanna rum I/ondanus) Stork, wood AL, FL, GA, SC (Myctena americana) Sturgeon, 9ulf (AcWiiDser oxynnchus dii~otol) Sturgeon, shortnose (AGipftOJ;f3.fPrevirostrurn) Tern, roseate Western Hemisphere except NE U.S. (Sterna dougal/il dougallil) Three-ridge, fat (mussel) (Amblema nels/WII) Vole, Florida salt marsh (M1CfO~L!s pennsylvamcus dukecampbel/I) Whale, finback (Balaenop/era physalus) Whale, humpback (Megap/era novaeangllae) Whale, right (Ba/aena glaCig/ls (mc/. aus/ra/isl) Page 2 of 5 Appendix V.C.2a E E ~ E E E E Stat!L~ E Woodpecker, red-cockaded (Pir;Qide~ QQrJ1JJlis) Woodrat. Key Largo (NflQ!om", fIQr/d",[HLsrna)li) s Species listed In this stllte thllt do not occur In this stllte Beetle, American burying (N/croRhondS ",[T1er/can!!s) Curlew, Eskimo (Numen/iJs _bar"",IIS) Pelican, brown except U.S. Atlantic coast, FL, AL (Pelecanus occidental/s) Wolf, gray Lower 48 States, except where delisted and where EXPN. Mexico. (Canis lupus) Listed species occu"'ng In this stllte thllt lire not listed In this stllte Wolf, red except where EXPN (Cams rufus) Plants - 55 listings . 54 occurring in Florida . 1 not occurring In Florldll . 0 species listed In some other state occurring In Florida Sti!tus E E E T E T T T E E E E E T E E E Species listed In this stllte IInd thllt occur In this state Aster, Florida golden (ChrysQQs!sflor/!:taBiOJ) Beargrass, Britton's (Nolina bntloniana) Beauty, Harper's (Harperocallis flava) Bellflower, Brooksville (CJLl1]QanuliOJrQQinsiae) Birds-in-a-nest, white (Mar;bridea",lbiOJ) Blazingstar, scrub (Liatris ohlingerae) Bonamia, Florida (EioniOJ/7J/a grandiflora) Buckwheat, scrub (EripgQJJjJ[T11ong1foli!!m viOJUJDflPl1a1i/Q}tlirn) Butterwort, Godfrey's (Pinguicula /onantha) Cactus, Key tree (Pilosocereus robinll) Campion, fringed (Silene [Jolyp",~""iOJ) Chaffseed, American ($ctlwiOJlb@ag[1]J'i(/cang) Cladonia, Florida perforate (Cladonia perlorata) Fringe-tree, pygmy (ChlonanthiJs pygmaeus) Gooseberry, Miccosukee (RiPes ftchin",llum) Gourd, Okeechobee (Cur;wbiliLQKeer;hQb_"ftnsis s'iP~oJ<eectJQb"--"nsis) Harebells, Avon Park (Crotalana avonensis) Hypericum, highlands scrub (Hypericum cumulicola) Jacquemontia, beach (Jar;querTlQntia rer;lin"I") Page 3 of 5 Appendix V.C.2a E E E E E E E E E E E E T E E E E E E E E E E T T E E T T E E E T E E Lead-plant, Crenulate (AmQ[QOCLcrenulata) Lupine, scrub (LuPlnus arLci9!um) Meadowrue, Cooley's ( Thalictrum cooleYI) Milkpea, Small's (Galaclia smallil) Mint, Garrett's ([JEftmndJa chnstm'il]lI) Mint, Lakela's (OiQer<Jndra /mmi'LQiJ!al'i) Mint, longspurred (D/cerandra cornullsslma) Mint, scrub (O/cerandra frulescens) Mustard, Carter's (Warea carten) Pawpaw, beautiful (Oeer/ngolhamn_Lis I2LiktLeI!Li-''i) Pawpaw, four-petal (Aslmlna tetramera) Pawpaw, RUgel's (Oeenngothamnus rugel/I) Pigeon wings (Clitoria fragrans) Plnkroot, gentian (Spigelia gentianoldes) Plum, scrub (Prunus gemculata) Polygala, Lewton's (Polyg<Jla lewtonll) Polygala, tiny (Polyga/a smal/II) Prickly-apple, fragrant (Cereus eriophorus v<Jr fmgrans) Rhododendron, Chapman (Rhododendron chapmanll) Rosemary, Apalachicola (ConradlnagJabra) Rosemary, Etonia (CQnraJ:Jini'fetoma) Rosemary, short-leaved (Conradlna brevdolia) Sandlace (Polygonel/a mynophylla) Sea9rass, Johnson's (Halophlla }ohnsonll) Skullcap, Florida (Scute//ar/a flQndana) Snakeroot (ErynglUm cuneifollUm) Spurge, deltoid (Chamaesyce de/toidea ssp deftoldea) Spurge, Garber's (Chqmi'fBsJlQeg_arben) Spurge, telephus (EuPOQrQla le/ephloldes) Torreya, Florida (Torreya taxifolla) Warea, wide-leaf (Wweq 'ilIJ[Jlft:X;I!Q!ia) Water-willow, Cooley's (JListiqqcQQleyl) Whitlow-wort, papery (Paronychia chartacea) Wireweed (Polygone/la basJ(am/a) Ziziphus, Florida (Zi<;ip/1LJs__celata) Page 4 of 5 Appendix V.C.2a Status E Appendix V.C.2a Species listed In this state that do not occur In this state Pondberry (Lindera melissifolia) ----------~---~--~--- -~-------------- -- - ---------------- FWS_End<!n-ill'rQd Sp-,~~i"s HQI1'-~ I ECQ5 HOI11~ I QQnt'!~LI:;QQS I PriYil(Oy I Qisclail11~r Page 5 of 5 Appendix V.C.2a FLORIDA'S ENDANGERED SPECIES, THREATENED SPECIES, AND SPECIES OF SPECIAL CONCERN May 2008 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Appendix V.C.2a CONTENTS PREFACE.......................................................................................................................... ii NUMERICAL SUMMARY OF SPECIES LISTED BY THE STATE OF FLORIDA AS ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN .... 1 OFFICIAL LISTS ....................................................................................................... 1 FISH. ...................................... ...................................... .................................................. 2 AMPHIBIANS............................................................................................................... 2 REPTILES.......................................... ........................................................................... 2 BIRDS ..... ................ .................. ............... ................... ................................................... 3 MAMMALS...................................................................................................................4 INVERTEBRATES ...................................................................................................... 6 CORALS .................................................................................................................... 6 CRUST ACEANS....................................................................................................... 6 INSECTS...... ................... ......................... ................................................................. 6 MOLLUSKS ................................... ........................................................................... 6 KEY TO ABBREVIATIONS AND NOTATIONS........................................................ 7 Appendix V.C.2a PREFACE This document consolidates the official state of Florida list of endangered species, threatened species, and species of special concern. The Florida Fish and Wildlife Conservation Commission (FWC) maintains the state list of animals designated as endangered, threatened, or species of special concern, in accordance with Rules 68A-27.003, 68A-27.004, and 68A-27.005, respectively, Florida Administrative Code (F.A.C.), https://www.flrules.org/Default.asp. The state lists of plants, which are designated endangered, threatened, and commercially exploited, are administered and maintained by the Florida Department of Agriculture and Consumer Services (DOACS) via Chapter 5B-40, F.A.C. This list of plants can be obtained at http:;/www.fl-dofcom/forestmanagement/plantconservelist.html. The federal agencies that share the authority to list species as Endangered and Threatened are the National Oceanic and Atmospheric Administration-National Marine Fisheries Service (NOAA-NMFS) and U. S. Fish and Wildlife Service (USFWS). The NOAA-NMFS is responsible for listing most marine species. The federal list of animals and plants is administered by the USFWS, and this list is published in 50 CFR 17 (animals) and 50 CFR 23 (plants). Additional information regarding federal listings can be located at the following websites; NOAA-NMFS - http://www.nmfs.noaa.gov and USFWS - http://endangercd.fws.!!ov/wilcllife.html#Species. Please note that while the FWC has published a consolidated list of state and federally listed species in the past, we now only publish a list of species listed within the state of Florida. This list will be maintained and available at our agency website: http://www.mvfwc.com. Lists of federally listed species can still be viewed at the USFWS and NOAA-NMFS websites mentioned above. It is our intent by providing the list in this manner that we will be able to maintain a current list that is more readily available to the public. . Common and scientific names listed first are as they appear in the Florida Administrative Code, Title 6SA. Common and/or sdentific names following this and located within parentheses ( ) contain names as used by USFWS, or other commonly used names. Bradley J. Gruver, Ph. D Listed Species Coordinator Species Conservation Planning Section Division of Habitat and Species Conservation Florida Fish and Wildlife Conservation Commission Cover Photos by FWC Staff: Key Largo Woodrat, Burrowing Owls, Okaloosa Darter, Schaus' swallowtail butterfly, Short-tailed Snake. ii Appendix V.C.2a NUMERICAL SUMMARY OF SPECIES LISTED BY THE ST ATE OF FLORIDA AS ENDANGERED, THREATENED, OR SPECIES OF SPECIAL CONCERN STATUS DESIGNATION FISH AMPHIBIANS REPTILES BIRDS MAMMALS INVERTEBRATES TOTAL E 3 0 6 8 20 4 41 T 2 0 11 9 4 0 26 sse 10 5 7 18 6 4 50 TOTAL 15 5 24 35 30 8 117 Appendix V.C.2a OFFICIAL LISTS Common Name Scientific Name Status FISH Atlantic sturgeon Acipenser oxyrinchus sse (1) (Gulf sturgeon) (Acipenser oxvrinchus desotoi) shortnose sturgeon Acivenser brevirostrum E shoal bass Microvterus cataractae sse (1,2) Suwannee bass Micropterus notius sse (J) rivulus Rivulus marmoratus sse (I) (mamrroye rivulus) Lake Eustis ouofish Cvprinodon varieflatus hubbsi sse (J) blackmouth shiner Notronis melanostomus E bluenose shiner Pteronotropis welaka sse (1,2) saltmarsh toominnow Fundulus ienkinsi sse (I ) key silyerside Menidia conchorum T crYstal darter Crvstallaria asprella T harleauin darter Etheostoma his trio sse (I ) okaloosa darter Etheostoma okalossae E Southern tessellated darter Etheostoma olmstedi sse (I) (tessellated iohnny darter) maculaticeps key blenny Starksia starcki sse (J) AMPHIBIANS tlatwoods salamander Ambvstoma cinf(Ulatum sse Georgia blind salamander Haideotriton wallacei sse (1,2) oine barrens treefrog Hvla andersonii sse (J) Florida bog frog Rana okaloosae sse (2) gOO her frog Rana capito sse (1,2) REPTILES American alligator Alligator mississippiensis sse (1,3) American crocodile Crocodvlus acutus E key rinlffieck snake Diadophis punctatus acricus T Eastern indigo snake Drvmarchon corais couveri T red rat snake Elaphe guttata ssel(J) Atlantic salt marsh water snake Nerodia clarkii taeniata T (Atlantic salt marsh snake) 2 Appendix V.C.2a Common Name Scientific Name Status Florida pine snake Pituophis melanoleucus sse (2) mUi<itus short-tailed snake Stilosoma extenuatum T Florida brown snake Storeria dekayi victa T1 rim rock crowned snake Tantilla oo/itica T Florida ribbon snake Thamnophis sauritus sackeni T1 bluetail mole skink Eumeces ei<rei<ius /ividus T Florida Kev mole skink Eumeces el!rel!ius ei<rei<ius sse (I) sand skink Neoseps revnoldsi T gopher tortoise Gopherus polyphemus T Barbour's map turtle Graptemys barbouri sse (1,2) alligator snapping turtle Macroc/emvs temminckii sse (I) striped mud turtle Kinosternon baurii E1 Suwannee cooter Pseudemys concinna sse (1,2) suwannlenSlS loggerhead seaturtle Caretta caretta T (loggerhead sea turtle) green sea turtle Chelonia mydas E (green sea turtle) leatherback seaturtle Dermochelys coriacea E (leatherback sea turtle) hawksbill seaturtle Eretmochelys imbricata E (hawksbill sea turtle) Kemp's ridley seaturtle Lepidochelys kempii E (Kemp's ridlev sea turtle) BIRDS piping plover Charadrius melodus T snowy plover Charadrius alexandrinus T (Cuban snowy plover) American oystercatcher Haematopus palliatus sse (1,2) brown pelican Pelecanus occidenta/is sse (I) black skimmer Rynchops nil!er sse (I) least tern Sterna antillarum T roseate tern Sterna dougalli T (Sterna doui<allii doui<allii) limpkin Aramus l!uarauna sse (1) reddish egret El!retta rufescens sse (1,4) snowy egret Ewetta thula sse (I) little blue heron El!retta caerulea sse (1,4) tricolored heron El!retta tricolor sse (1,4) 3 Appendix V.C.2a Common Name Scientific Name Status "- white ibis Eudocimus albus sse (2) Florida sandhill crane Grus canadensis pratensis T whooninl! crane Grus americana ssem wood stork Mvcteria americana E roseate sooonbill Platalea a;a;a sse (J ,4) burrowing owl Athene cunicularia sse (1) (Florida burrowing own (Athene cunicularia Iloridana) crested caracara Caracara cheriway T (Audubon's crested caracara) (Polyborus plancus audubonii) oeregrine falcon Falco peref!rinus E Southeastern American kestrel Falco sparverius Daulus T osprey Pandion haliaetus sse2 (J,2) snail kite Rostrhamus sociabilis E (Everglades snail kite) plumbeus Florida scrub iav Aphelocoma coerulescens T eape Sable seaside sparrow Ammodramus maritimus E mirabilis Florida grasshopper sparrow Ammodramus savannarum E Iloridanus Scott's seaside sparrow Ammodramus maritimus sse (I) pen insulae Wakulla seaside sparrow Ammodramus maritimus sse (I) ;uncicolus white-crowned nil!eon Columba leucocephala T Kirtland's warbler Dendroica /drtlandii E Bachman's warbler Vermivora bachmanii E ivory-billed woodnecker Campephilus principalis E red-cockaded woodnecker Picoides borealis sse Marian's marsh wren Cistothorus palustris marianae sse (1) Worthington's marsh wren Cistothorus palustris f!riseus sse ([) MAMMALS Florida panther Puma conc%r coryi E (Puma r =Felis 1 concolor coryi) Florida black bear Ursus americanus floridanus T3 Everl!lades mink Mustela vison everf!ladensis T key deer Odocoileus virginianus E clavium 4 Appendix V.C.2a Common Name Scientific Name Status Lower Kevs marsh rabbit Svlvilams Dalus/ris hefneri E Bi" Cvnress fox squirrel Sciurus nif!er avicennia T Sherman's fox sauirrel Sciurus niger shermani SSC (1,2) Eastern chiomunk Tamias stria/us SSC (1) Sanibel Island rice rat Orvzomvs Dalus/ris sanibeli SSC (1,2) silver rice rat Oryzomys argenta/us E (rice rat, lower FL Kevs) (Orvzomvs valus/ris nata/or) Kev Largo woodrat Ne%ma floridana smalli E Key Largo Cotton Mouse Peromyscus gassy pinus E allavaticola Choctawhatchee beach mouse Peromyscus polionotus E allovhrvs Southeastern beach mouse Peromyscus polionotus T niveiventris Anastasia Island beach mouse Peromyscus poliono/us E vhasma St. Andrews beach mouse Peromyscus poliono/us E veninsularis Perdido Key beach mouse Peromyscus polionotus E Irissvllevsis Florida mouse Podomvs floridanus SSC (1) Florida mastiff bat EumODS f!laucinus floridanus E !!fay bat Mvotis f!risescens E Indiana bat Mvotis sodalis E Florida saltmarsh vole Microtus pennsylvanicus E (Florida salt marsh vole) dukecampbelli Sherman's short-tailed shrew Blarina carolonensis SSC (2) r =brevicauda 1 shermani Homosassa shrew Sorex longirostris eionis SSC (2) sei whale SalaenoDtera borealis E fin whale Salaenoptera physalus E (finback whale) North Atlantic right whale Eubalaena glacialis E (right whale) (Balaena glacialis (incl. australis n humoback whale Mef!av/era novaeanf!liae E snerm whale Phvse/er macrocevhalus E Florida manatee Trichechus manatus latirostris E (West Indian manatee) (Trichechus manatus) 5 Appendix V.C.2a Common Name Scientific Name Status INVERTEBRATES CORALS Dillar coral DendrofNra cvlindrus E CRUSTACEANS Panama eity crayfish Procambarus econfinae sse (1) (econfina cravfish) sims sink crayfish Procambarus erythrops sse (1) (Santa Fe cave crayfish) black creek crayfish Procambarus Dictus sse (1) INSECTS Miami blue butterfly eyclargus [=Hermiargus] E thomasi bethunebakeri Schaus' swallowtail butterfly Heraclides aristodemus E ponceanus MOLLUSKS Florida tree snail U{!Uus fasciatus sse (1) Stock Island tree snail Orthalicus reses E Orthalicus reses [not incl. nesodrvas 1 6 Appendix V.C.2a KEY TO ABBREVIATIONS AND NOTATIONS List Abbreviations FWC E= T= SSC= Florida Fish and Wildlife Conservation Commission Endangered Threatened Species of Special Concern Reasons for SSC listings prior to January I, 200 I are indicated by the number in parenthesis under the following criteria: (I) has a significant vulnerability to habitat modification, environmental alteration, human disturbance, or human exploitation which, in the foreseeable future, may result in its becoming a threatened species unless appropriate protective or management techniques are initiated or maintained; (2) may already meet certain criteria for designation as a threatened species but for which conclusive data are limited or lacking; (3) may occupy such an unusually vital or essential ecological niche that should it decline significantly in numbers or distribution other species would be adversely affected to a significant degree; (4) has not sufficiently recovered from past population depletion, and (5) occurs as a population either intentionally introduced or being experimentally managed to attain specific objectives, and the species of special concern prohibitions in Rule 68A- 27.002, F.A.C., shall not apply to species so designated, provided that the intentional killing, attempting to kill, possession or sale of such species is prohibited. List Notations Lower keys population only. 2 Monroe County population only. 3 Other than those found in Baker and Columbia Counties or in Apalachicola National Forest. 7 ~- APPENDIX V.C.2b PANTHER BEAR TELEMETRY MAP ~ - Dade Collier Cypress Recreation Area Panther and Bear Telemetry Map County Boundaries o Wildlife Crossings Black Bear Telemetry . Panther Mortality . Panther Telemetry . Digital Ortho Quarter Quads .Red: Band_1 ~Green: Band_2 .Slue: Sand_3 Major Rivers Black Bear Nuisance - 1980 to 2006 o Black sear Roadkill - 1976 to 2006 . Wildlife Observations . Copyright FWRI 2008 TRGIS_Servic8 Daniel Kiermaier ..c N . () . > X o Z ill 0.. 0.. <( - APPENDIX V.C.3a COUNTY HISTORIC AND/OR ARCHEOLOGICAL SITES ...- ~- FIFTY - MILE BEND QUADRANGLE ARF.AS OF HISTORICAL/ARCHAEOLOGICAL PROBAEn.TTY @ RNG 33 I RNG 34 11 12 7 ~, - L ~~ ~~ 14 13 18 u.s. ol-ll'AWLua'nWJ. -. 8 9 10 11 12 17 16 . - __ro nwcsmoll" .tJfl) TtWlQJIG oWlPORT 15 PRO 14 OSED SI 13 E~ 23 - 24 19 20 21 23 24 . ~.. CRI?,. CIlU7. .~.. ~.. .~~ 26 25 30 29 28 27 25 35 36 ~'. ___~:_______j_____~~cu~~:~_____j________~~~___ YONROE co 34 J 35 ----- ---------------- -~~------- TWP 53 TWP 54 "'w <( W ~ <( Z o fo- <( W ~ U w Cll~ ~~ ~W >::::i ,XeS [n I """' I~Colit'er County PREPAREOBY,CIS!CADMAPPINCSrCTlON COMMUNITY OEVELOP!.IENT AND ENIfIRONlIA(NTAL SERviCES DN:S'ON F1LE:I,!APJfi-FIFTYMIL.DWG 2/22/9.3 . j L__._~ INDICATES AREAS OF HISTORICAL/ARCHAEOLOGICAl PROElABlUT"Y .. IND1CATES HISTORIC STRUCTURE (NOT TO SCALE) . INOICATES ARCHAEOLOCICAL srrE (NOT TO SCAlE) ~INDICAn:sHISTORICOISTRICT ~PREVIOUSLYSURvEYEOAREA + ""......... PREVIOUSLYSURV[YEDROAD NOT TO SCALE .-- APPENDIX V.C.3b FLORIDA MASTER SITE FILE RESPONSE -- .- MILLE~EGG Facsimile I Dam: I NlImber of pages: (Including cover) ;! 3120/2009 TII'IKI: 3:19 PM Fr.Qm: Mark Clark To: Florida Master Site File- TRS Sean:h FaX: (954) 436-8664 Company: Division of Historic Resources PrQ~. TNf Park :Fax: (850) 245-6439 NlIm.: PryIHt. 09-00063 . Pbone: f!lijm~ FJ~: c;. cc: 0 Urgent 0 For your review Fax # 181 Reply ASAP 0 Please comment ec:: 0 WiD mail original 0 As requested Fax # Corilmen~: Please see the attached request for . Florida Master Site File - TRS Search. If you have any questions. please do not hesitate to call. Thanks, MaIk Important MHtI8ge: ThIs InformaUon Is In/snded solely for th6 plJrsonlentily to Whom It Is addnNls.ed and may contain messages that "'" ~ and confldsntial. Any ~nation or copying of this. /nfprmation by unaUthol1zsd persons Is s/JIct1y prohibited. "you ~ IIIIs fax In error, p.... lelepflon8 (954)436-7000, .- IMP R 0 V I N (i COM M U NIT I E S, eRE A TIN (i E N V I RON MEN T S. South Florida Office: 1800 N 00uflIas Rood . SUite 2IlO ' Pembroke Pines. Aorida ' 33024-3200 (954) 436-7000 ' Fox: (954) 436-8664 wwounilr.rteucom Page 1 of 6 Appendix V.C.3b * - CIJ '0 - c <1> E t I1l a. <1> Cl I1l "0 'C ..Q u- rn ~ ~ ::I o '" <1> ex: Cii u 'C o ~ :r:: '+- o c o 'w '> Ci <1> .r:. - '+- 0", c=:: .2 ii: -<1> ~ex: <1>"0 ",c <1>11l ~ a.iii u<1> .- ::I ~o 0 -<1> .!!l ex: :r::.r:. o~ ::I11l 11l<1> <1>(/) ~ <1> ::1_ cou:: '<1> al.~ C'iCIJ . ~ '-',gJ >~ .~~ "O11l c-c <1>._ o.~ 0.0 <(i:i: ~Florida fSite. file' Florida Master Site File- TRS Search Preliminary Investigation ofPrcviously Recorded Cultural Resources To request a search for previously recorded cultural resources, fill in the Towmllip (circle Nonh or South), Range (cixcle East or West), &. Section numbet(s) of your project area and fax 10 850-245-6439, Also include a photocopy of the appropriate USGS quad map with your project area clearly marked. T"""""{p (North...s: 5':3? Sed.... (include all affeered): I 6> ) II, r'Z- T.......Ar{p (North or South): ~ s.ctIou (include aU_ffeCled): ROII,6 Q>r West); ;, ~ t::. 15, (~, 17> I 'i'1 10, R.",6 (EISt or West): _, TowruArlp (North 0' South): _' S..dioa (iJU:lude _Uaffected): R.n'6 (EISt or West): _' r_rlJ/f{p (North or South): ---' S<<tJotl (include _II affected): ROII,6 (Easl or West): _, To_Arip (North or Soulh): ---' S<<IitHt (include all affected): btI'6 (Sa$< or West): _, (Search..! generating more than 10 pages or material will be returned by US mail) Return To: NAME: !'11 tl ",ve C I..:; vA- ORGANIZATION: y'Y7; lie-< L.e.j'l DATE: J I z,o I z.oo9 FAX": ('is'1)''/3(p-<l~~<i PHONE#: ('l5"L{) '1"34>- 7000 ADDRESS: i goo ~ f)/I1u,> /" <. /2_~O, S",'l-e <:'00 P<!.-..Io/'o..L.<2 P.'-"p% ,c<... 33Dz.'!' P:\FsrooCSIMOMIMOM_DOCSlTRSREQUEST.DOC Page 2 of 6 Appendix V.C.3b (I) - C1l - cr , , - c (I) E t:: '" a. Q) Cl '" '0 'C o u:: (/) (I) o ~ ::I o (/) Q) 0::: (ij () 'C o - .!!l I .... o c o 'iij .;; o (I) .<:: - - ( c: - .Q ~ -Q) ~o::: Q)'O II) C Q) C1l ~ o...(;i () Q) .- ::I ~ 0' BQ) .!!lo::: I.<:: De ::I III C1l Q) (l)C/) ~ Q) ::1_ a:lii: , Q) co;~ MC/) . ~ U (I) >ti '" .~ ::2: '0", c:'O Q).- a.~ 0.0 <(u:: Send To PrInter Change to Landscape Image COUrtesy of the U.S. Geological Survey @ 2004 Microsoft Corporation. Terms of Use Privacy Statement Q- f~:r~L..~+..o.., http://terraserver-usa.comIPrintImage.aspx?T=2&S=14&Z=17&X=159& Y =893&W=I&q... 3nO/2009 Page 3 of 6 Appendix V.C.3b Q) 1ii U5 - o - <= Q) E 1:: I1l 0. Q) o I1l "0 .;:: o u. '" Q) o ~ ::> o '" Q) 0:: I1l o .;:: .9 .!!.! I - o <= o .U) 'S; o Q) .s::. - - 0", c;!::: .Q ~ -Q) ~o:: Q)"O '" <= Q) I1l ~ a.Ui oQ) .- ::> ~o .9Q) .!!.! 0:: I.c o~ ::> I1l I1l Q) Q)CI) ~ Q) ::>- mii: , Q) Ol:t:: c<iCl) . ~ UQ) :>cn I1l .~~ "O11l <="0 Q).- o.~ 0.0 <(LL: ,~n~ ~ _~_ ~~-.' .- Florida Master Site File Division of f llmicaI ~"* / R.A. Gray Bulldlng 500 south Bronaugh st., T.~. Florida 3~260 Phone (860) 245-M40 / F"" (8SO)2-i5-6439/ Email silttfllBlaldout11le.fI_us FAX Cover Page To: (Fax Number)6.1- ~-~.~ Date 2..i1dJ 21n9 Pages ~ (including this sheet) Please deliver these pages to: I M.a.r~?Jrlu Name: Organization: ~'Uu- ~ Sender Name: rni-LM ~~ Message: In case of II problem with llIlY portion of this transmission, please call (850) 245-6440 500 S, BroDODp S_ . T.IIa....... FL 32J!Il/-0350 . http:l........,Ob.riblle..CODl o ou.cton om.. 0 .........Josico1lla...... ., lualodc..............n 0'-_ (&:lD)245-6llOO' PA)(, _6 (ISO) ~. PAX24S0G4.52 (""'l~' P..x,_7 (&:lD)24.W400' PAJ(,~ - Page 4 of 6 Appendix V.C.3b I - o - e: 0) E t:: In a. 0) o In '0 .;:: o u:: !Ii 0) u ~ ::] o m 0) a:: ~ -;:: ,g m ~ '0 e: o 'w .:; o 0) :; '0 e:' .9 ijj -0) ~a:: 0)'0 me: O)tIl ~- eLm uO) .- ::] ~ 1:7 ,gO) .!!la:: J:.c 'Oe ::]In ",0) O)CI) ~.!!Z mu:: '0) al~ ..-jCl) . ~ (.)0) . Iii >", .~ :2 'Om ~:g 0..2 <(u. . .. . .. . ~. . r". .:.....''hI. r-:C l:d'............ ~rlinfo~_..~\'P.Q.:'!"I. o..lY;.:~'~.'.~~': .; pro..~'reVI_:' Thf. ~ 'o~~ 1d.".........~~IIi;ref?OAl.,...t, tHiI'Jorlila ~~,.. 81te File and. __ turr pro"..... .....JHt.~~ ~ tha tlM.lon of H~.. .& R.aou_ ~""'ct ill.. Complla..p. and ~ '~on of tho lMvIaIon' of Htalodelli" .!!! R_ourc.. at UG-248-8333 for. .......,... review 1IIfo......ll'on.. . .. en .... o - c Q) E -e m a. Q) o m "0 'C o LL: r .tU.o:;. 1"1''''''1'" '--' -'llJU,;;f 1i:..IO' .I. I March 23, 2009 jPIOrida Master Site'- File '8 Mark CJarlc Miller Legg 1800 N Douglas Rd., Ste, 200 Pcmb:oke Pines, FL 33024 Fax: 954-436-8664 In response to your inquiry of March 20. 2009. the Florida Master Site File lists one previously recorded archaeological site and no standing structures in the following parcels of Collier County: TS3S, R34E, Section. 9. 10, 11, 12, 13, 14. 15, and 16 When interpreting the results of our search, please consider the folJowing information: . This search area may contain unncortkd archaeological sites, historical stnJctures or other resources even if previously surveyed lor c:ultural resOUrces, . Because v...dallam IUId looting are common at Florida sites, we ask that you limit the dbtributfon 01 location Information on arch_logieal sites. . WhUe many of our records document historically sf&nJfieant resounes, the documentation of a resource at the Florida Master Site FOe does not n_arily mean the resource is historically slplftcant. . Federal, state and local laws require formal environmental review for most projects. This search DOES NOT constitute sucll a review, If your project falls under these laws, YOD should contact the CompUanee aud Review SectioD of the DIvision of Historical Resources at 850-245-6333. Please do not hesitalll to contact us if you have any questions regarding the results of this search. Sincerely, ~~~~ Erm MiclleDe BaUey Archaeological Data Analyst Florida Master Site File 500 South Bronaugh Street . Tallsh..see, FL 32399-0250 . www.tlheritalile.com!presorvationlsitefile 850-245-6440 ph I 850-245-6439 fax r SiteFlIe@doutate.tl.us Page 5 of 6 - Appendix V.C.3b '" 8 ~ ::> o '" Q) 0:: ttl o 'C o - .ra I .... o c o '(jj 'S; is CD .r:; - .... 0", c~ .Q ~ 'lijCD ;::0:: CD "0 "'c Q)m ~- 0...", oQ) .- ::> ....0' .BCD . ra 0:: I.r:; o~ ::> ttl ttl CD Q)en ....CD ::>- alii: 'CD co::: Men . .... ~.& >gj .~~ "Om C"O CD._ a..... 0..2 <(1.1.. ,-.,-,r.-.:.-,-,""""J "-''-'" J. I 1"",1:::.1..) , , , , ! , , . ill , ~ , .. 18 ,~ , , ! ~ , " 11' o e. ~ z ~ ~ Ii! ~ o 13 o u ~ w ~ .. ~ ~ ~ o ~ .. ~ M' ii! , , . , , , , , : ~ ~i z, w, :::: ~,Q Ij ,:1 , :l:l i~ ~ ~ .. u f 8 ~ ::l o ~ ~ w o ;~ =~ ..41 ~~ ~. ~. , .- u~ '" <H o '" QJ 01 <1l p., ~ :; ~ rl ~ ~ ~ W M ~ ,; . " o .;: o :1 ;;~ -M I!,;.; O~ ~.. - ~ ..0 ~o .~ ~, 3:;: -, OM . . .. . ;~ . U~ .. . .~ u - ~ 1l ~ o ~ rl ~ W M o :3 u TOTAL P.133 <1l - CIl $.0 '0 c> Q) x E'g 1:: Q) CIl a. a. a. ~<l: CIl 1:> 'C o u:: r/) <1l o ~ :> o r/) <1l 0:: Iii o 'C o - .!!l :I: - o c o 'en :;?; o <1l .s::: - '0 " .Q In - Q) ~o:: Q)1:> r/) C <1l CIl ~- Cl..r/) o<1l .- :> ~ 0 .8<1l .!!l0:: :I:.s::: O~ :> CIl CIl <1l Q)CIJ ~ Q) :>- COiL Q) CO~ coiCIJ '- U2 >Kl .?:::::E 1:>CIl C1:> Q).- a.~ a..2 <l::u.. -- APPENDIX V.D.1 AREA OF CRITICAL STATE CONCERN (ACSC) MAP - ,.-. T .. S Q 0 : . " . <' " . . . ~ 0 ~ . ji .' i' 0 0 J. . CI - ~ & ~ ~ & T 41 8 < . , :"', i 2~' ' :... ~ . ~J i~ B~ ~ i: :1'~ ~~ ~ q~ n I . ;. I '.,2 :: & :: & ~ a. N C & ::E L~! .... !~~; en.. i" ~ lI!;:)~ .;.l ... .. & NQ€ ~iH N Izg ~j.~ & ...CO ~m g...} N 'ii ~~.I "'0 ~~~! ,- cr: ;:) ~ 'i I- ~ < ~ ;:) N U- & S It.. 1 sa 1 oso" ~'O'^ XION3ddV T 48 S T 50 S T 53 5 T 49 S T 51 S T 52 / .~/ /:,.. 'l'''' ~. / / - ~ & ~ . . .- O. .. .. ~. ~1l 01- ili ~ ~ & -' <Z ~ua: :I:~W t::a:~ :;:UO <"-U wOu; 0:<'- <UJ~ ~V1 N ~ & & ;; >.#..- ..- // (""..' fund' , , , ~: I, )'i,:; ~,':'i'.~::~k '._,.d. .. . ',:-:::: ( $: .r4 ~" ,c' J" . f\. t..:. ,'. ", ~'" & - N & ~ N & :: & .'"f~''' " ' {: . ._:d~: -~_;.I " >.;{ "-."-""..!l.:":.''\5''~ . r(~",,!~.--!1P:""'--~ 'j o"lCO .,~,~~ .' f ve.. ~-----::;< .,,::' : Gv.,[f OJ 0: ~ ~ & S IIY L S &5 1 .., S 6t J. S IJl.i 1 S III 1 S ZIi 1 - APPENDIX V.D.5b DA T A AND ANALYSIS FOR THE PROPOSED USES - - County Petition No, CP-2009-1 Dade -Collier CYDress Recreation Area District ADDendix V,D,5b V. REQUIRED INFORMATION D GROWTH MANAGEMENT 5.b. Yes. The proposed land use district known as the Dade-Collier Cypress Recreation Area District will create an increase in intensity of the subject area which is approximately 1,608 acres. This area is currently owned by Miami-Dade County and is managed by the Aviation Department. The area proposed for amendment is part of a larger parcel of land (Parcel #: 01233520000) that is known as the Dade-Collier Training and Transition Airport or "TNT". - Miami-Dade County Park and Recreation Department ('the Department'), is currently developing, with State Department of Agriculture, Division of Forestry funding from the T. Mark Schmidt OHV Recreation Grant Program, a plan for off- highway vehicles (OHV) to use trolls on the property. This plan is part of a State initiative to address a deficiency in outdoor recreational areas suitable for safe OHV use. In particular, the State Is seeking a location proximate to Miami/South Florida where such use can take place without impacting dense urban areas. To this end, the Miami-Dade County Park and Recreation Department did a comprehensive feaSibility study in August of 2007 to determine the most appropriate and beneficial location considering all feasible sites within Miami- Dade County considering (14) fourteen criterion; see Appendix V.D.5b.l - Off- Highway Vehicle Trails Feasibility Study for a copy of this study. Of the (20+) twenty plus sites considered in the study, this site was considered 'the most viable long-term option'. Collier County has similarly investigated appropriate sites located on ConseNation Lands that can support the type of OHV use considered in this Application; see Appendix V.D.5b.2 - Collier County Park and Recreation Department Lefter. The type of Off-highway Vehicles (OHV) to be allowed in this Recreation Area will be pursuant to the Florida State Statute, Section 261.03(6) and 261.20, Definition, "Off-highway vehicle", and includes any ATV, two-rider All-terrain Vehicle (ATV), or Off-highway motorcycle (OHM) that Is used off the roads or highways of this state and that is not registered and licensed for highway use under Chapter 320; see Appendix V.D.5b.3 - F.S. 260.03, Definition of OHV. Florida State Statute 261.20 states' that: "Operations of off-highway vehicles on publiC lands; restrictions; safety courses; required equipment; prohibited acts; penalties. (2) Any person operating an off-highway vehicle as permitted in this section who has not attained 16 years of age must be supeNised by an adult while operating the off-highway vehicle. (4)(0) The department shall approve all off-highway vehicle public safety-education programs required by this chapter as a condition for operating on public lands." The Miami-Dade County Park and Recreation Department seeks to transition this subject area closer to its natural state. This includes reducing the current impact of unregulated off-highway vehicle use and eliminating sport hunting throughout Appendix V.D.5b 1 of 14 Revised 7.10.09 the subject area: see Appendix V.D.5b.4 - Existing Trails. The Department has the resources to regulate and improve the area by stabilizing certain existing trails system so that off-highway vehicles do not further destroy this area. Once this recreational area is fully managed, it can serve as a regional resource for the residents of South Florida and its visitors. The Benefits: The proposed Recreation Area Project will provide conservation and recreation area for residents of both Miami-Dade and Collier Counties, specifically, the benefits and intentions of this proposed project include: 1. Transition a portion of the TNT Jetport property back to an environmental state that enhances the existing and intact natural resources while still retaining an appropriate level of recreational use. 2. Secondarily, the transition of this property would serve as a buffer between existing uses of the runway to the north and the existing Tamiami Trail to the south. 3. Create a partnership between Miami-Dade County and Collier County Park and Recreation agencies to create additional park iand for respective growing urban popuiations and support recreational uses not always permissible within urban environments. 4. Introduce into the area a diversity of recreational uses, all suited to the type of natural environments found on the property without compromising biological systems that are presently in place. 5. Preserve intact natural areas that support and enhance the Big Cypress Area of Critical State Concern/Special Treatment area and its policies. 6. Identify opportunities for mitigation and restoration of select areas of the site previously impacted by runway development. 7. Introduce adaptive resource management to promote better consistency with natural cycles such that only certain areas of the property were completely open to use and time and location closures would insure the protection of sensitive areas. The Intent and Use: The planning approach involves creating an outdoor recreation area that balances the preservation of natural resources, such as the Intact cypress heads, tree islands, and wet prairies, with recreational destinations and amenities and connecting them through trails for hiking, mountain biking and riding OHVs (Off- Highway Vehicles). Due to the swampy characteristics of the site, trails are necessary to allow the public to pass near the natural attractions, such as, lakes, cypress heads, and tree islands. . Existing trails that adversely impact intact and sensitive natural areas will be removed and the area restored back to original conditions. . Existing trails located on previously disturbed filled pads, around lakes or aligned on existing swamp buggy trails that do not adversely impact natural areas, will in some cases be retained. Appendix V.D.5b 2 of 14 Revised 7.10.09 . Existing trails that now interrupt sheet flow will be modified and stabilized in a manner more consistent with the topography and sheet flow of the natural area. Trails will be buffered from sensitive natural areas to allow walkers, bikers, birdwatchers, mountain bikers, and OHV riders a view without degrading the natural resources. This will also Involve buffering trail use between OHV and non- OHV users by limiting the intersection in which the two trail types intersect and distancing OHV trails from non-OHV trails where possible. The proposed archery range will not be a fully cleared range A release to target type of archery combined with trailed will be employed which will have only selective clearing and minimal impact on the natural environs. These will be 'trued' during the final design to minimize impacts. Further details in the types of buffering will be determined in the parks management program established during the site planning process. - The proposed area Is 1,608 acres and will allow for designated trails throughout the subject area. A Visitor's Center building, approximately 2,200-2.400 square feet, is planned which will Include an administrative area (small office room), orientation/education area, restrooms, electrical and a small meeting room (with media capability for training/orientation purposes). The parking for the facility may Include a hard surface or paved with enough space for 80 cars and trucks with trailers: see Appendix V.D.5b.5- Conceptual Plan. Table I-A: The following table delineates the existing and proposed uses, and freauencv: Activity Existing Total Proposed Associated 'Yo of Site Annual Total Annual Acreage Visitation Visitation Primitive Camping 30 900 3-10 0.1 Recreational Vehicle 0 1,000 5-10 0.1 Camping Fish i ng 10 2,000 100-300 6.0-18.0 Hiking/Bicycling/Wildlife 300 6,000 30-45 2.0-3.0 Viewing Off-Highway Vehicle 150 3,000 5-15 0.1 (OHV) Archery 10 900 2-10 0.1 Other ConseNation Uses 0 500 1218-1463 79.0-92.0 Total 500 14,300 1608 100,0 Appendix V.D.5b 3 of 14 Revised 7.10.09 Note: 1. At present, the site is generally not open to the public, except for gladesmen who operate unpermitted legacy campsites within the property, OHV riders who trespass on the property and permitted Eco- Adventure tours operated by the Miami-Dade Park and Recreation Department. 2. Seasonal and location closures will limit the time and type of public visitations to the proposed Recreation Area. 3. The maximum annual uses for OHV visitation will be limited by the number of users and the frequency of their use via a permit system, not unlike what the National Park Service uses for the Big Cypress National Preserve. Table 1-B: The followina table delineates the existin and oroDosed trail svstem: Activity Approximate Approximate Description Existing Troll Proposed Length (miles) Trail Length (miles) Hiklng/Bicycling/ 27 10 Reduction in size and length of Wildlife Trials existing trails to establish lightly stabilized connections to destinations and key natural areas Off-Highway 22 15 Reduction in size and length of Vehicle Trails existing trails to establish stabilized routs that avoid sensitive areas Surrounding land use is all designated as Conservation and is entirely consistent with proposed use of the subject site. Except for Aviation and Native American tribal uses, many of the proposed uses already take place on adjacent lands. J- Campina. Legacy camping from hunters and "Gladesmen" occurs throughout the area. It takes the form of primitive camp areas and formal developed mobile homes campsites. All date back to the 1950's, prior to land use regulations and permitting. There are similar camp areas throughout the area, on both the National Park Service (NPS), and Tribal areas. No adverse impacts on surrounding lands are expected by an increase of camping activities. J- Fishina. There are five lakes on the subject site and even more in the surrounding NPS, South Florida Water Management District (SFWMD), Tribal and private areas. All were created as borrow pits during the construction of the Jetport. At present, the lakes on the subject site are minimally managed and used. No adverse impacts on surrounding lands are expected by an increase of fishing activities. J- Hikina, bicyclina and wildlife viewina. Hiking, bicycling and wildlife viewing within the subject site and on adjacent land is very minimal. It is largely confined to occasional Eco-Adventure tours sponsored by the Miami-Dade Park and Recreation Department and involving local Appendix VD.5b 4 of 14 Revised 7.10.09 residents only. No adverse impacts on surrounding lands are expected by an increase of hiking, bicycling or wildlife viewing activities. :r OHV. OHV use is currently authorized on adjacent NPS and Miami- Dade County lands. At present, Big Cypress National Preserve authorizes approximately 2,000 OHV permits to access and use NPS property. No counts of annual visitation are provided by staff, but prior year projections Indicate that total annual user occasions exceed 20,000 during times the Preserve is open, on the over 400 miles of designated roads and trails plus accessible waterways (2009 Big Cypress National Preserve, Off-Road Vehicle Management Plan, Supplemental Environmental Impact Statement). Additionally, the County permits an unregulated number of OHV to access the property year round for hunting and legacy camp purposes, with the majority occurring off the subject site. No quantitative number of vehicles is known since there is no requirement for permitting or inspection. Proposed use of the subject site will limit OHV use to ATV and motocross vehicles, thereby reducing the length of trails, areas of impact and types of vehicles that now access the property. Although there is an expected increase in the numbers of vehicles to the subject site, an adaptive Management Program and the stabilization of trails will reduce overall adverse impacts and serve to improve the overall resource values of the property. It is further expected that the numbers of Miami-Dade and Collier County accidents, deaths, wildfires and resource damage caused by unrestricted use in these areas will also be reduced. Moreover, since the Management Program will be developed in coordination with Big Cypress National Preserve, it may serve to reduce some of the present use on their lands since this property under consideration shares an entry access road with the adjacent Park use. No adverse impacts on surrounding lands are expected by an increase of OHV activities. :r Archery. Archery in the form of permitted hunting already takes place on this and surrounding lands. No adverse impacts on surrounding lands are expected by an increase of archery range activities. :r Other Conservation Uses. Other conservation uses in the form of photography, scientific studies and game population management by the Florida Fish and Wildlife Conservation Commission (FWC), already take place on this site and surrounding areas. No adverse impacts on surrounding lands are expected by an increase of other conservation uses. The subject site will operate on a seasonal basis, effectively closing or limiting operation during peak wet season and during the peak dry season. This will take place to eliminate access to sensitive areas, limit adverse impacts to fragile soils or limit the advent of wildfires. The anticipated annual visitation for each activity is note in Table lA above. The peak usage seasonally is noted in Table Ie below: Appendix V.D.5b 5 of 14 Revised 7.10,09 Table IC - Dade-Collier Cvoress Recreation Area - Proiected Fre uency of Use IAN PEB MAR APR MAY JUN JUL AVa SPT OCT NaY DEC Projected Peak X X X X X X Attendance Season Projected Low X X X X Attendance Season Projected Lowest X X Attendance Season (Largely Closed) Peak Season 25 25 25 25 25 25 Weekdays - % of Monthlv Total Peak Season 75 75 75 75 75 75 Weekends - % of Monthlv Total Low Season 50 50 50 NA NA 50 Weekdays - % of Monthlv Total Low Season 50 50 50 NA NA 50 Weekends - % of Monthlv Total % ofTotal 75 75 75 50 50 50 NA NA 50 75 75 75 Monthly Trips by Time of Dav - AM % of Total 25 25 25 50 50 50 NA NA 50 25 25 25 Monthly Trips by Time of Dav - PM The Miami-Dade County Park and Recreation Department is committed to reducing any adverse impacts caused by trail riders who may stray from the stabilized trail. This effort will be addressed in the management plan during the site planning process. Every effort will be made to appropriately locate trails such that resources are protected and visitor's experiences are not diminished. Where trails are close or intersect, OHV riders will be required to maintain slow speeds that will reduce noise and collisions. For much of the site, however, an appropriate separation will be used to establish the trail system using best management practices available from publications. The Department will be guided by national best management practices as established in "Management Guidelines for OHV Recreation" and "Park Guidelines for OHVs" both from the National Off-Highway Vehicle Conservation Council (NOHVCC)". Appendix VD.5b 6 of 14 Revised 7.10.09 Currently, the proposed improvements and associated Impacts are illustrated on -> a conceptual diagram that is Intended for illustrative purposes only and does not represent a final site plan. A comprehensive analysis during site plan development will also consider criteria associated with the intended experience of the visitor to provide recreational OHV users with access and to avoid or minimize visual impacts, safety hazards, and conflicts with other types of visitors to the recreation area. A site specific analysis utilizing geographic information system technologies and ground-truthing will be used to refine the environmentally suitable locations for on site improvements and appropriate routing for trails based upon existing trails and direct development to areas of suitable substrate and maximize use of existing disturbed areas. Subsequent to the Growth Management Plan Amendment, (GMPA), and prior to any development of the site, the Miami-Dade County Park and Recreation Department will complete an environmental analysis as part of an area management plan along with a detailed parks plan. These plans will offer the opportunity for both Miami-Dade and Collier Counties to partner with State and Federal agencies to create and implement a comprehensive management plan that will be a benefit for the natural environs, users and the public. The proposed Resource Management Plan will include: 1. Enhance and improve intact natural resources by providing site planning and resource management that governs use in manner that protects water, soil. vegetation and wildlife resources> 2. Manage and balance recreational uses to eliminate trespassing on the property, unregulated access and camping, eliminate hunting within the site and establish appropriate locations and carrying capacities for all uses> 3. Create a visitor experience that allows exploration and understanding of the scenic and recreational value of the site without compromising resource or public safety. 4. The County will work to prepare a Management Plan that establishes policies and practices that are complimentary and supportive of the Big Cypress National Park (BCNP) Management Plan and the Off-Road Vehicle (ORV) Management Plan. 5. Institute management practices that Improve certain areas (lakes) to improve their biological diversity and improve the trail system by closing, relocating and stabilizing certain trails to reduce the number of trails, avoid sensitive areas and reduce access points. Supporting Documents, pursuant to 9J-ll.006 Submittal Requirements for Proposed Local Government Comprehensive Plan Amendments, FAC.: See Appendices V.B.I - Existing - Future Land Use Map (FLUM), IV.D.I Future Land Use Map (FLUM), V.D.5b.4 - Existing Trails, VAl - Location Map. SUDoortina Data and Analysis; Pursuant to 9J-11.007 Data and Analysis Requirements for proposed Local Government Comprehensive Plan Amendments: The proposed future land use Appendix VD.5b 7 of 14 Revised 7.10.09 designation is based on the increasing demand from the citizens of Miami-Dade and Collier Counties for additional recreational uses. The Miami-Dade County Park and Recreation Department has received multiple requests from citizens and local community organizations for outdoor recreational uses that Includes fishing, archery, bird watching, mountain biking, hiking, camping and off- highway vehicle use. This is an excellent opportunity for Miami-Dade County to provide its citizens with these types of uses that the State has already demonstrated and reported to be deficient within the region; see Appendix V.D,5b,6 - SCORP, The State Comprehensive Outdoor Recreation Plan (SCORP), as provided by the Department of Environmental Protection, Division of Recreation and Parks, clearly shows a lack of motorized trails In the South Florida region. The subject area for the proposed amendment is within Collier County; however, it is adjacent to the Miami-Dade County boundaries and offers an opportunity to serve the residents of both jurisdictions due to its strategic location. There are approximately 54,000 OHV's registered within 100 miles of the subject area. The fOllowing webslte, t,tto//wwwfloridaohv.ora/ohv locationshtml. provides the location for OHV activity sites. According to this site, the Big Cypress National Preserve is the only public site in the South Florida area that provides an opportunity for OHV's. Due to the continuing demand from citizens in and around the area, an additional area for OHV's other than the Big Cypress Preserve is necessary. This demand is demonstrated as such through emails and phone calls as provided in Appendix V.D.5b,] - Public Inquiries, It should also be noted that both Lee and Hendry Counties were awarded the T. Mark Schmidt OHV Grant Program funding, yet were unable to complete the siting process. This also indicates that adjacent counties have been looking to fulfill the additional demand for this type of activity; Appendix V.D.5b,8 - Lee County Agenda Request Form. The Need: Over the years, the Miami-Dade County Park and Recreation Department has received numerous inquiries (approximately three to five phone calls a month) from citizens and organizations requesting a place for such uses described in the proposed amendment. In addition, there have been frequent OHV rallies, e- mails, and other forms of public demand for OHV areas which are received by Miami-Dade County. Documentation supporting this need is included in Appendix V.D,5b.7 - Public Inquiries. Several OHV groups exist in Miami. and have large groups of riders to support this need. This has resulted in the Miaml- Dade County Park and Recreation Department pursuing suitable and cost effective County owned sites for these uses. In further support for the increasing demand; see Appendix V.D.5b,9 - OHV Titled in Miami-Dade County for a map representing the location of OHV Titled for 2002 - 2006 and Appendix V,D,5b, 1 0 - OHV Titled in Collier County for those In COllier County. Miami-Dade County has a total of 12,842 titled OHV's from 2002 to 2006 and has the second highest number of titles in Florida. Collier County has 5,560 titled OHV's. Of the surrounding counties, Broward County has 12,543 titled OHV's from 2002-2008 which is the third highest in the State. Palm Beach has 11,464 titled OHV's which is the fourth highest in the State, and Lee County has Appendix VD,5b 8 of 14 Revised 7.10.09 - 9,100 titled OHV's; see Appendix V,D.5b.11 - Florida OHV County Title Activity, 6/30/02 to 12/31/08, The Appendix depicting OHV's titled for 2002 - 2006 Map, provides a graphic representation of the numerous OHV owners and potential park users In Miami-Dade County, as well as the number of title transactions in the adjacent counties, further demonstrating the need for the proposed request. To date, the subject area for the proposed amendment is the most cost feasible location to provide Its citizens a recreational area for this type of use. This project will bring a level of resource management and enforce and protect visitor and facility security. Support from the public, including a list of active OHV organizations that create a demand for the proposed comprehensive plan amendment is noted below and documentation of these organizations and others can be found in Appendix V.D.5b.12 - OHV Organizations and Clubs. o AtvMiamiExtreme.com Enthusiast Group (Cary Hernandez, Javier Ortega, Leo Lopez) o ATVFlorlda.com Enthusiast Group (Jose Camps - Miami, Dennis Bolanos - Naples) o ATV Safety Instructor (certified through the ATV Safety Institute) - Brooke Lynch o M.E. Thompson Park Motocross Area, Steve Griff - Vendor, Manager o Family Riders Motorcycle Club of Perrine (Shakum) o Florida Trail Riders (Gustavo Medina - Miami group) o Thehumponline.com Enthusiast Group (Brooke Lynch, Marc Lane, Amy Collins, Robert Cote) o Southeast Trail Riders AdditionallY, the Miami-Dade County Park and Recreation Department Off- Highway Vehicle Trails Feasibility Study (Appendix V.D.5b.l) addresses a feasible location as well as also establishing 'The Need'. While this study emphasizes the need in Miami-Dade County, it is Important to note that the subject site, while in Collier County, borders Miami-Dade and 'The Need' for the residents of Collier County is attested to by the number of reported titled vehicies, (Appendix V.D.5b.l0), Further, the proposed park and use for the residents of each respective county has also been supported by the recently signed resolutions by both the Miami-Dade and Collier County Commissions, Appendix V,D,5b.13 - Miami-Dade Resolution and Appendix V,D.5b,14- Collier County Resolution. SUDDOrt: In addition to the Joint Resolutions (Appendix V,D.5b,13 and V,D,5b.14) in support of the need and partnership between both Counties, there is widespread support for the proposed amendment beyond the user interest groups. as typified in the letters of support received from a variety of people and organizations including: The Everglades Coordinating Council; Miami-Dade County's Aviation Department (MDAD); Commissioner Jose Diaz, Vice Chairman of the Miami-Dade Board of County Commissioners. the Collier County Manager; and the National Off-Highway Vehicle Conservation Council; see Appendix Appendix VD.5b 9 of 14 Revised 7.10.09 V,D,5b.15. Letters of Support, as well as Appendix V.D.5b.2 - Collier County Park and Recreation Department Letter. In addition, Miami-Dade County is within the State Department of Highway Safety and Motor Vehicles (DHSMV) Region 4 geographical area, which was identified by the State OHV Advisory Committee as the highest need area for OHV trails and safety training areas. Consistency and Comoatibilitv with the Comorehensive Plan: As part of the supporting data and analysis, the applicant is submitting the below Objectives and policies from the Collier County Comprehensive Plan. These objectives and policies support the proposed DADE-COLLIER CYPRESS RECREATION AREA DISTRICT and indicate a consistency with the proposed amendment. Future Land Use Element: ConseNafion Designation - The overall purpose of the Conservation Designation is to conserve and maintain the natural resources of Collier County and their associated environmental. and recreation and economic benefits. All native habitats possess ecoiogical and phvsical characteristics that justity attempts to maintain these important natural resources. Barrier islands, coastal bavs, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. It is because of this that all proposals for development in the Conservation Designation must be subject to rigorous review to ensure that the impacts of the development do not destrov or unacceptablv degrade the inherent functional values. The Conservation Designation is intended to protect certain vital natural resource areas of the County, which are primariiv owned bV the public, although private in-holdings and privatelv owned conservation areas do exist. This Designation includes such areas as Everglades National Park, Big Cvpress National Preserve, Florida Panther National Wiidlife Refuge, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookerv Bav National Estuarine Research Reserve, Delnor-Wiggins Pass State Recreation Area, and the National Audubon Society's Corkscrew Swamp Sanctuarv (privatelv owned). The boundaries of the Conservation Designation mav periodicallv change as properties are acquired bV publiC entities or private land management or conservation groups. Anticipated impacts on surrounding land uses are anticipated to be minimal. This project emphasizes protection of natural resources in a manner that would leave the resources unimpaired for future users, while allowing public access for resource-reiated recreational opportunities. Habitat will largely remain in its current state with minimal impacts. Habitat degradation typically associated with urbanization, residential development, road construction, and conversion to agriculture are not proposed with this project. It is the intent of the applicant to fully cooperate with the local, State, and Federal agencies with jurisdiction over Appendix VD.5b 10 of 14 Revised 7.10.09 the proposed activities to improve the public facilities In a manner that - complements and further enhances the natural resources of the site. Policy 3.1 (b): The (Land Development Code) (LDC) contains provIsions that protect environmentallv sensitive iands and provide for the retention of open space. This has been accomplished; through the implementation of various zoning districts and zoning overlavs that restrict higher intensity land uses in the Rural Fringe Mixed Use District and, which require specific land development standards for the remaining allowable land uses; through the adoption of permanent Natural Resource Protection Area (NRPA) Overlavs; integration of State of Florida Big Cypress Area of Critical State Concern regulations into the LDC, and, in part through implementation of the Rurai Lands Stewardship Overlay. This has also been accomplished through the implementation of regulations such as minimum open space requirements, native vegetation preservation requirements, and/or through the creation of incentives that encourage the use of creative iand use planning techniques and innovative approaches to development in the County's Agricultural/Rural Designated Area. As stated in the above analysis of this Appendix, the proposed recreation area will conform to Polley 3.1(b) by maintaining and enhancing the conservation lands within the Big Cypress Area of Critical State Concern. No more than 10% of disturbance to the total site area is anticipated. In addition, capital funds that are acquired through the recreational use of this property may be utilized to further enhance other previously disturbed areas of the site which are planned to be utilized as passive recreation areas. By appropriately managing this recreational use and Improving previously disturbed areas to a more natural state will allow the property to maintain compatibility with the Conservation Future Land Use designation. The final location of uses will be 'trued' in the field and a management plan will be drafted during the rezoning and/or site plan approval process to ensure this compatibility. Recreation and Open Space Element: Policy 1,4,2: Collier County shall continue to coordinate the provision of recreational facilities and activities with other governmental jurisdictions that own or operate such facilities and activities within. or adjacent to, Collier County. Sold governmentai entitles shall Inciude, but not necessarllv be limited to: - U.S. Department of Commerce, the National Oceanic and Atmospheric Administration U.S. Department of the Interior, the National Park Service The Florida Department of Environmental Protection, Division of Recreation and Parks Fiorlda Department of Agriculture and Consumer Services, Division of Forestry Lee County, Florida Hendrv County, Fiorida Broward County, Fiorida Appendix VD.5b 11 of 14 Revised 7.10.09 Miami-Dade County, Florida Monroe County, Florida The South Florida Water Management District, Big Cypress Basin Board The Collier County School Board The City of Naples, Florida The City of Marco Island, Florida Everglades City, Florida The City of Bonita Springs, Florida Policy 1.4.2 supports the partnership between Collier and Miami-Dade Counties. Due to the location of the subject site, the proposed recreational facility has the opportunity to be utilized by residents of both jurisdictions, as well as those in neighboring Broward County. Further reinforcement of this policy as it pertains to the proposed amendment is indicated through the Resolution directing the Miami-Dade County Mayor to negotiate an Interlocal Agreement with Collier County for the joint development and operation of the subject site, Appendix V.D.5b.13, and likewise, by the Resolution recently passed by Collier County, Appendix V,D,5b.14. Recreation and Open Space Element Level-ot-Service: Policy 1.1.1: Collier County hereby adopts the following ievel of service standards for facilities and land owned by the County or available to the general public: Level of Service Standard: A. 1.2882 acres of community park land/I, 000 population (unincorporated) B. 2.9412 acres of regional park land/ r, 000 population Policy 1.1.1 establishes the level-of-service standard for Collier County's Recreation and Open Space. The proposed amendment to the Future Land Use Element will further enhance the recreational level-of-service standard to provide an additional 1608 acres of recreational land for Coilier County's citizens. Recreation and Open Space Element Level.ot-Service: Policy 1.1.6: The County shall continue to establish and implement a program with appropriate criteria to designate or acquire open space areas and natural reservations. Policy 1.1.6 establishes a program to acquire open space and natural reservations. The proposed amendment to the Future Land Use Element will further increase the land area within Collier County designated as these types of areas for Collier County's citizens. Appendix VD.5b 12 of 14 Revised 7.10.09 Economic Element: ,- OBJECTIVE 1 (The Conservation and Enhancement of Natural, Cultural and Social Resources): Collier County will encourage the conservation and enhancement of those naturaL cultural. and social resources that represent the foundation of the County's existing retirement. recreation. and tourist-oriented economy. in order to place the County in a competitive position to enable the retention and expansion of these and other business opportunities. POlicy 1.1: Collier County will encourage the development of diverse cultural facilities through public. private. or public/private partnerships that meet the needs of the residents and visitors of the County. Objective 1 and Policy 1.1 promote the proposed use of a recreational facility and tourist-oriented economy (RV parking and natural recreation area) as well as the development of diverse cultural facilities. The OHV activity is a cultural activity that has wide popularity in South Florida as indicated by the number of potential registered OHV titles. Additionally. the proposed development will comply with the demands of the riderShip in the areas as established in Appendix V.D.5b.9 and Appendix V.D.5b.l0. A parks management system will have the capability to secure passive recreational areas by utilizing fees generated by OHV permits. OBJECTIVE 4 (Nonprofit and Civic Organizations and Local Groups/Programs): Collier County will support the economic development goals. efforts and community involvement of nonprofit organizations. civic associations and local groups and programs. The proposed amendment promotes Objective 4 by providing a recreational use facility for the OHV organizations: see Appendix V.D.5b.12 for a listing of these organizations and clubs. Conservation and Coastal Management Element; GOAL 1: The County shall continue to plan for the protection, conservation, management and appropriate use of its natural resources. OBJECTIVE 1.1: Collier County will continue to develop and implement a comprehensive environmental management and conservation program. which will ensure that the natural resources. including State and Federally listed animal species. of Collier County are properly. appropriately. and effectively identified. managed. and protected. The proposed amendment will conform to, and further enhance the Conservation and Coastai Management Element's Goal and Objective by maintaining the sites conservational use in an effort to promote an outdoor recreation area for Collier County and South Florida residents. The site is currently disturbed by unmanaged and unrestricted use of the property due to OHV's. Appendix V.D.5b 13 of 14 Revised 7.10.09 This is evident from the Existing Trails Map of the site provided in Appendix V.D.5b.4 - Existing Trails which Indicates disturbed trail areas throughout the site. Should the Miami-Dade County Park and Recreation Department be permitted to establish a parks and area management plan system for this site, it will be possible to protect further resources from being disturbed after improvements to the site have been made. A parks management system will have the capability to secure passive recreational areas by utilizing fees generated by OHV permits. Additionally, the disturbed trail area, already existing, is approximately 22 miles while the proposed OHV trail area will be approximately 12 miles. This is a reduction to the current disturbance and will bring those areas back into the fold of conservation management. The proposed OHV trail area and uses will be significantly reduced, including a sizable reduction in the number of existing trails; see Table I-A above for existing and proposed use data and Table 1-8 for the trails data. The primary goal of the Collier County Conservation and Coastal Management Element (CCME) Is to ensure that the natural resources, including State and Federally listed animal species, are properly, appropriately, and effectively identified, managed, and protected. In addition, the CCME protects native vegetative communities and discourages the destruction of undisturbed, native habitats that are preferred by the Florida panther or other listed species by directing intensive land uses to currently disturbed areas and directing incompatible land uses away from listed animal species and their habitats. This project emphasizes protection of natural resources in a manner that would leave the resources unimpaired for future users, while allowing regulated public access for resource-related recreational opportunities. Habitat will largely remain in its current state with minimal impacts. The focus is to establish activities in existing disturbed areas and utilize existing trails where appropriate. Habitat degradation typically associated with urbanization, residential development, road construction, conversion to agriculture, mining and mineral exploration is not proposed with this project. It is the intent of the applicant to fully cooperate with the local. State, and Federal agencies with jurisdiction over the proposed activities to improve the public facilities in a manner that compiements the natural resources of the site. The U.S. Fish and Wildlife Service Florida Panther Recovery Plan and the South Florida Multi-Species Recovery Plan both recommend similar actions that must take place for successful management and recovery of listed species. This project furthers those actions by maintaining listed species habitat in south Fiorida (development will be concentrated on existing Impacted areas and trails and uses with an overall footprint of new impacts which is anticipated to be a small percentage, less then 10 percent of the site). In addition, publiC awareness and education regarding onsite listed species conservation and recovery will be furthered through site specific learning opportunities via educational signage along the trails and a visitor's center. Appendix V.D.5b 14 of 14 Revised 7.10.09 ~ APPENDIX V.D.5b.l OFF -HIGHW A Y VEHICLE TRAILS FEASIBILITY STUDY .-- .-- ~ .., .. . -- ...~ ~ - -. .. -- o ...... . . ~ 4' .; t .,. " .!\....::~ ~~ -',' ' .~: ~~r . ""' .....".. ,..... ',.,1' ...'" .' '" .." ~ ,'~ ,... 'r . ~ \ ,. f '" {I;. " ~i .., v,'" ~ ;,. ,.,~'",.., "-,, ,:t:~ , 1" , f, , ,~ -c. ", ""';':":';~~:', ' _i}t;y~ ____ ,;;.: . ~ ' o5" ~~ ~~:-:~"A-i. ., ., , , , . ~~/. , ...- . ."', - "".. " .. :t - &tII1.~,':" j Honorable Carlos Alvarez, Mayor BOARD OF COUNTY COMMISSIONERS Bruno A. Barriero, Chairman Barbara J. Jordan, Vice-Chairwoman District 5 Districl1 Jose "Pepe" Diaz Carlos A. Gimenez Joe A. Martinez Dorrin D. Rolle Katy Sorenson Sen. Javier D. Souto District 12 District 7 District 11 District 2 District 8 District 10 Audrey M. Edmonson Sally A. Heyman Dennis C. Moss Natacha Seijas Rebecca Sose George M. Burgess, County Manager Alex Munoz, Assistant County Manager PARK AND RECREATION DEPARTMENT Jack Kardys W. Howard Gregg George Parrado Barbara Falsey, Ph.D. Maria Nardi Mark Heinicke, CPRP, CLARB Eric Hansen Kevin Asher Anthony Fouche Andy McCall CONSULTANT TEAM Interim Director Assistant Director, Planning and Development Assistant Director, Recreation Chief of Planning and Research Section Supervisor, Park Systems Planning Park Planner III Strategic Recreation Planner Supervisor, Special Projects Grants Administrator Park Planner II/Project Manager Wallace, Roberts, and Todd, Inc. -'ational Off-Highway Vehicle Conservation Council, Inc. Jcoll Lamb and Associates, Inc. District 3 District 4 District 9 District 13 District 6 )f~IDr\ OEP!\RT\/IEf>JT OF /\c;f<IC\JLTiJRE t,rJD C:.()NSUMFR SERViCE I "i'(:; :; !',-(..)' ; {\ n";;:-:::' 1 t"'J\/ Ef'}1 flUSlf::..ST'; ATV Xtreme ATV Florida Rorida Trail Riders The Hump Online All South Florida OHV riders 'Ii J\L)~::f~Stil:' Representative Julio Robaina, SIafe Representative Representative Juan C. Zapata. State Representative lion. Carlos Alvarez, Mayor Hon. Katy Soren!"ln, County Commissioner, District 8 Hon. Dennis C. Moss, County Commissioner, District 9 Hon..JoeA Martinez, County Comnlissioner, District 11 Hon. Jose 'Pepa' Diaz, County Commissioner, District 12 ~) -';-l....l r\;",j{') :1; ':; South Florida Water Management District Everglades National Park Biscayne National Park U.S. Army Corps of EngiMers Agricullural Practices Study Advisory Board Florida Fish and Wildlife Conservation Commission U.S. Fish and Wildlife Service lvill;":",i -~)i:,Dr_:: .~_~()t)r"l ':' IJi~f)!~Pl:.-':[:i~i Miami-Dade County Park and Recreation Department Miami-Dade County Aviation Department Miami-Dade County Department of Solid Waste Management Miami-Dade County Department of Environmental Resources Management Miami-Dade County Agricultural Extension Miami-Dade County Police (AgricuUural Patrol) Department Miami-Dade County Department of Planning & Zoning ur,!:';'jLT/\\ j EJ'.r. Wallace Roberts & Todd, LLC National Off Highway Vehicle Conservation Council. Inc. Scott Lamb and Associates. Inc, - This Off-Highway Vehicle Trails Feasibility Study report has been reviewed and accepted as presented. Jack Kardys Interim Director Park and Recreation Department Barbara Falsey Ph.D. Chief Planning and Research W. Howard Gragg - Assistant Director Planning and Development Maria Nardi Section Supervisor Park Systems Planning George Parrado Assistant Director Recreation Andy McCall Park Planner II Project Manager .- LI;' I ur r I~U I~IC;' 22 FIGURE 1: 57 FIGURE 13: 78 FIGURE 26: TITLES ISSUED FOR OHVs IN FLORIDA, TNT A,RPORT 58TH STREET LANDFILL By TYPE, 2003 THROUGH 2007 FIGURE 14: 59 EAST OF SPEEDWAY LANDS 81 FIGURE 27: 23 FIGURE 2: SOUTH DADE LANDFILL OFF-HIGHWAY VEHICLES TITLED, BY COUNTY, FROM JULY 2002 TO APRIL 61 FIGURE 15: FRS HOLDINGS 82 FIGURE 28: 2005 SOUTH HOMESTEAD LANDS 23 FIGURE 3: FIGURE 16: FLORIDA COUNTIES WITH MOST OHV TITLES 61 As OF JUNE 30, 2007 DERM MITIGATION TAR- 83 FIGURE 29: GETS NEAR FRS HOLO- SURFSIDE LANDFILL 25 FIGURE 4: INGS OFF.H,GHWAY VEHICLES TITLED IN M,AM,- 63 FIGURE 17: 84 FIGURE 30: DADE COUNTY AS OF SPRING 2007 AND COUNTYLlNE MOTOCROSS SW 100TH ST AND KROME AVE SITES RECOMMENDED FOR FURTHER ANALYSIS PARK FIGURE 5: FIGURE 18: 85 FIGURE 31: 26 65 VACANT LANDS NEAR OHV TRAILS IN UNAUTHORIZED OPA-LOCKA WEST AIRPORT DOLPHIN STADIUM AREAS IN MIAMI-DADE COUNTY 69 FIGURE 19: 31 FIGURE 6: LESS FEASIBLE AND 87 FIGURE 32: EXISTING OHV FACILITIES IN FLORIDA UNFEASIBLE SITES SW 232ND ST AND SW 217TH AVE 39 FIGURE 7: FIGURE 20: 89 FIGURE 33: SITES INVESTIGATED AS POTENTIAL 71 AmoJET GENERAL SW 360TH ST AND SW 217TH,I\' OHV FACILITIES FIGURE 8: FIGURE 21: 90 FIGURE 34: 40 72 SW 8TH ST AND KROME AVE EXCERPT OF GIS ANALYSIS BEACON COUNTYLlNE, LLC FIGURE 22: 91 FIGURE 35: 43 FIGURE 9: 73 LAND SURROUNDING AIR DATA TABLE TEMPLATE FROG POND RESERVE BASE 49 FIGURE 10: 74 FIGURE 23: 93 FIGURE 36: SELECT ACQUISITION PROJECTS FOR HOMESTEAD GENERAL LAND SOUTH OF EVERGLADES THE MDC ENVIRONMENTALLY A,RPORT CORRECTIONAL INSTITUTION ENDANGERED LANDS PROGRAM DECEMBER 4,2001 74 FIGURE 24: FIGURE 37: INDUSTRIAL LANDS NEAR 95 ROCKY GLADES 50 FIGURE 11: LAKE BELT SIGNAGE AT OCALA NATIONAL FOREST GUIDES OHV RIDERS TO ApPROPRIATE 77 FIGURE 25: AREA INGRAHAM Hwv AND SW 217TH AVE 55 FIGURE 12: RECOMMENDED SITES . TABLE OF CONTENTS .ext!cutiveSummary . J 5 I. Introduction 19 Background . Z 1 II. Process Z 9 Assemble Background Infonnation Z 9 . Inventory of Existing Facilities Meet with stakeholder agencies and enttl.-siasts 32 Identify site selection criteria 34 . Selection Criteria Considerations . Identify potential Off-Highway Vehicle 5~ 38 . Geographic: .Infonnation Systems MeIhOcl9logy& Results . StisJge$tioqSfrom Enthusiasts · G~I:t~rif1h)~C)n'on sites " ,,-.:,z:::>:,.!,-;: 42:. p'-.. " seekvfeed*k 'frdm $takeholders andejalbUsiaslS4.,.~;.. "",-", .. .. '. '-':' ,'" .' .1~C:QfpOratefe~d~c~ Clod update infOrma.tfqll '.. .$ f sidHJut reCOnimer.~CltiC)ns51'" "1~0\~~t~ndLoa19 Term Recommendatio!1~55 ,-< ~:' .~, "..; , . .1V.;~~jtSis efQtherSites " .. ':f.~1~:,:).fr~"~1< ,'.. ~"" "'-:,,' 69 ....1......,.,'., v. C~~lusions . ..... A'''endices . P~.;,;~~. . . :.pmject Team :'. -'.:' "",," , ,.- ',- .. --"':, ' .. "", , "", .. .." ',' · . ~ring of Potenti~1 Si~ Based on Ranking Matrix ';~J:~siasts survey'#:n~e.sults . " . · . PIloto Inventory · Flyer from ATV Enthusiast Rally · Sources ~'. 99 . . '" .~ 1ifJr. .~.. .... ...."...~ -..-. .-. .'" ,;.~-:.~'.-~. .~.- ;: . . ..... .. - - '1e popularity of off-highway motorized recreation activities has surged in South Florida over the past decade. According to the Department of Highway Safety and Motor Vehicles (DHSMV), over 25,000 off-highway vehicles (OHV) have been regis- tered in Miami-Dade, Broward, and Monroe Counties since October 2002. At the same time, locations for lawful OHV riding have not been available to meet the increasing demand in the region. This has prompted the Florida Division of Forestry (DOF) to target South Florida as a crilical area for development of new OHV recreation facilities. Miami-Dade County also recognized a need to provide safe, convenient facilities to address conflicts resulting from unregu- latad OHV riding. In April 2006, the Miami-Dade County Park and Recreation Department (MDCPRD) applied for and was awarded a grant by the OOF to conduct this Off-Highway Vehicles Trail Feasibility Study. The study is founded on four premises: #1) OHV riding is a Iagitimate, family-oriented recreational activity that anjoys increasing popularity among South Florida residents; #2) facilities for Iagal OHV riding do not currently exist within Miami- Dade County; #3) the mission of the MDCPRD is to provide for the recreational needs of County residents and visitors; and #4) the needs of OHV anthusiasts for such facilities should be balanced wilh the nead to protect natural resources and to use County lands in a responsible manner. The goal of the OHV Trail Feasibility Study is to idantify one or more sites within Miami-Dade County that could be trans- fonned into an OHV recreational facility. The scope of the study encompasses a County-wide site search and site analysis .- identify sites that are both suiteble for use as OHV recreation areas, and available for sale, lease, or use agreement. The ...)CPRD will use the conclusions and recommendations in this report to determine an appropriate course of action, leading to the acquisition, design, and construction of one or more OHV trail facilities wilhin the County. This study consisted of a series of steps, including GIS-based analysis in the initial sieges to identify a range of potential sites, and extensive interaction with OHV enthusiasts and governmental agencies throughout the process. In all, eight meat- ings were held with stakeholder groups, both separately and joinUy, to solicit input and to review and corroborate informa- tion. Further, the criteria for the detennination of site feasibility were established based on input received from these groups, as well as on the expertise of the County's consultant team for this project. - 15 Based on the findings and outcomes of this process, this study recommends additional investigation of five sites:-- Land surrounding the Dade-Collier County Training and Transition Airport (or TNT Airport) stands out as !he most viable long-term op~ion. While it is not immediately available, this location has the best <>.v~rall ~lIection of desired ,site chill"~eristics: large acreage under single public ownership; ready road access; potentially available for lease or agreement; already vegetated; and distant from residential neighborhoods. TNT Airport will require extensive permitting and coordination with several agencies, including the U.S. Fish and Wildlife Service and the Miami-Dade County Aviation Department. 7": Two other sites offer potential opportunities for permanent OHV facilities. These sites are identified in this report as the Lands East of the Homestead Speedway and the Florida Rock and Sand (FRS) Holdings, both located in south Miami-Dade County. Because of these sites' recent inclusion in the study, their recommendations are contingent upon additional due diligence, including contacting the owner and determining willingness to sell. They have many of the same desirable characteristics as the preceding site-they are large relative to other sites available in Miami- Dade County, appealing to users, distant from incompatible uses, etC.-and have fewer environmental constraints. They are less appealing overall because of their ownership composition. Both are privately held and in the case of the East of Speedway lands, ownership is highly fragmented. The anticipated cost and coordination required to assemble a large enough site for an OHV facility may make these sites ullimately unfeasible. Because these sites emerged as possible candidates later in the study process, some investigation remains to be done, including mak- ing contact with the property owners to determine if they are willing sellers. The last two sites being recommended for further action are Countyline Motocross Park and the former Opa-Iacka West Airport. Both are considered "near term," although the connotation of that phrase differs for each site. Coun- tyline Motocross Park is an existing site with immediate availability. A private vendor has operated a motocross practice track on the site since negotiating a short-term lease with the County. While that agreament expired at the end of May 2007, the vendor will continue on a month-to-month basis until the MDCPRD issues a Request for Proposal and selects a vendor to commit to a five-year contract. This report recommends that MDCPRD continue this process in order to facilitate a more pennanent situation. The former Opa-Iocka West Airport site is a near term solution in the sense that the need for action is immediate and the site's availability period brief. The County Avia- tion Department recently announced plans to sell 90 percent of the property to a private mining company by the end of 2008. Unless the deal unexpectedly falls through, this will leave a very short and near-term-only solution, the immediacy of which could be additionally burdened by a nine-month to one-year wetlands fill permit process. This study recommends simultaneously pursuing two or more of the above-referenced sites to adequately serve the needs, preferences, and geographical dispersion of present and future OHV enthusiasts. Given the current dearth of facilities in the County, it is advisable to carry forward to immediately secure at least one near-term opportunity, while furthar investigating the prospects of leasing, acquiring, or entering into a interagency use agreement for at least one of the long-term sites. To this end, we recommend that the MDCPRD apply, at the earliest opportunity, for implementation funds (acquisition, design, andlor construction). Possible funding sources include the T. Mark Schmidt Off-Highway Vehicle grant program, the Department of Environmental Protection's Greenways and Trails grant program, as well as Miami-Dade County funds. 16 .' + ~ _ The goal of the OHV Trail Feasibility Study is to identify one or more sites within Miami-Dade County that could be transformed into an OHV recreational facility. The scope of the study encom- passes a County-wide site search and site analysis to identify sites that are both suitable for use as OHV recreation areas, and avail- able for sale, lease, or use agreement. The MOCPRD will use the conclusions and recommendations in this report to detennine an appropriate course of action, hopefully leading to the acquisition, design, and construction of one or more OHV trail facilities within the County. The feasibility study is based on four central premises: . OHV riding is a legitimate, family-oriented recreational activity that enjoys increasing popularity among South Florida resi- dents facilities for legal OHV riding do not currently exist within Mi- ami-Dade County the mission of the Park and Recreation Department is to pro- vide for the recreational neads of County residents and visi- tors the needs of OHV enthusiasts for such facilities should to be balanced with the need to protect natural resources and use County lands in a responsible manner. The popularity of off-highway motorized recreation in South Flor- ida has surged significanUy over the past decade. According to the Division of Highway Safety and Motor Vehicles, over 25,000 OHVs have been registered in Miami-Dade, Broward, and M0n- roe Counties since October 2002. At the same time. locations for lawful OHV riding have not been available during this period to meet the increasing user demand in the region. This prompted the Florida DOF to target South Florida as a critical area for de- velopment of new OHV facilities. DEFINITIONS OFF-HIGHWAY VEHICLE(OHV) any InV, two-rider ATV, or OHM that is used off the roads or highways of this state and that is not registered and licensed for highway use under chapter 320 ALL-TERRAIN VEHICLE (A TV): any motorized off-highway or all- terrain vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be strad- dled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger Two-RIDER ATV any ATV lIrat is specifically designed by the manufacturer for a single op- erator and one passenger OFF-HIGHWAY MOTORCYCLE (OHM) any motor vehicle used off the roads or highways of this state that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a trac- tor or a moped. ;;'~!!,CJ: ::-~,~r,,! 1 ::;i 1t'.I:; ..2:>!.'] j C ;l~j;it-;,,:; Miami-Dade County also recognized a need to provide safe, convenient facilities to address conflicts resulting from un- regulated OHV riding. In detennining the immediate nead for action, the MDCPRD took into account the consequences of not providing a park for local OHV users. Over time, recurrent, unauthorized riding in ecologically sensitive areas-as -evidenced by aerial photography of weUand areas in west and south Miami-Dade County-can cause heavy damage that ; costly to mitigate. In addition, OHV trespass creates conflicts between riders and property owners, as well as conflicts with adjacent uses. The County's Agricultural Patrol Unit reports an increase in complaints coming from residential ar- eas, fanners, and agencies responsible for environmental mitigation and protection efforts. 19 RECOMMENDED SITES ~. r LAND SURROUNDING TNT AIRPORT *EAST Of SPEEDWAY *FLORIDA ROCK AND SAND (FRS) HOLDINGS Near Term COUNTYLlNE MOTOCROSS PARK (AT M.E. THOMPSON PARK) FORMER OPA-LOCKA WEST AIRPORT 'RECOMMENDATION CONTINGENT UPON ADDITIONAL DUE DILIGENCE. Since the first draft of this document was presented for public review in Decem- ber 2006, the feasibility study has been substantially revised to address new or revised information provided by stakeholders or collected by the Consultant Team. Over 200 OHV enthusiasts and representatives from stakeholder agen- cies participated in a January 24th, 2007 public workshop. Stakeholder groups had an opportunity to comment on the user appeal of sites and to suggest new locations for further exploration. Attendees were also invited to complete a preference survey. A multi-agency round table was held on February 20, 2007 to review the environmental, regulatory, and availability status of the potential sites. Subsequent meetings were held with agencies and enthusiasts to verify the most current and available information. Of the 23 candidate sites evaluated in this report, this study recommends fur- ther investigation of five. Land surrounding the Dade-Collier County TNT Air- port stands out as the most viable long-term option. While it is not immediately available-as described later in more detail-this site has the best overall col- lection of desired site characteristics. Namely, it is large; under single, public ownership; appealing to users; potentially available for lease; already vegetat. ed; and distant from incompatible land uses. Two other sites offer potential opportunities for permanent OHV facilities. The Lands East of the Homestead Speedway and the FRS Holdings sites, both located in south Miami-Dade County, share many physical characteristics with the preceding site, while having fewer environmental constraints, but are less suitable overall because of their ownership composition. Both are privately held and in the case of the East of Speedway lands, highly fragmented. The anticipated cost and coordination required to assemble a large enough site for an OHV facility may make these sites ultimately un- feasible. Because of these sites' recent indusion in the study, their recommendations are contingent upon additional due diligence, including contacting the owner and determining willingness to sell. The last two sites being recommended for further action are Countyline Motocross Park and the former Opa-Iocka West Airport. Both are considered "near term" opportunities. Countyline Motocross Park is an existing site with immediate availability. A private vendor will continue to operate the existing motocross practice track on a month-to-month basis until the MDCPRD issues a Request for Proposals and selects a vendor to commit to a five-year contract. This report recom- mends that MDCPRD continue this process in order to facilitate a more permanent situation. The former Opa-Iocka West Airport site is both a near term and short term solution, due to the County Aviation Deparlment's stated plans to dispose of 90 percent of the property for mining operations by the end of 2008. Unless the deal unexpectedly falls through, this will leave a very brief period for OHV use. This study recommends simultaneously pursuing two or more of the above-referenced sites to adequately serve the needs, preferences, and geographical dispersion of present and future users. It is advisable to work toward immediately securing at least one near-term opportunity, while at the same time pursuing one or more of the long-term sites. to ,_ Off-highway vehicles are generally defined as motorized vehicles not registered or licensed for highway use. The term, however, encom- passes a wide variety of machines, including 4-wheal drive jeeps, auto- mobiles, or sport utility vehicles; motorcyctes designed for off-highway use; all-terrain vehicles, more widely known as ATVs; and other spe- cially-designed off-road motor vehicles used in a wide variety of ways. Users often combine the riding experience with other outdoor ectivi- ties. Such activities include hiking, camping, hunting, backpacking, photography, sightseeing, mountain biking, picnicking, swimming, fish- ing, boating, skiing, and bird watching. The ideal OHV facility accom- modates not only riding, but also a combination of these activities. Demand for OHV driving and riding has experienced a notable upsurge in the past few years. In 1960, when the first U. S. National Recre- ation Survey was done for the Outdoor Recreation Resources Review Commission, oft-highway motorized recreation was not even officially recognized as a recreational activity. In contrast, from 1982 to 2001, the number of participants over 12 years old grew by more than 100 OcaI8_ForosIOHVIraiI percent (Cordell at at 2004. p. 37). The next rounds of subsequent Photo source: (viDe Park and Recreation Department National Survey on Recreation and the Environment (NSRE) revealed that the number of users continued to balloon between 1995 and 2000 from 27.3 to 36.0 million. Based on NSRE results from last season, nearly one In four Americans (23.8 percent) age 16 and older participated one or more times In OHV recreation within the past year. While the number of people participating has increased across all demographic groups, the majority of participants continue to be under 50, male, and white. and residents of urban areas. Interest is increasing especially rapidly among 30 to 50 years old female, Hispanic, and urban riders. According to the Motorcycle Industry Council, nationwide OHV annual sates more than tripled between 1995 and 2003, to more than 1.1 mUlion vehicles sold in 2003. ATVs, specifically addressed and defined by the 2002 Florida Statutes, continue to be the most common vehicle type purchased, accounting for more than 70 percent of the OHV market. The population of OHVs in the U.S. grew nearty as fast, increasing 174 percent between 1993 and 2003. In just ten years, the number of OHVs has grown from fewer than 3 million vehicles in 1993 to more than 8 million in 2003. Across Florida, there are approximately 1,781,000 OHV users, meaning that 14.2 percent (or one in every seven) of the State residents participates in the activity. Within over 5 percent of the stale's title request since 2002 coming from Miami-Dade County alone. the State Division of Forestry has targeted South Florida as a critical area for devel- II opment of OHV recreation areas. According to the DHSMV, over 25,000 vehicles have been registered in Miami-Dade, Broward, and Monroe Counties since October 2002. Each year, the number of new riders increases. In 2003, 2004, and 2005, the number of newly registered vehicles was 5,350, 6,139, and 7,368, respectively. The data show that many individuals own multiple vehicles, lending support to feedback from local stakeholders that many South Florida OHV users ride as a family activity. According to an OHV Enthusiast Survey conducted at the Department's January 2007 Community Workshop, most us- ers live in the south and southwest areas of Miami-Dade County, although it may be noted that this is where the meeting was held. Local users have been riding seventeen years on average; they ride frequently-on average, once a week; and they go in large groups-on average, 13 people per outing. In recognition of the growing popularity of OHVs-ATVs and Off-Highway Motorcycles (OHMs), in particular-the Florida legislature signed The T. Mark Schmidt Off-Highway Vehicle Safety and Recreation Act into law in 2002 to pro- mote the development of a statewide OHV recreational system. The intent of the law was "to create new opportunities for OHV users (specifically ATV and OHM users) while safeguarding the integrity of Florida's natural resources." The Florida Department of Agriculture and Consumer Services' Division of Forestry is responsible for coordination between the planning, development and management of lands including those used for OHV riding. Funding is available for ATV trails through a OOF grant program. The funding, collected through the titling of ATVs, is used to fund feasibility studies, land acquisition grants, construction grants, and monitoring grants, to help develop more ATV areas for Florida residents. With money collected through the titling of OHVs, the State legislature allocated between $700,000 and $1 million in 2005 to the DOF for the T. Mark Schmidt grant program. 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 o New Off-Highway Motorcycle . New ATV . Used Off-Highway Motorcycle Used A TV 200312004 200412005 200512006 200612007 FIGURE 1: TITLES ISSUED FOR OHVs IN FLORIDA, By TYPE, 2003 THROUGH 2007 Source: Division of Forestry It /865(" -" ,616 928 414 49 142 j~~~~:~>:~=~!-'-e1 , , 130 . 79 ~ '~'^" -~, , ',' _. _ \396 !' 84' 93." 'I~ ',-'" ) c" 3071 ,'467 1724"_,, ..... 242 83' . I, PO:"5A!1156l, \ '\~/-~="i ~118~: 179 i,189i 1242 r* 1 ' . . , i '. ,- <, Legend '} 254 ( /. ,,' 81:' -' JIM ',',w" 94' 'r.i~- ' . 368 >'1~')"jj '. . "" ,.r' v. . _"_.._;,.,'!; -a -, '.,138 121 /-~ , , I",'_"'_~"~_ J-:~,-;-"- Polk .~~~ 49 to 559 560 to 1272 1273 to 2369 . 2370 to 4032 . 4033 to 5861 FIGURE 2: OFF-HIGHWAY VEHICLES TITLED, BY COUNTY, FROM JULY 2002 TO APRIL 2005 350 I (-,~.. ",;;;. \ '.. -- . 943 428 11042.--"'-..... , ,... ___..~_" . I' 1136 \ , ,\,""'1272 95 L Source: Division of F0f8Slry Hillsborough Broward 'y~ '~~ , ,,,,'~ . .-: -<'.. .:~i: )/; . ",'T ,,;Jo.ri ~ Miami-Dade Palm Beach 'M.; ",,..'- ....~~:r-;..o .., ~~:~ 8,500 9,000 9,500 10,000 1 0,500 11,000 FIGURE 3: ---:LORIDA COUNTIES WITH MOST OHV TITLES As OF JUNE 30, 2007 Source: Department of Highway Safety and Motor Vehicles IS The Grant program has 5 categories, with the following maximum funding amounts to help local agencies to develop more OHV areas for Florida residents: Planning, research, and design of new OHV recreation areas, trails, or facilities ($50,000) Construction of new OHV recreation areas, trails, or facilities ($150,000) Repair, maintenance, monitoring, rehabilitation, and protection of existing OHV areas, trails, or facilities ($75,000) Rider education, safety, and training programs ($10,000) Acquisition of lands to be included in the system ($200,000) The lack of facilities has led many South Florida OHV owners, sometimes unknowingly, to ride in unauthor- ized areas such as conservation lands or private property. According to sources at Miami-Dade Department of Environmental Resource Management (DERM), there has been ATV use in nearly all County owned natural areas in which access is not controlled. The South Dade Wetlands Acquisition Project is one of the most common areas of unauthorized use ot ATVs-and consequently one of the most damaged-but there are others that are being used without permission, in particular: the West Siscayne Pineland, the Quail Roost Pineland, the Ludlam Pineland, and Tree Island Park. This situation prompted the MDCPRD to apply for a grant from the DOF in the category of Planning, Re- search, and Design of New OHV Recreation Areas, Trails, or Facilities, to identify and evaluate suitable areas throughout Miami-Dade County for the possible location of OHV recreational trails and facilities. Although the grant funding is geared toward ATVs and OHMs, Miami-Dade County is exploring providing facilities for an even wider range of vehicles in this study in order to respond to the full spectrum of demand. The grant agreement was executed in April 2006, with an expiration date of September 8, 2008. The County chose the consulting team of WRT to conduct the study. 14 L Q ~ I SW 8th Street --;--, T -+__j~~C _ I --bu-U, c '~. ~~~ - t, _.Co -< '/' . 4..---..~:' '"- /' ~ \\~~ /J ~ \\~ . ~~RE 4< \ \1."4 ~~J--HIGHWAY VEHICLES TITLED IN MIAMI~ADE C~ S -;;,', RING 2007 AND SITES RECOMMENDED OR ~HER AN :f Source: Department of Hl9hwa: Safety and Motor Vehjd~?f~""''t y?-IC~~~ A '~1,,) ._M~'~~~~G"(~,:~, , 't~::r--,\(....' - 0.;;: ~~~ ,} "- ,;:. _i I,; ~, ".' (.d" =-~~~_: . NEAR-TERM SITE LONG-TERM SITE o LONG-TERM SITE DE- PENDENT UPON ADDI- TIONAL OUE qjLIGENCE OF'F'-HIGH~ VEHICLE OWNERS IN ~IAMI- OADE cou,Gf ' BY OHV c FIGURE 5: EXAMPLES OF THE EFFECTS OF UNAUTHORIZED AND UNREGULATED OHV USAGE IN MIAMI-DADE COUNTY Source: Google Earth .6 The approach to conducting this study consisted of a series of steps, and included extensive GIS-based analyses in the initial stages of the pro- cess to identify a range of potential site candidates. The criteria for deter- mining the feasibility of sites were established based on input received from stakeholder groups, including OHV enthusiasts and govemmental agencies, as well as the expertise of the Consultant Team. Field visits were conducted of each site, in some cases more than once. Most im- portantly, the process involved significant interaction with the stakeholder groups, including the OHV community at large, through workshops, pre- sentations, surveys, round tables, and various other types of meetings. In all, eight meetings were held by the Feasibility Study team to solicit input and to review and corroborate information wilh the stakeholder groups. MCDPRD conducted additional one-on-one meetings and held briefings with local leaders. WRT and the sub-consultants reviewed data on facility sizes and ameni- ties, development cost, and operations practices at comparable publicly owned OHV areas; researched legal issues related to operating OHV rec- reational facilities; gathered information about whal kinds of activities are considered appropriate uses in OHV recreational areas; and reviewed planning and feasibility studies, plans, and other relevant documents about OHV areas around the country. Among other sources, the consultants reviewed reports and data from the MDCPRD, Planning and Zoning and Environmental Resources Man- agement Departments, the National Park Service, the Florida Division of Forestry, the National Recreation and Parks Association, the Everglades Coordinating Council, and several municipalities and counties around the nation that conducted OHV studies. In addition, the team reviewed past and current legislation including Chapter 317 Off-Highway Vehicle Titling, Chapter 261 Public Lands and Property Off-Highway Safety and Recre- ation, and Senate Bill 16721House Bill 7079. 19 INVENTORY OF EXISTING FACILITIES ')I),j LI(" .:: 1\ 'llll-Ir;',' I .~. ..,; I ... {, _ L_....) There are currently eight public OHV facilities located within Slate and National Forests and Preserves in Florida. Four of them permit OHV enthusiasts to ride any time of the year and have no controls limiting the number of riders: Apalachicola National Forest, south of Tallahassee; Osceola National Forest, north of Lake City; Ocala National Forest, east of Ocala; and Croom Motorcycle Area within Withlacoochee State Forest, near Brooksville, The national forests cover over one million acres of land. The 2,600 acre, fenced, state- owned Croom Motorcycle Area permits ATVs and mo- torcycles to use its many miles of trails. The site is attractive to riders because it contains hardwood ham- mocks and scrub and, as a former phosphate mine, has significant variations in the terrain, which is atypical of the generally flat topography of Florida. The remaining facilities are open seasonally and have stricter limitations on the number of permitted riders. Tate's Hell Off-Highway Vehicle Trail System has over 150 miles of designated trails on existing forest roads and was the first OHV network developed under the T. Mark Schmidt OHV Safety and Recreation Act of ")')11/\ -,. l:" \ "1\ I -1--" I . \ I :- I ,_= I " I" _ I '..: ,) Generally, there are two types of private facilities. The first, outdoor motocross, is usually between 20 and 25 acres in size, has tracks between 1 and 1.5 miles in length, and is typically unlit. Outdoor motocross facili- ties are often used as practice spaces. The second type is supercross, which is more regularly used for competition and is generally smaller in size, between 10 to 20 acres. The tracks are typically iii, less than 1 mile in length, and have several 'challenge features' such as tight turns, fast jumps and moguls. There are 18 private motocross parks in Florida, The so 2002. The facility permits OHMs and ATVs. Entry into the park is limited during hunting season. The facil- ity located within Big Cypress National Preserve is one of the closest to Miami-Dade County. It permits up to 2,000 ATVs, ATCs, swamp buggies, and street legal 4x4s. Motorcycles and other two-wheeled vehicles are not permitted in the preserve's backcountry. There is a 60-day preserve-wide closure to provide a restoration period for resources. The Florida Fish and Wildlife Conservation Commission (FWC) currently allows OHV use on some of its proper- ties on named and numbered roads during non-hunt- ing periods, The closest FWC properties open for OHV use are located approximately 55 miles from down- town Miami, in the southwest comer of Palm Beach County. These adjacent properties are known as the Holey Land and Rotenberger Wildlife Management Ar- eas (WMA), and cover over 92 square miles. Although OHVs are allowed, there is no signage that lets visitors know. None but the Big Cypress facility could be con- veniently reached for a day trip for a resident of Miami- Dade County. closest facility outside of Miami-Dade County is Semi- nole Tribe Motocross, located east of Fort Myers in the Everglades within the Big Cypress Indian Reservation. The 85 acre complex has a 7/8 mile supercross track, a 1.2 mile motocross track, a Y, mile pee-wee track, and a 6 mile woods loop. There are plans for camp- ing, showers, bike wash, and a 5,000 person capacity grandstand. Countyline Motocross Park is the only private moto- cross facility in Miami-Dade County. A vendor has ne- gotiated a short-term lease of forty upland acres of the 640 acres in the northwest comer of Milton E. Thompson Park, a property owned by the Slata of Aorida and managed . " the County. The year-long agreement expired at the end - IY 2007; the vendor will continue on a month-to-month basis until the MDCPRD issues a Request for Proposal and selects a vendor to commit to a five-year contract. The ven- dor will be required to install buffering to prevent riders from entering the environmentally sensitive areas. Because the remaining acreage of M.E. Thompson Park is covered by wetlands, future expansion of the Countyline ,. ~r , " ~~~ FIGURE 6: EXISTING OHV FA- CILITIES IN FLORIDA Motocross Park is not an option. While there may be a pos- sibility of adding a training area, there is minimal opportu- nity to expand the motocross track or increase parking. The vendor is in the process of installing utility poles and stadium lighting fixtures to allow nighttime operation of the track. The Miami-Oade County Aviation Department has entered into a short-term lease at the former Opa -Iocka West Airport with a vendor who operates a drag racing facility, Ultimately, the Aviation Department does not intend to renew the lease because of plans to sell the property for mining. PUBLICLY OWNED SITES FOR OHV RECREATION IN FLORIDA 1_, 71: \ , j I "" r 'v-, -: (), ~' .~ Ii, ; r--j '[ " ---:;:71 I -c T~'.~ l " d :,' .,' , I ~,' , '-l~, ' J ~,<f\.. .! j ,. , J Source: Florida Division of Forestry hUp:ltwww.ft.OOf.comlloresuecreationlohv_index.hImI ~,l Apalachicola National Forest .~.. Osceola National Forest ~ Ocala National Forest 141 Withlacoochee State Forest: Croom Recreation Area tI' Tate's Hell State Forest OHV Trail System Il:i Big Cypress National Preserve ~. " 'f Holey Land and Rotenberger WMAs Il: John W. Corbett WMA (OHVs for hunting only) 11' Mallory Swamp PRIVATELY OWNED SITES FOR OHV RECREATION IN FLORIDA A Countyline Motocross Park l Motocross of Marion County !';l Countyline DraQWay MI Gatorback Cycle Park C Seminole Tribe Motocross !\Ii Waldo Motorsports Park 0 Sand Mountain Speedway 0" Bostwick Creek Motocross E Bartow Motocross p, North Florida Raceway F Quick Track Motocross Q County Line Motocross G Sunshine Motocross R West Florida Motocross H Dade City Raceway S Mud Up I Brooksville Motocross t Ocean Pond Mud Bog J Motocross World U C&R Motorsports Complex ,K Hardrock Cycle Park Ocala V Moroso Motorsports Park Source: ProSport USA http://www.Prosportsusa.comItracks.htm ,,'j I _J 'i ;- , )} ~~</.....I ~ - I '/." 'J )\:V~j- "--.- J-~j ,/"~~ , /' ~'. . Approximate mileage from downtown Miami .n_ 150 - - 250 51 A project kick-off meeting was held to introduce WRT and the sub-consultants to the Steering Committea, which was comprised of MDCPRD Staff. The Com- mittea and consultants developed the planning pro- cess, reviewed documents and resources, and iden- tifre<f additional internal project participants and an initial list of exlemal stakeholders. This Team worked together to meet with and gather infonnation from stakeholder agencies and OHV enthusiasts. The Consultants and MDCPRD began gathering input at a quarterly meeting of the OHV Advisory Committee, a group under the direction of the DOF. Stakeholders from throughout the state attended, but because of the meeting's location, there was signifi- cant turnout from Miami-Dade, Broward, Collier and Lea Counties. Attendees represented public agen- cies such as DERM and SFWMD as well as private interests, such asATV and motocross users and OHV dealers. The second gathering, hosted on July 12, 2006 by the MDCPRD, was geared specifically toward gather- ing infonnation from local enthusiasts. Users shared information about the areas in which they ride, where concentrations of users reside, and the challenges faced by OHV riders in Miami-Dade County. Users corroborated what the data suggest-in alignment with the national trend, there has been a substantial increase in both the sales and the popularily of ATVs in Florida in the last five years. Most active, local OHV users fall into one or more of three general cat- egories: families seeking passive, group-oriented experi- ences on long, meandering paths in 'natural' set- tings, "mud riders," who enjoy wet terrain, often in the form of a mud pit riders seeking more active, "challenge" rides, of- ten provided by very steeply sloped, bumpy ter- II rain that is navigated in a technical manner at much slower speeds. OHV riders are seeking a facility in Miami-Dade County that is legal, suitable, and safe. Intergovemmental coordination was an integral part of the development of the Feasibility Study. WRT identi- fied all agencies that might have land avaitable and suitable for OHV areas, or had concems that would impact or influence sites proposed in the Feasibility Study. These groups included the South Florida Wa- ter Management District, Everglades National Park, Board of County Commissioners, National Park Ser- vice, Miami-Dade County Agricultural Extension, Mi- ami-Dade County Aviation Department, Miami-Dade County Police (Agricultural Patrol Unit), Miami-Dade County Solid Waste, DERM and its Environmentally Endangered Lands (EEL) Program, and the Agricul- tural Practices Study Advisory Board. At the July 12, 2006 Stakeholders meeting, repre- sentatives from DERM and SFWMD discussed some of the challenges facing OHV facility site selection in terms of land management and protection of re- sources. The agencies expressed concem over two issues-the trampling of plants and the degradation of wetlands. These two agencies provided additional input about the potential of their landholdings as po- tential OHV sites on September 18,2006. The Coun- ty Park and Recreation Department hosted an inter- agency meeting to gather infonnation about potential sites for OHV trails within lands owned and main- tained by the South Florida Water Management Dis- trict. Other government agencies attended, including The Miami-Dade County Department of Environmen- tal Resource Management, the office of County Com- missioner Jose "Pepe" Diaz, and the State Division of Forestry. May 2006 NOHVCC ConI8Ienc:a OHV""thuaiasts rMelIng, Summar 2006 ,006 OHV anthusiast rally, Bird Road and SW 157th Avenue Photo sources: MDC Park and Recreation Department and \/IJRT " The Consultants and MDCPRD staff established a list of criteria to be used to identify those sites most suitable for the development of OHV recreation areas. "Most preferable" and "least preferable" categories were created to frame the anticipated array of circumstances encountered during the site selection process. ENVIRONMENTAL CONSIDERATIONS The site should have no sensitive environmental features, and have disturbance. It is least preferable for the site to be Environmentally Endangered Land (EEL), contain endangered species, have extensive wetlands, or contain contemina- tion. COST TO ACQUIRE It is most preferable for the site to cost nothing either because tha County already owns It or because the land could be donated to the County and least preferable for the site to need to be purchased. COST TO DEVELOP It is most preferable to having existing amenities such as vegetetion and variations in terrain and lack problems such as soil contamination in order to make the site less costly to develop. At. this stage, a feasibility study, the estimation is very approximate. Enginears were not consulted. OWNERSHIP It is most preferable for a site to be owned by the County and least preferable for It to ba privately-held and require pur- chase. ZONING It is most preferable for a site to be zoned agricultural or industrial, or to have undetermined zoning (i.e., classified as "un- zoned"), and least preferable for them to be zoned residential or commercial. Similar to the site itself, it is most preferable for the adjacent sites to be "unzoned" or zoned agricultural, or industrial, and least preferable for them to be residential or commercial. DISTRIBUTION If multiple sites are suitable for use as an OHV park, it is preferable that, relative to one another, they are distributed through- out the County. RECREATION FEATURES It is preferable for a site to be able to accommodate a wide variety of OHV recreation trails, for users of all OHV types, and all difficulty levels. 5.. - ApPEAL TO USERS . It is most preferable for a site to be perceived as exciting or interesting to users and least preferable for a site to not meet the users' perceived needs or compromise the users' sense of safety. EXISTING LAND USE It is most preferable for a site to be vacant-whether it Is agriaJttUral. parldand. open space. or of a similar nature-and least preferable for it to be activeoommen:ial. industrial. and partiaJlar1y residential. To minimize the potential for use conflicts and incompatibilities, it is Jl!8ferable for the adjacent sites to be vacant_hether they are agricultural. parldand. open space. or of a similar nature-and least preferable for them to be active commercial, industrial, and particularly residential. SIZE . __,Because user needs and design vary l!O greatly. there is no one "ideal size" for an OHV facility. The assumption. how- ~ver. is that the larger the ~. the better. in order. to lIccommoclate not only the trails themselves but also a variety of complementary facilities. and the possibifrly of expansion. TOPOGRAPHY AND NATURAL FEATURES Within the context of southern Florida topography. it is most preferable for a site to have existing variations in terrain and existing vegetation and least preferable for a site to be lIat and have no vegetation or only Iow-lying grasses. ACCESSIBILITY It is most preferable for a site to be connected to an established road network and least preferable for it to be distant from the existing road network. It is most preferable for a site to be adjacent to a major highway. and least preferable for a site to be far from major highways. UTI LI TI ES It is most preferable for the site to have existing connections, or easy access. to electricity. water, and sewer, and least preferable for the site to be In a location where utility connections do not exist and no connections are planned. SITE AVAILABILITY "-, t is most preferable for a site to be available for opening of OHV recreation amenities within 1-3 years, and least prefer- able for a site to be available on a long term basis. or have questionable availability. ss SELECTION CRITE .... .,!;,~ ... ..- ," .r:ff" ~", ",,;. J. 'r: 'I . '\' ....'tiI... ,: "'" 1"'E~!R,A'ffQ~ ,I p I"r"~;" ..~.' "J~T";J' ';~!I, I ~'i .' - ~ j i'l J'~.~~" '; >:. Study Team used the following vehicles types r;4- ~ and desired experiences as a frame of reference while searching for sites. Although the grant funding is geared toward ATVs and It OHMs, the Park and Recreation Department is striving to meet the full spectrum of demand in Miami-Dade County. I' 'J I r . " (Y?E,S ..- r;f OFF-HIGHW:\Y 'IEHIr:U: Off-Highway Motorcycles (OHM) MX EndurolWoodsfTrail Trials Dual-Sport All Terrain Vehicles (ATV) Sport Utility Four Wheel Drive Vehicles (4WD) Jeep SUV Truck Other Motorized Vehicles Dune buggy Rail Swamp buggy S6 ~, I Ii"- ..II jO ,r , , , , , , ',' '.il' i>.~ ' 'I, ":-'1: }~_.~:. ~,~/.. , "'-'," ',; cl,. , ..._'" '~_'..'~'f!;'.'~ ! ,. ,~ /t ' 'I'" ::~Wf!::.J ~ " . ~l1 , ,'Ii.--, ~'~ " ~, . .....- . , " I' " '.'''"1 i "\ . .j. ..' i . . ~. ~ ~ .l~, tIJ - >~;~l ". ,~~,. ~~."~""'" l '.j".,"" ",. . '~'-. ~ -- ". . , . .~".I' .' -;;>. ,t;' ~l'" ...... 1." . ' ";f/.~" d. "~'''~' T ._-~..~ ,.~.~ ~ - 02:,;1 nc:u . ': ;<;:J:J([ ;-:I\j C i:ON3IlJf:rn fIOI'r; Trails Beginner Intermediate Advanced Tracks (Practice and Events) Motocross (MX) Supercross (SX) Trials Area 4WD Challenge Course Training Area Safety Basic Skills Adult Beginners Practice Area Youth Practice and Leaming Area Parking Area and Pit Area Picnic Area and Play Area Shelter and Shade Rest Rooms Observation Areas Camping Area Concessions (Food. Parts. Service) Maintenance, Administrative and Educational Facilities 57 Using GIS data (the process and results are detailed on the following page), analysis supplied by the MDCPRD. feed- back from local OHV enthusiasts and other government agencies, and the site selection criteria, the Feasibility Study Team identified a list of prospective OHV areas (Figure 3). In total, twenty three sites located in all areas of Miami-Dade County were investigated. They are: " Site Surfside landfill (former) Vacant lands near Dolphin Stadium Opa-Iocka West Airport (former) Countyline Motocross Park Beacon Countyline. LLC Industrial lands in the lake Belt Rock Min- ing Area NW 58th Street landfill (former) County-owned land surrounding Dade-Col- lier Training and Transition (TNT) Airport SW 8th St and Krome Avenue land Surrounding Everglades Correctional Institution SW 100th Street and Krome Avenue SW 232nd Street and SW 217th Avenue Rocky Glades (SFWMD - L-31-North Proj- ect Area) Homestead General Airport Frog Pond (SFWMD -15 acre fill pad) SW 360th Street and 217th Avenue Ingraham Highway and SW 217th Avenue AeroJet General (former) South Homestead Lands Florida Rock and Sand (FRS) Holdings East of the Speedway Lands Priv. Land N.E. of Homestead Air Res. Base South Dade landfill (former) and Certosa Location 3900 NW 215th Street NW 195-215th Streets, NW 17-27 Avenues Countyline Road and U.S. Hwy 27 16665 NW 177thAvenue; within M. E. Thompson Park NW 170th to 154th Streets, NW 107th to 97th Avenues NW 154th to NW 58th Streets, NW 117-147 Avenues NW 58th Street and NW 87th-97th Avenues Collier County, off of Tamiami Trail, within Big Cypress Na- tional Park east of Krome Avenue (l77th Avenue), west of 159th Avenue. south of SW 8th Street, and north of SW 40th Street west of Krome Avenue, south of SW 8th Street south of Rock mines, west of Krome Avenue, north of SW 100th Street. and east of SW 188th Avenue SW 168th Street to SW 260th Street (west of L-31 canal), borders ENP addition to the east SW 28Oth-296th Streets, SW 217th Avenue SW 304th Street to SW 408th Street, borders ENP to the east SW 456 Street and SW 232nd Avenue two sites east of US 1 and Card Sound Road and south of East Palm Drive (Area #1 - northeast of where US1. Krome Avenue, and Card Sound Road converge; Area #2 - west of SW 137th Avenue and north of SW 376th Street) East of Card South Road and south of SW 360th Street east of the Homestead Miami Speedway, south of North Canal Drive (SW 328 Street), north of Palm Drive SW 256 Street and SW 97th Avenue ,/;.~" ,',N' '~3e:,,' , 'Qi ~= j~-ili\ ".... -L & J .... "u'- "'~'-'''.....,.....,,..~,, '\ \\ n ~ \ \~ ~;~ ~ \~~~ ,4 J \ \\ 'J:I .... \ \, ,.; 't.':'1' j=,' if BROWARD COUNTY -1 Legend - . Top candidates (near and long term) Less feasible under existing conditions . Not feasible under existing conditions .--+0- SW 8th Street MIAMI-DADE COUNTY /11 ~::~." -''{.,:..,.;-~ .;",'i l"YI!:"~' %~~~ !ti'j .,.:.:~) - , " ,,-,"-- /l~ /G "' ( " ~ Ii Ii I I I 1';"'. ~'" l \/:'!:: " _I Biscayne Bay ~ ; , ,! FIGURE 7: SITES INVESTIGATED AS POTENTIAL OHV FACILITIES /1, GIS METHODOLOGY AND RESULTS Using available data provided by the Miami-Dade County Planning and Zoning and Park and Recreation Departments, GIS analysis was performed to quantitatively categorize parcels based on three of the most important criteria in initial site selection, Parcels were differentiated based on vacancy status, size, and ownership. '",--", -0' "'\1" 'I ' \.,,1,,1 J :..:;,.1. \ r- l~ /-\j f, _ 1 '.) J Vacancy Status, Vacancy status was based on the County Land Use Code value "81," which indicates a properly with no current structure permitted by the County. This classification does not include conservation lands, Size, There is no "idea'" size for an OHV park. However, for purposes of evaluating the data, a benchmark of 200 acres was chosen as a minimum. At this stage of analysis, site size was evaluated on an individual basis. without consideration of the size of contiguous parcels. Six size categories were created around the benchmark figure _ 0-150 acres 150.1-200 acs 200.1-400 acs FINOfj~'IGS GIS analysis identified four proper- ties meriting further investigation- the "Rocky Glades' area (a sizable conglomeration of formerly private parcels purchased by SFWMD as part of their L -31 North Canal project) and three privately owned properties in the southern part of the County: SW 232nd Street and SW 217th Avenue (Area L); SW 360th Street and 217th Avenue (Area P); and Ingraham Highway and SW 217th Avenue (Area Q). The three privately owned, va- cant parcels are roughly 600 acres each. 40 1.....""'*'-- I. .C'H..,-~T",~ '-.-,-~.---. I .",,~.h!"'''''' I" :;;;'~~:~T<X ~~""f-=t I ,,,..,.,V', i' ~~~;:;;~-""'" I ....e=...c I ......,..,...q-. .....,~'" --.,-=" ""c_~.. ,...,.-., 'C'.c, _..c.'''"",,,,,,,,, ...c.-,,, ':-':11<--'",,,, ..._'" iIl_"'_~ ,,.. ~~:::~"-> ..:":,,, .<O""~_ ,:~ j .. ~_':;;~' jII "'-~~;L :r: iili I' ..,'''"''<_ .'=O'-""~#'" ,_. ; .-,,,<'t 1il,;",."O_'''''''''''X<n I~ "Uf'" """"''''~' .".~..... ,I>......"~..,..,. .1-.."'-""">-<- ",.. ""-0_,'" '''' 'M. ','I "ou..~-O-.",u~ -"',1 -""....." Ii'- : ,.,.......~"MC.,... .'~_"1-'':'''''',' ;;- I ......"'eT_....... .'y"-,;y,,,,., 1'1 ,,,,.,,.,~ .."-~,-;<:'~:-"",, :::;:., =, ~::::.t:..~.:.:; liP<',:,:.~:,""" " ! -'~. -:2-_______ " , ------~I .. ~_>--:~~:.~~ -" .,~',"'-':'~,.....'"~ . :i~ ~"~.~--,-'" !:"':'!c~:;;;:::;:_:_~~;-,-.J ~~,;~~0'2.'~~,,"'!_i~,~:' il~" '," ,-~, """ . ,~.,,~_-'J_," .. i tt-,? _~ :]. A. !i';:~~ -;j.~ . ~ . ~. ~. ..1...:.;- 400.1-600 acs 600.1-1000 acs 1000+ acs .... ~'..- ,.... t..,., :;,<c-'6". I"" Dr..-. to-< D;i-IiI.. .- :.Z~ a:!':l-" se~ ~n!;lB r..Tr e~ _ ""'-'_. -~,- J:-.....,.". -,~CC'~C""I -i~ .'._ , II! ".L~.''''.''.''.T.' ""~. 11"'- .{o.l'>W>'"'~_ i1'" u,,"""'.ocm]..'n....<O' if" ~l."tm-lXW'.j;<:~.t>. ~: _l1":J"]?',.,""'-'J :i~~ i' _;""'''''''''''''',.:r.,",.~. il': .~ ~i=' :'""'- 11".- I'i- ~ -.."''''",..., ..t, .'.="'".~.n<c ''',~~X'''' jUl--O(J)""", -~','-'''''',-"" .. ,,~._...n..~ FIGURE 8: EXCERPT OF GIS ANALYSIS 3DurC8 vVHT Ownership, The tax assessor-based GIS data contained no explicit category denoting owner- ship. Therefore, parcels were allocated to the following categories based on mailing address information: County-owned State SO.F1.Water Man- agement District Federal Municipal Private 0"~"..g ;.' 1~ .~ '_i na->~lB' "U""~"'" c~ lUJ~ SUGGESTIONS FROM ENTHUSIASTS Demonstration of so~nd testing of ATVs at Ocala National ~ ,~ Forest, May 2006 ~ ,~!'._~~ ,.-- '9r:.JIh.-_ ..::i:4 P)-<:-~o ,,('Iye:'!: ~.i~DC Pa(" ;1:1i Recreation :J~;,:JCirtn>:;'lt r EI:DcJ,,,c;\ Suggestions were made by OHV riders and govemment agency staff members at meetings to investigate SW 8th Street and Krome (Area I), Land surrounding US Army Reserve Base (Area J), 168th Street and Krome, Amelia Earhart Park, Opa-Iocka West Airport (Area C), South Homestead Lands (Area S). and Industrial Lands in the Lake Belt Rock Mining Area (Area F). The parcels around 168th and Krome were not evaluated further because the size did not meet site selection criteria, While the team did visit Amelia Earhart Park. it was eliminated from further consideration be- cause of the small size of available land- 10 acres-and because two major roads (Gratigny Parkway and La Jeune Avenue) separate it from adjacent sites. However. the remaining sites did meet site selection aiteria and were evaiuated further. 41 Site data was gathered from the County GIS, County Tax Assessors office, officials from DERM and SFWMD, property owners and managers, and enthusiasts. A "data table" was completed for each site (see Figure 5 for sample template) with the best available information, thereby producing a snapshot of each potential property and allowing the team to draw preliminary comparisons between sites. This step also included the first of two surveys administered to local riders during the feasibility study. The "user appeal survey" was distributed to the three general user groups in Miami-Dade County identified at ea~ier meetings: mud riders; family-oriented ATV riders; and "challenge" riders. Riders were asked to rank potential sites on the list at the time using criteria such as general appeal, size, and accessibility. The feedback from this survey was the source for the "user appeal" criterion in the potential site ranking matrix. After gathering data on each site, the team made site visits to get a more information on the properties that appeared to meet a significant number of the criteria established in an ea~ier step. The team checked infor- mation that could not be gathered from existing site data, aerial photos, and images alone. ,-<;;\ ;:,~,\"",,3~i! ~'4JIA ,(~~Y:] ~ ,;.' ,;,~~tt;t~~;~;i~",:: ].'f.. .,.'" ''''''''',,~~~~~ , ' ,~.:""'+~, - ",;, , ~'-, :_,:_i;-"-~ <~.'_~~,~~*:: Photos from October 10 2006 and November 14 2006 site visits Photo sources: MDC Park and Recreation Department and WRT 41 -- Name Folio NumbeFIII Location Owner Site Surroundil'lQ Prooerties Size Vacancy Status Existlna Land Use S"e Existing Disturbance (Y/N) Surroundil'lQ Properties Average Size of Adjacent Parcels (# of parcels) Zonlna Site Surroundil'lQ Properties Natural Features Presence of Significant Environmental Considerations (e,g. wetlands, EEL lands. endanoered species ete.! Percent of Site Covered bv Water Accesslbilltv Proximity to Existing Road Network Distance to Closest Hiohwav Currently Served by Utilities IV IN) Assessment Information Site East South West North Land Value Building Value Market Value Assessed Value Total Exemptions Taxable Value Average cost per acre (market valuei FIGURE 9: DATA TABLE TEMPLATE 45 Next, a ranking matrix was created to quantify site attributes. The team generated eleven categories by which to evalu, ate the sites. It is recognized that several of these variables overlap. For example, if a site contains wetlands, they will impact not only the site's environmental consideration score, but also the cost to develop, and perhaps existing land use, zoning, and ownership. The purpose of the ranking system is not to provide a definitive order from best 10 worst, but rather 10 generate a relative, quantifiable basis for comparison. The categories are as follows: " Size: based on acreage and/or adjacency to large, vacant parcels. " Ownership: based on status as available for lease or purchase and status as publicly and privately held " Existing Land Use: based on current use of the site and those surrounding it " Zoning: based on current County zoning classification of the site and those surrounding it " Environmental Consideration: based on the presence of wetlands (and basic understanding that wetlands vary in functional value), officially protected land or species, existing contamina- tion, reclamation needs, and existing disturbance. . Accessibility: based on access to external, paved roadways and proximity to a major road- way " Cost to Obtain: based on tax assessor's market value; if the land was not free to the County through existing lease, management, or ownership or donation, the average cost per acre was derived from market value. A "natural breaks" statistical method was used to assign sites as "low", "moderate", "high", and "very high." . Cost to Develop: based on existing vegetation and topography, generally and unofficially estimated cost for reclamation, estimated cost for permitting and mitigation (e.g. wetlands), estimated cost to control access, if necessary . Recreation Features: based on the number of facilities that could be accommodated on the site (including a safety instruction and training area; motocross track, kids trail, trail system for off-highway motorcycles, trail system for ATVs, trail system for 4-wheel drive vehicles, 4-wheel drive challenge course, motorcycle trials area, and field center including restrooms, food and drink concessions, and shop parts, supplies, maintenance, and training video room) given the size and shape of the site and the variety of levels of difficulty, based on size, configuration, and existing topography. . Appeal to Users: based on user appeal survey distributed to mud riders, challenge riders, and family-oriented riders, sites were ranked as minimally appealing, moderately appealing, and extremely appealing. . Site Availability: based on information from landowners and government agencies. The first nine categories were subdivided into five point levels, with "1" being the least desirable and "5" being the most desirable. The tenth category, Appeal to Users, was subdivided into three point values, 1 for minimally appealing, 3 for moderately appealing, and 5 for extremely appealing. The last category, Site 44 Availability, was designed as a "bonus point." If the availability of a site was known to be a long term prospect it was assigned a -1. Conversely, if a site's availability was known to be near-term it was given a +1. If information about a site's availability was unknown, it was given 0 points. The point distribution for ail of the categories was based on the criteria established during the step "Identify Site Selection Criteria', feedback from users, land managers and landowners, and information gathered while as- sembling background information. Certain categories-size, environmental consideretion, cost to acquire, and cost to devetop-were deemed to have greater im- pact on the feasibility of a site and therefore were given "double weight." For instance, if a site was a level "5" for size because it was 600 acres or larger, 10 points were contributed toward the final score. Size was considered to be of elevated importance because, while there is no one ideal acreage for an OHV park, it was detennined that, generally, the bigger the parcel, the greater likelihood of being able to offer a large array of OHV recreation - features. Environmental consideration was double-weighted be- cause one of the objectives of the study is to balance the needs of OHV enthusiasts with the protection of natural resources. Cost to acquire was deemed to have greater importance because funding is limited and having to allocate fewer resources toward obtaining a site leaves more money to spend developing it. Lastly, cost to develop was double weighted because, again, funding is limited and a site with existing features, such as vegetation and varied topography, allows more money to be directed toward offering a greater number of recreational features. Sites were then ordered by total score, with the understanding that sites ranking within a few points of one another merited the same level of consideration, The matrix of criteria is on the following page. After each site was assigned a point value in each category, score totals for each site were added up. The sites were first ranked by _ each member of the team and then, after comparing notes from ,he individual evaluations, by the group as a whole. The results of the group evaluation are presented in Appendix II of this report. Size (Double Weight) Ownership Existing Land Use Zoning Environmental Consideration (Double Weight) Accessibility Cost to Acquire Cost to Develop (Double Weight) Recreation Features User Appeal Bonus Point: Site Availability 1 2 acres acres Mixed ownership and nlghly fragmentea AND site is adjacent to non-compatible uses (e.g. residential, environmentally sensitive lands Sl IS zon OR site is zoned for agricultural and located outside UDB Sl AND/OR eft .ireftfflGntfill) CfldBft9tl't6 Lands (E[l) AND/OR endangered species AND/OR major contamination with very high reclamation costs wetlands presenl, but of secondary quality according to DERM greater than five miles from a major greater than five miles from a major acre very Ig 3 4 5 acres acres acres or more OR 600 acres or more but subdivide by roads or in-parcels 18 compatible uses AND surrounded by vacant land uses OR agricultural (and located inside UDB) OR AND has minor existing contamination that would generate low reclamation costs OR site sensitivity can be easily aa:ommodatedIprotected OR site is disturbed and has environmental pa AND adjacent to a major roadway pa AND within a 1 mile radius of a major roadway ava no cos m erae no cos OR all essential costs covered by private a accom recreational features or more NOTE: Strikeouts and blue text signify modifications to the original ranking matriJl, Changes wete made when the original criteria did nol fll the characl8rislics of a site (blue lexl) or a criterion became a showstopper (strikeouts), 47 Following the distribution of a draft report in December 2006, the Consultants and MDCRPD met with agencies and enthusiasts to receive feedback on preliminary findings, gather updated information on sites on the list, and determine if there were any additional sites to review for consideration. Based on these follow-up conversations, the MDCPRD identified three factors that are to be considered "show- stoppers." In other words, certain individual site characteristics were deemed to contradict the mission and values of the County and be so detrimental as to outweigh the sum of the other ranking criteria; if a site possesses one or more of these characteristics, it could no longer be considered a feasible option. Therefore, while a site may have been scored in the initial list, if it was previously obtained for conserva- tion or mitigation purposes (e.g. EEL land and/or a site dedicated for mitigation), absolutely unappealing to users, or a former County landfill site currently undergoing environmental remediation, that site was ultimately removed from consideration. SHOWSTOPPERS Site Is: . Public land obtained for conservation or mitigation (EEL site and/or site dedicated for mitigation) . Absolutely unappealing to users . A former landfill currently undergoing environmental remediation Photo source: http://artfiles.art.com/images/-/victor -aberdeen/Dirty-old-STOP-sign-Poster -C122204 16.jpeg A third meeting with enthusiasts, in a community workshop format, was held on January 24,2007, at the John D. Campbell Agricultural Center in Homestead. The user groups provided additional input on the potential list of sites and reinforced their interest in particular locations. A second survey was distributed at this workshop. Meeting attendees, around 200, were asked to complete a survey about the vehicle types and desired experiences they would prefer to see accommodated at a Miami-Dade County OHV facility and basic demographic information about area riders. Most of the riders that attended the meet- ing and completed the survey are from the southwestern portion of the county. While the results indicate there has been a surge in popularity over the last several years, OHV riding is not new to the area-the average length of participation in the sport is seventeen years, Participation is frequent-about once per week-and often occurs in larger groups-the average is thirteen. Riders are overwhelming interested in ATVs, but also regularly ride trials and enduro/woods/trails bikes. They would like to see ATV trails at all levels, trials areas, and 4WD challenge courses, but also basic skills, safety, and youth training areas for less experienced riders. Overall, riders expressed a willingness to pay for entrance to an OHV facil- ity, but they were split about their preference for an annual or daily pass system. See Appendix III for complete results. 48 I .~ '-~ / ! ! WI. '"--;J'T ,I BROWARD COUNTY l FIGURE 10: ,-SELECT ACQUISITION PROJECTS FOR T .DC ENVIRONMENTALLY ENDANGERED LANDS PROGRAM DECEMBER 4,2001 /l " SW 8th Slreel f I I, Source: Department of Environmental Resource Management <<il J Legend . 50% or more acquired . On priority list Biscayne Bay i , t, o J ~ 'J:;' l~ ~ o<{'. ~;. ~~~, \ . 1 ~... 'It? w.' ~~~, ~~, ~ ~ /} r, ., ,/" )( - .- '''',).- FIGURE 11: SIGNAGE AT OCALA NATIONAL FOREST GUIDES OHV RIDERS TO ApPROPRIATE AREA 50 ,- Following the release of the first draft of the feasibility study and the January 24 public workshop, a stakeholder agency follow-up meeting was held on February 20. 2007 to verify the most current and available information regarding the environmental, regulatory, and availability status of the potential sites. At this meeting. in addition to the sites that were presented. representatives from DERM recommended looking into lands east of the Homestead-Miami Speedway and lands at SW 100th Street and Krome Avenue. And in the months following these two larger meetings, the feasibility study team held several 'one-on-one" meetings with agencies and enthusiasts to verify the most current and available information. Since the first draft of this document was presented for public review in December 2006, the feasibility study has been substantially revised to rellect changed and additional information pro- vided by stakeholders. The final step in the process is condensed in this final report, and consists in submitting recom- mendations to the MDCPRD. - - 51 '" & '1 . ~ "!'. F " ~ , 'T J. .. r : '. " , ,..- .lis Off-Highway Vehicle Trails Feasibility Study is recommending that the following sites be investi- gated further: H Land surrounding TNT Airport U East of Speedwey Lends T FRS Holdings o Countyline Motocross Perk C Opa-locka West Airport (former) These recommendations are based on the results of the rank- ing exercise as well as additional, less quantifiable factors. This two-pronged approach was used in recognition that, while the rank- ing matrix provides a useful, fact- based comparison of the physical ~;tability of the sites, it was not _ -,signed to examine political as- pects of public decision making, shifts in the land market and other less tangible considerations. Con- sequently, some sites that initially scored highly in the matrix are not on the final list, while others which scored in the "middle-of.the-pack' are included. This compilation tries to account for the best bal- ance of factors that will expedite implementation of a solution-with the understanding that the plans, costs, and circumstances of today are subject to change. -+Q- I-----T~u I ----e- /( / /G',/ I 3: r {''':''" I I II 1- If ~ il ~- I 'I'~ rH, sw..._ i L i I , i Biscayne Bay . ~ J ( /' f \' m;J -'t 'oW' ,.[ y- \\ I{o ~\\~ 'Jl~.' \ \ __A \ ~"" .~~'~ ~fI.~1- $!.'i"~~;'Y'~~~, ,,~~~~~q, )j FIGURE 12: RECOMMENDED SITES i ~ -', -- j/ / -' Je:- 'd {!:ffi. f'!' . 55 Although owned by Miami-Dade County, this property is located in Collier County, approximately 40 miles west of Miami on the north side of US 41 at the Miami-Dade/Collier County line. The existing access road to the airport is paved, meets current standards, supports traffic to the airport operations complex, and does not impact any residential areas. The property is ap- proximately 23,100 acres and contains wetlands. About 1,000 acres of the site (completely fenced off) is a training & transition airport (paved runway and taxiway with a temporary building as an operations & maintenance office) used primarily for "touch and go" approaches by private and military aircraft. The fenced-in airstrip, which is east and south of a paved access road from US 41 , would be off-limits to any recreational use. The remainder of the property was intended to be used for a new com, mercial international airport that never was developed. There are a few (possibly several dozen) hunting "camp" sites scattered throughout the remaining property. The County has a management plan for the remaining property; it must be reviewed to identify any potential conflicts. SITE CHARACTERISTICS SIZE: 2,000 acres of a 23,100 acres site EXISTING LAND USE: Big Cypress Na- tional Preserve SURROUNDING LAND USES: Big Cypress; TNT Airport The 20,000 acres (+/-) north of the fenced-in airstrip offer a much larger piece of properly but pose the most challenges to developing an OHV trail system. The 2,000 acres (+/-) south and east of the fenced-in airstrip would be the most at- tractive area for an OHV trait system. It contains at least six man-made "lakes" created when fill material was excavated. Access to these mining sites was created by fill pad "roads" which remain to this day. This portion appears to be drier than the area north of the airstrip. Size Ownership Existing Zoning Environ. Accessi. Cestto Castte Ree. Appeal to Bonus Tot. Score Tot. Score Land Use Consider. bility Obtain Develop Features Users Point (unweight) (weighted) 5 4 3 4 3 5 4 3 5 3 1 40 55 RANKING MATRIX SCORE Pros All of the properly, which is sizable, is under single ownership, the County. The remote location minimizes impact on other activities or developments, reducing the likelihood of problems with adjoining property or land use issues. Noise, dust and light should not pose a significant issue for this site due to the lack of any significant nearby residential or commerciai areas. Thousands of acres included in the north portion of the property can serve as a buffer to the Big Cypress National Preserve. Canal 28 provides a buffer to the east. While there are a few individual home sites and camp sites located to the south of the property, significant buffer area is available between the proposed trail system and the boundaries of the property. The "lakes" and access "roads" could serve as the nucleus for an OHV trail system since they would provide elevated areas. There also is a network of established "trails" (one-lane tracks) that could be used to created loops to connect the pad areas of the "lakes" and access "roads". These existing one-lane tracks must be used to create significant distance and variety to create a loop trail system. ,. ,- This access road could be used to provide ingress to trailheeds for an OHV trail system. . Electrical and water and sewer services have been provided to the airport complex, but would need to be extended to serve adjacent lands. Cons . Due to the remote location of the site, the cross-jurisdictional complications, and the abundance of wildlife, the pro- vision of emergency medical support is a big concem. It may require the presence of a full-time, on-site emergency medical professional. However, the properly contains an active airport with runways and radio communication equipment that provides a ready-made site for helicopter transport to regional medical facilities. The site is lIat and much of the 23.100 acres may be subject to flooding during the wet season; Creating a trail system will require track hardening and elevation in places to allow the connecting trails to be used in wet seasons. This will require the inclusion of culverts and cross-drainage structures to allow water migration during the rainy seasons. Water flow considerations would have to be incorporated in the design. Without investing significant infrastructure costs, an OHV facility may only be able to operate for a portion of the year. The majority of the property lies within Collier County. Under less-than-favorable traffic conditions it could be a 60 to 75 minute drive from some parts of Miami-Dade County. While the property is outside of the Cape Sable Saaside Sparrow Protection and Restoration Area, there are other species that will pose serious health and environmental issues, including poisonous snakes, bear, wild boar, ot- ters, alligators, the hombilled wood stork, and panthers. Continued communication with the U.S. Fish and Wildlife Service will be necessary. The permitting process will be intensive because of these species, the presence of wetlands, and the possibility of being partially within the Biscayne Aquifer. . There is a large population of deer, which attract hunters with firearms. Anecdotally, it has been reported that deer can jump fences over 10 feet high and gamesman will cut through the fences to get to them. Due to wetness, aluminum fencing, which is expensive, would be necessary. but not guaranteed to be effective at separating OHV riders from hunters. ,,:~. ''''';'' ~~'" During a review meeting of the first draft of this report, SFWMD and DERM suggested looking east of the Homestead Speed- way. Because of this site's recent inclusion in the study, its recommendations is contingent upon additional due diligence, including contacting the owner and determining willingness to sell. The site is located south of North Canal Drive, north of Palm Drive, east of the Speedway, and west of SW 117th Av- enue. Comprising approximately 450 acres, these properties are privately owned, subdivided into five to ten acres lots, lo- cated outside the Urban Development Boundary, and contain forested wetlands. Their adjacency to an existing, compatible, "noisy facility" makes the site an intrigu- ing potential candidate. DERM indicated that immediate action is critical because EEL has identified this spot as a medium-term "area of interest" for its South Dade Waterway Project. SITE CHARACTERISTICS SIZE: 450 acres :t EXISTING LAND USE: vacant; agricul- ture SURROUNDING LAND USES: Homestead-Miami Speedway; va- cant; agriculture Size Ownership Existing Zoning Environ. Accessi- Castta Cast to Rae. Appeal to Bonus Tot. Score Tot. Score land Use Consider. bility Obtain Develop Features Users Point (unweight) (weighted) 4 1 4 4 2 3 2 4 5 5 0 34 46 RANKING MATRIX SCORE Pros: The site is adjacent to another noise gen- erator, so there would be fewer compat- ibility issues; there is no nearby residen- tial development. The size of the site creates opportunities for a variety of recreational features. General land values probably less than Florida Rock and Sand land due to the nearby "nuisance" factor. Disturbed wetlands, lots of exotics - likely to get permits with appropriate mitigation proposal. With appropriate boundary controls, could be designed to be compatible with EEL lands to be purchased nearby. 58 Cons: Forested wetlands require permits. This land was farmed until the 1950s, which may necessitate remediation; it could have sig- nificant implications on the cost to develop. These sites are listed for EEL purchase. How- ever, there are no current acquisition efforts. The contiguous parcels are comprised of nearty fifty private landowners. Most of the parcels are approximately 10 acres. The overall cost to obtain may be higher due to fragmentation in ownership. - 59 SITE CHARACTERISTICS SIZE: 1,000 acres :!: EXISTING LAND USE: vacant; agricul- ture SURROUNDING lAND USES: vacant; agrculture. residential Of the properties Florida Rock and Sand (FRS) owns in the area, the specific sites under consideration comprise approximately 1,000 acres and are located south of SW 31st Court, north of SW 376th Street, east of SW 167th Avenue, and west of SW 152nd Avenue. In light of the withdrawal of the Florida City Commons Development of Regional Impact application, there might be an opportunity to obtain a portion of the land for an OHV facility. Be- cause of this site's recent inclusion in the study, its recommenda- tions is contingent upon additional due diligence, including con- tacting the owner and determining willingness to sell. The parcels are outside the UDe (but within the municipal boundary for Florida City), and are currently a mix of agriculture, vacant, and rock min- ing. Size ONnership Existing Zoning Environ. Accessi- Cost to Cast 10 Roc, Appeal to Bonus Tot. Score Tot. Score land Use Consider. bility Obtain Develop Features U..", Point (unwelght) (weighted) 5 1 3 1 1 5 2 5 5 5 0 33 46 RANKING MATRIX SCORE Pros: FRS holdings consist of a cluster of large, blocks of land within close proximity. The size of the site creates opportunities for a variety of recreational features. All of the property is owned be one entity, FRS. There is already significant, existing distur- bance. As is evident from a comparison of the aerials in Figure 12, which was taken first, and Figure 11, much of this land has been filled in the recent past. If action is taken quickly, the current dirt movement may be coordinated with needs for an OHV park. The property may be available. 60 Cons: The cost of obtaining this site is likely to be very high. The uncertain status of wetland permits (wet- land jurisdiction is variable over these tracts) could delay the process. Potential obligations to complete mitigation partly underway may create discontinuity be- tween available parcels. As former agricultural lands, the site may necessitate remediation, which could have significant implications on cost to obtain and cost to develop. ~ i' l Google Earth, DERM- b. ~u.u~ SITE CHARACTERISTICS SIZE: 40 acres of a 620 acre site EXISTING lAND USE: Motocross park SURROUNDING LAND USES: vacant; agrculture. residential The 40-acre Countyline Motocross is within the 620-acre Milton E. Thomp- son Park, which is located in the northwest comer of County on the east side of NW 177th Avenue (Krome) approximately two miles south of US Highway 27 (Okeechobee Road). Only 40 acres are suited to recreation activities due to environmental constraints. It is owned by the State of Florida (Trust- ees of the Intemal Improvement Fund) and is managed by the MDCPRD. It was formerly developed as a campground, then redeveloped into an RV campground and subsequently closed over a decade ago. A campground of- fice/rest room facility building remains on the site but was partially destroyed by fire since the campground has been closed. A private vendor negotiated a short-term lease with the County to operate the motocross practice track on the site. The agreement expired at the end of May 2007; the vendor will continue on a month-to-month basis until the MDCPRD is- sues a Request for Proposal and selects a vendor to commit to a five-year contract. The track, known as CountyJine Motocross Park. is designed for MX competition motorcycles. Primary use of the facility occurs on weekends. Increased buffering, fencing, and signage needs to be considered to improve protection of the adjacent wetlands from both legal and illegal activities, The vendor who wins the five year contract will be required to install buffering to prevent riders from entering the environmentally sensitive areas. As managers of the forty-acre property, the Park and Recre- ation Department is responsible for "policing" the site and ensuring that users of the site are restricted to areas in which they are permitted. The current use of the site for a MX track may be the most effective use of a 40-acre site, However, it must be recog- nized that while a MX motorcycle track provides a needed place for a small segment of the Miami-Dade County OHV public to recreate, it does not offer a large enough area or a wide enough variety of OHV recreation experiences to satisfy the demand in Miami-Dade County. Size Ownership Existing Zoning Environ. Accessi- Castro Cost to Reo. Appeal to Bonus Tot. Score Tot. Score Land Use Consider. bility Obtain Develop Features Use", Point (unweight) (weighted) 1 4 3 4 5 5 5 5 2 3 1 38 54 RANKING MATRIX SCORE Pros The vendor is in the process of installing utility poles and stadium lighting fixtures to allow nighttime operation of the track. There is a paved access road from Krome Avenue and a major highway (US 27) is located within two miles. It may be possible to add a small off-highway motorcycle and ATV training area that could be used by Motorcycle Safety Foundation and ATV Safety Institute instructors. There are no adjacent residential or commercial areas, In order to provide restrooms, concessions, and storage (i.e. "field house") of the quality typically found in a Mi. 611 ami-Dade County park, the County may want to consider rebuilding and perhaps even relocating the structure within the forty available acres. This could create more room and opportunities for an improved configuration for the permitted OHV facilities. A small portion of the 40 acre upland portion of the site may be used as a kiosk and trailhead for the Krome Trail, a proposed greenway along the adjacent L-31 North Leveee. Cons There are only 40 acres of usable uplands within the 64O-acre site and those upland acres are clustered near the entrance from Krome Avenue; only six percent of the total acreage can be utilized for OHV recreation. The 40 usable acres accom- modate a small Motocross (MX) track and provide a limited number of parking slots, but will not provide space for any non- competitive OHV activities such as recreational trail riding. . Regardless of whether there is an increase in Park attendance when the lights are installed, increased buffering and fenc- ing from the adjacent wetlands may be necessary. According the Miami-Dade County Solid Waste Department, which is responsible for a portion of the wetlands in M.E. Thompson Park as part of their mitigetion commitments, it has had to re- ~ peatedly repair damage to the vegetation caused by illegal OHV use. The existing building on the site has been damaged by fire and vandalism and may be beyond repair. Users indicated that while Countyline Motocross Park is working well as a motocross facility, the site is too small and per- haps too dry to accommodate additional OHV facilities. .s -Near-'T'erl'l'l . 5rrE CHARACTERISTICS SIZE: 416 acres This 416-acre site is located in the northwest comer of Miami-Dade County on the east side of US Highway 27 (Okeechobee Road) at the intersection with Countyline Road. Access is from a major divided highway (US 27) and the site is located close to Florida's Turnpike. It is a decommissioned airport owned by Miami-Dade County. EXISTING lAND USE: vacant; decom- missioned airport SURROUNDING vacant, mining lAND USES: Adjacent land to the west is owned by SFWMD. Land to the east and south is currently being mined. It is necessary to explore Broward County's develop- ment plans for the properly just north of the site; it may be part of the City of Miramar. There are two existing paved runways. The runway does not need to be maintained; it could be removed. The concrete jersey barriers on the runways would need to be removed if OHVs were to use this site. The County has entered into a short-term lease with a private vendor to operate a drag strip on one of the existing runways. The Aviation Department plans to cease the lease within eight months to one year. The County Aviation Department has announced plans to sell 90 percent of the property to a private mining company-the east edge will probably be sold separately for development of a commercial use. According to the Miami-Dade County Aviation Department, the time frame for rock mining is not absolutely certain, but they hope to complete the sale by the end of 2008. Because it is unknown which company will win the Department's Request for Quote and ultimately purchase the property, it is unknown whether the mining company will begin operations immediately or hold the site for a later time. 11 the latter occurs, there may be a possibility to negotiate a lease with the new owner until it is ready to mine. Size Ownership Existing Zoning Environ. Accessi. Coslto Cost to Roc. Appeal 10 Bonus Tot. Score Tot. Score land Use Consider. bility Obtain Develop Features Users Point (unweight) (weighted) 4 4 4 4 4 5 4 4 3 5 -1 40 56 RANKING MATRIX SCORE Pros There are no adjacent residential or commercial areas. This site is very appealing to users because it is large, far from neighborhoods, full of trees, muddy enough for mud riders, and suitable for several types of riders. Cons According to DERM, this property is in the C-g wetland basin and any portion of the site not currently developed is ju- risdictional wetlands. A Class IV wetlands environmental assessment would be necessary and all applicable wetland .4 ,.-. regulations would need to be followed. In addition, DERM would require a formal letter of support for use of the property as an OHV facility from the Miami-Dade County Planning and Zoning Department. This process is likely to teke at least nine months, the majority of the anticipated window of time before the Aviation Depart- ment sells the property. Due to the uncertainty and the timeline for permitting, it is recommended that this site be viewed as no more than a short-term, interim option that could be used while developing one or more of the long term recommen- dations. - -+llt---- ,- .5 50 ... .... ,~ ~.".,;" e\ r- \ l-- ~<G ~, '1ft'! The following sites were investigated but, ,_ based on upon existing conditions, have been deemed to have either very low or no potential of feasibility given current circum- stances. - -----/-t-- / R AeroJet General (former) E Beacon Countytine, LLC o Frog Pond (SFWMD - 15 acre fill pad) N Homestead General Airport F Industrial Lands in the Lake Belt Rock Mining Area Q Ingraham Highway and SW 217th Avenue G NW 58th Street Landfill (former) W South Dade Landfill (former) and Certosa S South Homestead Lands A Surfside Landfill (former) K SW 100th Street and Krome Avenue B Vacant Lands near Dolphin Stadium L SW 232nd Street and SW 217th Avenue P SW 360th Street and 217th Avenue I SW 8th St and Krome Avenue - Priv. Land N.E. of Homestead Air Res. Base Rocky Glades (SFWMD - L-31-North Project Area) i I Biscayne Bay @, m Jd (0) [-- -~ The sites' location, ownership, size, vacancy status, site and surrounding land uses, zon- ing status, natural features, environmental considerations, accessibility, cost to obtain and develop, and general political feasibility were examined, but for one or more signifi- cant reasons-explained in bold at the be- ginning of each site's profile-they are not currently viable candidates. If adverse circumstances change, the Team recognizes a site may merit reevaluation; how- ever, in most cases, this is not likely in the foreseeable future. -' f."", '~il c:- '4' Ii > FIGURE 19: LESS FEASIBLE AND UNFEASIBLE SITES .. The size and configuration of available area is not suited to developing a satisfactory OHV facility, Unless these conditions change. the site should not be given further consideration. The site known as AeroJet General (fonner), located one mile east of Everglades National Park and on SW 408th Street, was operational as a rocket booster plant from the 1960s until the 1980s and is currently owned by the SFWMD. Access to this site, which is approximately 10 miles west of US Highway 1, is from Ingraham Highway. The entire site is in excess of 24,000 acres; the portion described as the old factory site is approximately 1,300 acres. The area of- fered for potential OHV trail use (approximately 100 acres) includes the upland area of the old factory site only-the fill pads and entrance road associated with the former booster rocket assembly facilities- and is available for lease or purchase by Miami-Dade County. The remainder of the site is not available now or in the future because of its en- vironmental sensitivity, The wetlands are designated as critical habitat for the Cape Sable Seaside Sparrow and are legislatively protected from development. This site would offer a trail riding experience far from the urban areas of Miami-Dade County and close to the Ever- glades National Park. The existing remnant AeroJet buildings would provide a trail user with an opportunity to see a part of Florida's space history. Remodeling of existing buildings may also provide a concession facility or other trail, head feature. The remote location of this site would eliminate any potential OHV/residential compatibility issues. Accommodating parking and traffic could pose a challenge; the two lane paved road connecting the entrance of the AeroJet site to the fill pads offered for OHV use can not be widened, torn up, or partially blocked because it is cradled by wetlands and it is used by nature enthusiasts for access to other portions of the site. Two facilities in particular at, tract recreational fishennan and bird watchers: Lucky Hammock, one of the most popular birding sites in the County, and an aquaculture center, which has several fishing piers, The design would have to take into consideration the site's proximity to the main entrance to Everglades National Park, which is within one mile. Everglades National Park officials are concerned about potential noise and light pollution, both of which could undennine the intent Parks' legislative designation as a "wilderness area." Again, proper buffering will be critical. Trails within the fill pad areas would require consideration (i.e. trail layout, buffers, fencing, etc.) of the adjacent wetland areas that are preserved as part of the Comprehensive Everglades Restoration Plan. Trail mileage would be limited by the shape of the parcel and the linear layout of the existing roads and other paved areas. The SFWMD plans for the areas adjacent to this site would limit future expansion of OHV trails at this location. Based on feedback from the surveys and during community meetings, the user appeal of this site is high. However, it appears that a significant portion of those providing feedback based their rank of this site not on what SFWMD offered for OHV trails-100 acres of upland, fill pad-but rather use of the entire site, wetlands included. Because the size, configuration, vegetation, and ability to design for a range of experiences and vehicle types of the actual site is much more limited than what voters appeared to vote on, the feedback may be misleading. 70 - 71 This site does not warrant further consideration due to constraints on the redevelopment of a capped landfill, lack of appeal to users, and acquisition costs, This privately owned site in northwest Miami-Dade County was formerly used as a construction and demolition recycling and disposellandfill and has recently been considered for re-clevelopment as an industrial/office pari< and as a potential location for a new Florida Marlins stadium. The size and square layout of this site would allow a good trail design with multiple loops and long trail distances. The site is bordered by the Florida Tumpike and Interstate 75, therefore perimeter buffers between OHV uses and the roadways would not be required. Residential areas are located approximately 0.5 miles east of the site on the east side of Interstate 75. Access to this site is good since there is an interchange from Interstate 75 southeast of the site directly to NW 138th Street. The location would maximize the use of the site by Miami-Dade and Broward County residents. The potential development of this parcel as well as the unknown landfill capping (formal closing of the landfill) costs are likely to result in this site being too expensive as an OHV recreation facility. It is also unknown if the property is for sale; it may be unavailable. Coordination between Miami-Dade County and the City of Hialeah and the Florida Department of Environmental Protection would be required during the acquisition and design of this site. User feedback indicated hesitancy over this site because of its former use as a landfill and the resultant condition of the soil. Photo source. Google Earth 7lI Due to small size and access Issues. this site ..s not warrant further investigation at this time, This 15 acre site is located in southwest Miami-Dade County within a large (5000 acre:l:) SFWMD restoration project. The properly is long and narrow. This site is difficult to access by vehicle because there is no paved road. Access from the south and east is blocked by a canal. from the west by the Everglades National Pari<, and from the north via an unimproved north-south berm that requires high-clearance vehicles. Potential tres- pass issues exist with active agricultural uses immedi- ately to the east of the access berm and with National Pari< land along the westem boundary of the property. However, this site should be considered as a potential site for OHV trails if adjacent lands are designated for access, trailheads, or OHV trails. Based on feedback from the surveys and during com- -.,mity meetings. the user appeal of this site is high; it <is noted appealing to a variety of types of riders and it is far from residential development. However, it ap- pears that a significant portion of those providing feed- back based their rank of this site not on what SFWMD offered for OHV trails-15 acres of fill pad-but rather use of the entire site. Because the size, configuration, vegetation, and ability to design for a range of expe- riences and vehicle types of the actual site is much more limited than what voters appeared to vote on, the feedback may be misleading. - Photo source: Google Earth n The portion of the site currently offered for OHV use is too small to justify continued consideration of this site, This 700-acrei: properly is located in southwest Miami-Dade County at SW 280th Street and SW 217th Avenue. It is owned by the County and operated by the Aviation Department. Since the majority of the property is utilized for airport operations, only a 20 acre parcel outside of the fenced in airport has been offered for an OHV park. The size of the site prevents it from further consideration as a stand-alone option. It may have use as a trailheadiaccess point to adjacent SFWMD land known as Rocky Glades (see Section III); however its potential is remote because the cost to restore or replace the bridge connecting the two sites is estimated to be prohibitive. There are several small parcels on the northern and western borders of the site which the Aviation Department has leased to agricultural operations. and these small parcels (as well as several small, adjacent privately-owned parcels) might be considered for small trail heads to access Rocky Glades. There are no adjacent residential areas. Access to these potential trail heads from SW 217th Avenue would be via an unimproved road (SW 280th Street) that would require upgrading. There is a closed bridge across the L-31 North canal that connects the site to Rocky Glades, but the cost to inspect and repair or replace the bridge to allow OHV-only or limited-load vehicular traffic is not known. Based on feedback from the surveys, the user appeal of this site is high. It was noted as great for all types of riders, especially "mudders." However, it appears that a significant portion of those providing feedback based their rank of this site not on what the Aviation Department offered for OHV trails-20 acres on the westem portion of the site-but rather use of a larger, different portion. Because the size, configuration, vegetation, and ability to design for a range of experiences and vehicle types of the actual site is much more limited than what voters appeared to vote on, the feedback may be misleading. Photo source: Google Earth 74 Due to ongoing legal challenges and significant environmental constraints. this site Is not currently a viable candldata for an OHV facility, - This 22,000 acre:t collection of properties is owned by a few private corporations (including Rinker Materials, Titan Corporation and Vecellio & Grogan). It is located in northwest Miami-Dade County north of NW 25th Street, west of Florida's Tumpike and east of NW 157th Avenue. While the site is large, land is disturbed, and access is good, the limitations are overwhelming. DERM directed the Consultant team to the SFWMD website for information on the Lake Belt Plan Phase II, which influences the type and extent of activities that can occur in this unique area of Miami-Dade County. The website indicates that approximately 50 percent of the land within the Lake BeltArea is owned by the mining industry, 25 per- cent is owned by govemment agencies, and the remaining 25 percent is owned by non-mining private landowners. Although the Vision for the future of the Lake Belt includes a recreation component, it specifically refers to "opportuni- ties afforded by the wetlands and waterways,. suggesting that passive recreational uses were those contemplated in the plan. - The Northwest Wellfield is located at the eastem edge of the Lake Bell, and is the largest drinking water wellfield in the State, supplying some 40 percent of the potable water for Miami-Dade County. The Lake Belt Plan and the Northwest Weilfield Protection Plan preclude development activity and public access to the wellfield area, and impose limitations on the types of uses and extent of development to minimize potential impacts on drinking water supplies. Other potential limitations include the planned long-term use of the area as a water reservoir, as part of the Ever- glades Restoration Plan. A decision is pending on the Sierra Club v. Flowers lawsuit. The lawsuit jeopardizes the future of limestone mining in the area. A judge issued an opinion in 2006 that the government agencies had not properly followed procedures in evaluating and authorizing continued limestone mining operations in the Lake Belt. The permits in question are for the mines operating under the Lake Belt Plan. A decision against the mining operations mayor may not benefit a potential OHV use in the area. Land acquisition, development, and mitigation costs could be substantial. The Pensucco Wetlands are located to the west, separated from the Lake Belt by an FPL easement. Accessibility and light/noise pollution would have to be minimized to protect this sensitive area from disturbance. DERM may be able to offer the MDCPRD slime sludge from the WASA well to use a source of base material for OHV trails. Based on the user appeal survey, riders of all types of OHVs were attracted to the size of the site and the potential range of activities that could be offered. The soil accommodates multiple types of riders, including mudders and dirtbike racers. - 7S Due to the potential presence of contaminants and present agricultural use, this site is not being recom. mended for further consideration, This site, located north and south of Ingraham Highway in the southwest part of the County, consists of several contiguous parcels of property (approximately 150 acres per parcel) that, combined, total approximately 625 acres. Although located in a remote part of the county, the site is easily accessed directly from Ingraham High- way, approximately 6 miles west of US Highway'. Currently, the property is used for agricultural purposes and located outside of the Urban Development Boundary (UDB). While this site would not be subject to Miami-Dade County's policy on "no net loss" of agricultural land, the MDCPRD strongly supports the spirit of the policy and not developing on farmland outside the UDB. The Agricultural Practices Study Advisory Board has stated that they would oppose an OHV facility on this site. The site would need to be tested for arsenic and other carcinogens often present in the soil of formerly fanned land. Contaminants would have significant implications on cost to obtain and cost to develop. Since the site has been used for agricultural purposes, there is limited existing vegetation that could be used to design interesting OHV trails. Site planning would need to consider the creation of features on the site to make an enjoyable OHV experience (i.e. excavation of areas, creation of topography, planting, etc.). As a cost coun- terbalance, with use of design features like trail switchbacks, it may be possible to compress the footprint of the OHV facility and purchase only a portion of the 600 acre site, thereby reducing acquisition costs. The site is contiguous to publicly owned lands (SFWMD) so the opportunity exists to extend trails offsite at a later date. However, a crossing of the C-'" canal would be necessary to connect this site with the adjacent fonner AeroJet site. The other adjacent land-uses include low-density residential areas and other agricultural uses and, therefore, no incompatibility issues have been identified at this site. The design would need to take into consideration the site's proximity to the main entrance to Everglades National Park. Everglades National Park officials are concemed about potential noise and light pollution, both of which could undermine the intent of the Park's legislative designation as a "wilderness area." Proper buffering would be critical. Round Hammock, a high quality water habitat in Miami-Dade County, is located on the southern portion of the site. It and the immediate adjacent land have been granted Natural Forest Community Protection, thereby restricting the maximum allowable development of this portion of the property to 20 percent. Mitigation require- ments would apply to any impacted areas of this portion of the site. 76 -"'<::imilar to the other privately-owned property identified in this report, the willingness of the owner to sell or lease the property , not known at this time; the property is not listed for sale and a search for the owner's contact information based on the property appraiser's database did not yield results. According to the User Appeal Survey, some riders were satisfied with the size of this site while others found it small. Gener- ally, however, they thought the size could accommodate several types of riders and is in "good condition: 77 This site does not warrant further consideration due to constraints on the redevelopment of a capped landfill and strong lack of appeal to users, The County's Solid Waste Management Department owns this site located in the north half of the county and consist- ing of approximately 400 acres. The southern third of this site has been reserved for other recreation facilities (soccer fields) and other County department facilities. The north part of the site contains an environmentally protected area. The remaining area identified for potential OHV trail use is approximately 200 acres. There are paved roads leading to the site, making it accessible from either the Turnpike or the Palmetto Expressway via NW 58th Street. This former Superfund site underwent "enhanced closure" between 1991 and 1995. These additional safety mea- sures included drainage and stormwater controls. The entire site is covered with an interrelated stormwater system of ditches, swales, culverts, energy dissipaters, and stilling basins. The eastern fifth of the site, a large hill totaling approximately 80 acres, is covered by a PVC liner and has gas vents protruding at the surface level. Therefore, riding would be prohibited on this portion of the site; proper fencing or buffering would be necessary. Any changes to the stormwater management of the site would require approval from the State of Florida. The northern third of the western four fifths of the site is covered by wetlands, which serve as a stormwater mitigation basin and recharge area for the aquifer. The wetlands provide habitat for two protected species, wood storks and bald eagles, as well as for flamingos, ospreys, and alligators. 78 The site's groundwater is tested at several locations. If gasoline were detected from OHV uses or otherwise, the County would be liable to install a remediation system. Currently, the surface water - quality is good. Because the landfill was operated between 1952 and 1982 when there were fewer safety and environmental regulations, the Solid Waste Management Department is concemed about the presence of toxins in the soil. For example, the groundwater still contains high levels of ammonia. In addition to any ensuing health hazards, they are uneasy about having the potential of having two highly flammable substances, methane hydrogen sulfate produced by the landfill and gasoline used by OHVs, intermingle. The Solid Waste Management Department used this site as a hur- ricane debris station following Hurricane Wilma in 2005. Because of the success of this staging area, Solid Waste Management is reluctant to endorse other uses of this site. The north, east, and west edges of the site are bordered by in- dustrial uses, therefore OHV recreation would be compatible with _ the neighbors. The area north of the County-owned landfill parcel 's currently being mined and there may be an opportunity in the future to extend OHV trails farther north once the mining operation is complete. While the topography and location of this site adjacent to devel- oped areas seemingly creates the potential for a unique urban OHV riding experience, the regulations associated with the former Superfund site all but prohibit the interesting integration of these features. In addition, the lack of trees or other brush on site would require designing artificial obstacles and/or substantial plantings to create OHV trails. In the User Appeal Survey, this site received a very negative re- sponse from OHV enthusiasts who were concerned about health and safety issues related to soil contamination and the dryness of the site for mudding. This opinion was reiterated at the January 2007 community workshop. 79 This site does not warrant further consideration due to constraints on the redevelopment of a capped landfill and strong lack of appeal to users. This former landfill site (approximately 107 acres) is currently owned by Miami-Dade County (Public Works and Solid Waste Management Departments). The site is currently restricted from public access (fenced) and contains a stormwater management system, methane and leachate monitoring systems, and a grass-cov- ered cap over the former landfill area. The area used previously as a landfill is approximately 15 to 20 feet above the surrounding elevations. This site provides very good vehicular access from the existing road network. There is an existing turn- pike exit approximately 1.5 miles west of the site that connects to SW 248th Street (a paved roadway to the site). The closest residential area is approximately one mile from the site and the existing surrounding land uses would be consistent with OHV recreation use (i.e. agricultural and landfill uses are adjacent to the site). The site is outside the UDS; therefore, future compatibility issues would be minimal. There may be an opportunity to purchase additional property to the south and west in the future to expand the park or trail system. 80 Landfill closure requirements include a 3D-year moni- toring and maintenance procedure. Additional coordi- nation with the Solid Waste Management Department and the Florida Department of Environmental Protec- tion would be required to identify all issues related to using portions of a closed landfill for OHV trails. This may include changes to the FDEP permit, design of the trail to include an additional barrier between the bottom of the trail and the top of the landfill, and fenc- ing/barriers around existing monitoring or mainte- nance features within the landfill. Although this site would be closer than any other available legal OHV trail area adjacent to the County, the southem location of this site would require a drive across the County for residents in the northern part of the County. This site received a very negative response from OHV enthusiasts who were concerned about health and safety issues related to soil contamination and the dry- ness of the site for mudding. \" t , ~ \ Photo source: Google Earth 81 These two sites are not candidates for further consideration because of their status as mitigation land or DERM-protected land. This site includes areas east of US 1 and Card Sound Road and south of East Palm Drive in the southeast part of the County. This location contains existing trails and disturbed areas that have been used by enthusiasts and has been described as "The Hump" riding area. Within this general area, there appear to be two separate places that contain trails. Trail Area One is generally located northeast of where US1, Krome Avenue, and Card Sound Road converge. It has been used as a staging point for enthusiasts and con- tains privately owned lots ranging in size from 10 to 20 acres. Approximately 2.5 miles southeast of this location, there is another spot with a high concentration of existing trails. This second area contains several larger, contigu- ous lots (ranging in size from 76 acres to 144 acres) total- ing approximately 750 acres on which the existing trails are located. The two major landowners are 640 Homestead Co., LLC, and FRS Holdings, Inc. The land between these two areas is used for agricultural operations. Nearby roads are narrow, unpaved farm roads. The wetlands in this section are dominated by high quality sawgrass prairie that is dotted with native-dominated tree islands and scattered buttonwood stands. Although there is some melaleuca present, it is scattered and generally of low density, therefore the wetland function is considered to be very high, Obtaining wetland pennits would likely be ac- companied by a large mitigation requirement. Eight of the parcels lie within the boundaries of the South Dade Wet- lands EEL Project, which was designated for acquisition in 1994 because of its environmental sensitivity. Acquisition of parcels by EEL is ongoing in this area and DERM has indicated that ATV riding is not considered a compatible recreational use for EEL sites. User appeal of this site was extremely high. OHV enthu- siasts, many of which are familiar with the location, terrain, and muddiness of the site, have deemed the South Home- stead Lands "great for all riders and all types of OHVs." 81 This site does not warrant further consideration due to the potential presence of hazardous substances and stTOng lack of appeal to users, - This site is privately owned and contains approxi- mately 161 acres. A portion of the site (approximately 98 acres) was formerly used as a landfill. Based on DERM records, there may be ammonia and chlorinated solvents located at this site that may increase start-up costs (need to consider reclamation/clean-up costs and risks to OHV users). It is anticipated that some of the site may be developed as an auto auction facility in the future. The status and exact location of the former land- fill has not been determined. The site is located within the City of Miami Gardens in the northern part of the County and is easily accessible from the surrounding road network. The existing canal to the south and the Tumpike to the north provide good buffers from neighboring uses. There are residential ar- eas within approximately 200 feet of the south and east property lines that would need to be considered during site planning and design. An existing landfiUlocated to the west would be compatible with OHV use. The site is currently restricted from public access by an 8' high chain link fence in good condition that would also pro- vide good containment of trails onsite. The topography and vegetation on the site would provide an enjoyable trail-riding experience for OHV enthusiasts and would offer ample opportunity for creative trails and destina- tion features. This site received a very negative response from OHV enthusiasts who were concemed about health and safety issues related to soil contamination and the dry- ness of the site for mudding. as This site does not wanant additional consideration due to its likely high cost, its proximity to residen- tial development, adjacency to a Everglades Seepage Control structure. and current agricultural use, SW 100th Street and Krome is located in the southwest portion of the County, approaching the Everglades. This 412 acre property was recommended for analysis by representatives from DERM and the South Florida Water Management District. It is under single. private ownership and zoned agricultural. Its size and single-owner status is appealing. However, there are several factors that reduce its feasibility. Its market value (estimated by the property appraiser's office to be $26.7 million in 2006) is very high. It is bordered on the south by residential development. As an agricultural property located outside the UDB, it would probably generate opposition from the Agricultural Practices Study Advisory Board. And lastly, the Everglades National Park Seepage Management Project, which is ongoing, is planning to locate a levee which would run along the eastern border of the site-the most logical access point for an OHV facility. 84 This slle Is not recommended for further consideration because of the disconnectedness of the properties and the lack of appeal to users, Although originally listed as a potential site for OHV recreation several issues were identified that resulted in this site not being ranked in the final scoring matrix. OHV trails would not be compatible with the existing over- flow parking use during sporting events on the site. In addition, maintenance and design requirements may limit the ability to negotiate a suitable lease with the property owner. The user appeal of this oo/Iection of sites was very low. It was perceived to be unsafe for unattended vehicles and trailers, too small for multiple riders, and too dry for mud riders. However, the amount of trees makes the site good for scrambling and passive riding. as Due to the potential presence of contaminants and present agricultural use, this site is not being recom- mended for further consideration. This 640-acre parcel is privately owned land adjacent to the L-31 North canal and west of SW 217th Avenue (at the north end). Access to the site for an OHV facility would probably be via SW 232nd Street from Krome Avenue. Users found this site appealing because of its location, size, and ability to accommodate several types of riders, particularly mud riders. Currently, the property is used for agricultural purposes. The site will need to be tested for arsenic and other carcinogens often present in the soil of formerly farmed land. This could have significant implications for cost. Although an OHV facility would not be subject to Miami-Dade County's "no net loss" policy, the MDCPRD would prefer to respect the spirit of the policy and not develop agricultural land outside the UDB. Also, the Agricultural Practices Study Advisory Board has stated that they would oppose an OHV facility on this site. This property is not listed for sale or lease. However, the owner was confirmed to be owned by a willing seller by a MDCPRD staff who specializes in parkland acquisition. Independently of the OHV Trail Feasibility Study, the park- land acquisition department has been researching the property for potential purchase. There may be substantial competing interest in this property to either create additional residential homes or retain the existing agricultural use. While DERM would not support residential on this property because of the site's proximity to a flood protection le- vee, the potential demand may still cause the market value (or estimated cost to obtain) of the property to become prohibitively high. With use of design features such as trail switchbacks, it may be possible to compact the footprint of the OHV facility and purchase only a portion of the 600 acre site, thereby reducing the cost to obtain. If buffered properly, the agencies see public use of the property as a better transition to the Everglades National Park than residential development. DERM and SFWMD view the existing buffers created by the roads to the north (SW 232nd Street), south (SW 248th Street) and west (SW 217th Avenue), and L-31 North Canal to the west as a plus, a way to contain riders and keep them from trespassing on prohibited, environmentally sensitive areas. However, should the decision be made to pursue a connection to the publicly owned lands to the west of the L-31 North Canal (referred to as Rocky Glades and described in greater depth in section III.H of this report), several small, privately owned, parcels in agricultural use would need to be purchased or a suitable access easement obtained. Coordination with SFWMD and a bridge crossing of the L-31 North canal would also be required for future expansion, The configuration and size of the property would allow for a variety of OHV recreation uses on the site. However, the lack of existing vegetation and natural terrain at this site would require additional design considerations. 86 The traffic generated by an OHV park and its impact on the adjacent residential neighborhood to the east would require a traffic impact study and thoughtful design. Residential areas along the east and south edges of this properly would - need to be considered (noise buffers) during the site plan process for the OHV facility. According to the Miami-Dade County Police Agricultural Patrol, in other parts of the County there have been repeated reports of conllict between OHV riders and properly owners in adjacent residential areas. Because this site is located directly west of residential develop- ment, the Agricultural Patrol called attention to the possibility that OHV use on this site will raise strong opposition from neighbors. - 87 Due to the potential presence of contaminants and present agricultural use, this site is not being rec- ommended for further consideration, This site is comprised of several individual parcels of privately owned land under the same ownership. The total contiguous acreage with the same owner is ap- proximately 621 acres and the property abuts another privately owned property to the south that contains approximately 1,170 acres. There is a series of interconnected natural water fea- tures meandering throughout the property. These in, clude Loveland Hammock, which is managed by EEL, hook-shaped jurisdictional wetlands known as Love- land Slough, and a second smaller hammock on the eastern edge of the property. The slough divides the property into two pieces, raising design and engineer- ing questions with potentially costly answers: Can the slough be crossed by a bridge? If so, what is the cost of a bridge structurally sound enough to carry OHV traffic and long enough to clear sensitive lands? If not, would additional parcels need to be purchased to create a "connector trail" between the pieces? If both sides of the property were developed, what types of buffers would be necessary to keep people from taking a shortcut through the slough to get between sides? While the complete answers to these questions are for a later stage in this process, they merit consider- ation during the feasibility phase. Should the site be chosen for further consideration, a full environmental assessment would be necessary to ensure the design of an OHV park on this site is environmentally sen- sitive and fully compliant with all associated regula- tions. In addition, the need for adequate fencing and 88 buffering should be taken into consideration as part of cost to develop projections. According to DERM of- ficials, portions of this property have been discussed in association with the CERP C-111 Spreader Canal flow-way reconstruction project; while there no imme- diate plans for this site, cooperation and communica- tion with related agencies is necessary. Similar to the other privately owned property identified in this study, this site is not listed for sale or lease and a search for the owner's contact infonnation based on the property appraiser's database did not yield re- sults. Therefore the ability and cost to purchase the property is not known. This site configuration and size would allow a myriad of OHV recreational opportunities. Other than the aforementioned sensitive water features, there do not appear to be any significant on-site restraints that would limit development of an OHV park that includes a lengthy network of trails. With use of design fea- tures like trail switchbacks, it may be possible to com- pact the footprint of the OHV facility and purchase only a portion of the 600 acre site, thereby reducing the cost to obtain. This property is currently used for agricultural purpos- es. Therefore, it is subject to Miami-Dade County's policy on "no net loss" of agricultural land. The Ag- ricultural Practices Study Advisory Board has stated that they would oppose an OHV facility on this site. This has significant implications on cost to obtain and cost to develop. The site will need to be tested for arsenic and other carcinogens often present in the soil of formerly farmed land. Surrounding uses are not ideal. Most of the property within 1,000 feet is agricultural and, according to the Miami- Dade Police Agricultural Patrol, the relationship between farmers and OHV users in Miami-Dade County has grown increasingly contentious as cases of crop vandalism have become more common. While this does not merit removal of this site from further consideration, the increased need for fencing and buffering between neighbors must be fac- tored into the cost to develop. Access to this area could be provided by one mile of paved roadway (SW 217th Avenue) from Ingraham Highway, but the design must take into consideration the site's proximity to the main entrance to Everglades National Park, which is within one mile. Everglades National Park officials are concerned about potential noise and light pollution, both of which could undermine the intent Parks' legislative designation as a "wilderness area." Again, proper buffering will be critical. Some of the users indicated that they thought this site was small. However, because they have referred to other sites of equal or less acreage as being big, there may have been confusion over the actual property in question. " This site is not currently for lease or sale, and is therefore not available for consideration for OHV use. This site was suggested by several of the attendees of the January 24th, 2007 Miami-Dade County OHV Trails Feasibility Study Public Workshop, as well as several prior stakeholder meetings. The agencies were aware this site has been historically popular with OHV users. Aerial photography showing OHV tracks throughout the properties corroborates this. DERM, SFWMD, and the Miami-Dade County Agricul- tural Patrol agreed that the land acquisition challeng- es of this site would be immense. The Miccosukee Tribe of Indians owns a large number of parcels along the northern and eastern edges fronting the road, the southeast corner was recently platted with several hundred 50' by 100' lots, and many of the interior par- cels are used for mitigation purposes. Plus, this area may become a target of CERP's Bird Drive Recharge Project, which is seeking to establish an area adjacent to Krome and 8th Street for reservoirs to stockpile wa- ter and stop seepage out of the Everglades. In a conversation with representatives from the Mic- cosukee Tribe, the Miami-Dade County Park and Rec- reation Department reported there seems to be little receptiveness on the Tribe's part to the idea of sur- rendering land on these properties to OHV use, on the basis of environmental and liability issues. In addition, according to the Miami-Dade County Ag- ricultural Patrol, there have been repeated reports of conflict between OHV riders and property owners in the densely populated residential area to the east. The site contains a lot of Melaleuca, which is prone to catch fire and generate significant amounts of smoke. There have been several fires over the years, which the Agricultural Patrol suspects were the result of ar- son or tailpipe emissions from unauthorized OHV use mixing with the dry vegetation. 90 Due to the site's present agricultural use, It is not being recommended for further consideration, _This "site" is loosely comprised of lands to the north and east of the Homestead Air Reserve Base (HARB), an area which -Ontains several sizable parcels (up to 160 acres) under single ownership. Most of the properties are used for row-crop agriculture (e.g. Alger Farms-S of HARB; Barry M. Brandt Trust-SW and N of HARB), tree farming (e.g. Manuel Diaz farms N of HARB, and several smaller tree farm companies E of HARB), or mining (e.g. Singletary Concrete Products, which owns over 1,000 contiguous acres, mostly rock mining lakes). One to two miles west of HARB (S of SW 312th Street) is the north end of the FPL mitigation lands and some SFWMD land; much of this is part of the Acceler8 Water Plan, which would likely make it difficult or not possible to obtain fill permits. The property is within an area targeted by the Agricultural Practices Study Advisory Board for continued farming, and the Board has indicated that it would not be in favor of this site for OHV use. Due to significant environmental, archaeological, and access factors, this site is not recom- mended for additional investigation at this time. The property, which is approximately 730 acres in total, is located west of Krome, east of the L-31 Canal, and just less than a mile south of SW 8th Street. It is comprised of two parcels. The first is 209 acres and owned by the Department of Justice (owned by the Army Corps of Engineers until June2007); it has no direct access to Krome, but rather has ingress/egress via a narrow strip of land connecting it to the Everglades Correction Institution to the north. Throughout its history the property has been used for a variety of activities, including a processing center for illegal immigrants and alleged CIA operations and Nike missile site. Today, it has fallen into disrepair and appears to be used mostiy for paintball and unauthorized graffiti-ing. The second parcel, which surrounds the former, totals 524 acres and is privately owned by La Primera International Corporation. Both properties are categorized as "unzoned." According to the DERM, Wetlands section, all of the 524, privately owned acres are "high quality" wetlands and, therefore, developing this site in any way would be extremely challenging. Not only is there a high like- lihood the Park and Recreation Department would be denied the necessary permits, the process would be subject to the approval of the Miami-Dade County Planning and Zoning Department, who would have to en- dorse an OHV facility on land currently designated as "open land/vacant: In addition to these obstacles, the site also contains archaeological "midden" or deposits such as shells, bones, and refuse that indicate human settlement, and environmentally valuable tree islands, 91 91 This 5000-acre:!: site is located on the western edge of Miami-Dade County, south of SW 168th Street and north of SW 288th Street. It is a long (7 to 7.5 miles) and narrow (between .25 miles wide in the south to 1 mile wide in the north) property bounded on the west by the Everglades National Park and on the east by the l,31 North Canal. Ac- cess on the north end is via SW 168th Street. Krome Avenue is approximately 4 miles away, and does not provide direct access to the site. "Rocky Glades" is a series of properties owned by SFWMD, purChased for an environmental engineering water conduction project, the components of which include two levees, several pump stations, impoundments, reservoirs, and the canal system. SFWMD rules do not permit the riding of OHVs on levees; as such, there is no access to the levees nor along the canals, which are currently protected by a Y. mile wide buffer of eight to ten foot tall grasses. SFWMD has indicated that, in consideration of its goals for water storage and the improvement of water quality at Rocky Glades and the construction timeline for the project, utilization of the property for either short-term or long- term off-highway vehicle use would not be appropriate. The District requested that the this site not be utilized for OHV use. The large size ofthe site and the existing vegetation offer the potential for an extensive, designated trail system in a non-urban setting. However, the site would present challenges in design, construction, operation and maintenance that would require unique solutions. In order to protect sensitive areas and water management structures, facilities and agricultural operations, this site would require a substantial investment in trail marking, user education and on- the-ground enforcement presence. While there are very few residential parcels in the vicinity and a limited number of private in-holdings within the site, there would likely be competing interest in the land from the farmers who owned the property prior to the project. However, according to SFWMD, some of the land-particularly to the west near the reservoirs-is likely to be too wet to farm or ride year round. User appeal of this site was moderate to high. While it was only the 5th most popular site at the January 2007 public meeting, results from the surveys indicated that it was good for trails, wet enough for mudding, in a location accessible to all County residents, and has an appealing mix of vegetation. 94 -- '\ ~"~:~ ';t t I ,......".. f/II/IF ",/~ The results of the Off Highway Vehicle Trails Feasibility Study indicate that while there is no single, ideal site for an OHV facility in Miami-Dade County, there are several that merit further investigation (See Appendix for -- ! complete rankings results). It is highly recommended that the County pursue these options simultaneously, rather than one at a time. Due to the changing nature of conditions, there is no definitive order of suitability. However, Land Surrounding TNT Airport appears to offer the greatest opportunity for long term development of multi-purpose OHV facilities. FRS Holdings and Land East of the Speedway also offer a possibility for a long term solution, however the time and money associated with the assembly of private parcels may prove to be prohibitive. The Countytine Motocross Park in Milton E. Thompson Par1l is well suited for the conditions of the site and provides a location where a small portion of the OHV public-motocross users- can recreate. Therefore, it is recommended to continue the current operation. while recognizing that this motocross motorcycle track alone does not offer a large enough area or a wide enough variety of OHV recreation experiences to satisfy the demand in Miami-Dade County. Based on its current popularity as a practice motocross track, and future potential as a MX competition track with lighting for evening events, the Par1l and Recreation Department should continue to pursue approval from the State to issue a RFP for eligible vendors. The RFP process will allow the Par1l and Recreation Department to enter into a long term, formal agreement with a private vendor to operate the site, and increase the likelihood of making this facility a permanent fixture. Acknowledging the intent to conduct future mining operations, the Opa-Iocka West Airport site will likely __ serve, at best, as an interim solution. However, if the plans for mining do not come to fruition or an agreement can be reached that allows both uses on the site, this facility could have long term possibilities. After review by the MDCPRD and stakeholder agencies, the recommendations in this report were presented to the public at large at a meeting on July 18, 2007. Subsequently, the MDCPRD will brief the Board of County Commissioners on the results of the study, and request support to pursue grant funding through the State Di- vision of Forestry and the State DEP Office of Greenways and Trails for acquisition, design, and construction through upcoming grant cycles. The MDCPRD is in the process of establishing a strategy for pursuing two or more OHV recreation sites simultaneously. In the interim, the MDCPRD will continue to carry forward its intent to issue an RFP to select a private operator for the Countyline Motocross Par1l on a five-year lease. -- 99 _:'~~ 10; <:>; , -j,. ~ . , 'If .,\,,~~,ri , . ;"J '~I tJ , , , . .' ~, '~ Funded by a grant from DOF, WRT and its sub-consultants, Jack Terrell of the National Off-Highway Vehicle Conservation Commission, and Scott Lamb P.E. of Lamb and Associates, have been working on this feasibility study with the MD- CPRD since April 2006. WRT is a widely recognized planning and design firm with a long-time presence in, and in-depth familiarity of, Miami-Dade County. WRT has built a nationwide reputation for its planning and design of parks of all types and scales. Princi- pal Gerald Marston, FASLA, and Associate Silvia E. Vargas, AICP, LEE[)@ AP, served as the team leaders and project managers; Project Planner Lindsey With- row, LEED@AP, conducted the site suitability analysis. These professionals also brought to the team their vast experience in conducting public participation and consensus-building processes. - Jack Terrell served as the team's OHV expert. As Project Coordinator for the NO- HVCC, Mr. Terrell has been responsible for planning, and conducting Off-High- way Vehicle Recreation Management workshops for national, state and local land managers and landowners, and Association Development workshops for OHV enthusiasts and other recreation stakeholders. For the past six years, Mr. Ter- rell has been the Chair of the Florida OHV Advisory Committee, and previously served in a variety of committees and organizations dedicated to the advance- ment of responsible OHV recreation. Mr. Terrell has been a trail rider and cross country motorcycle competitor since 1960. Scott Lamb, P.E., of Lamb and Associates Inc., served as the study's civil and environmental engineering consultant. In addition to his professional credentials, Mr. Lamb brings to the team the experience of his long-time involvement in OHV activities, including but not limited to the NOHVCC (Florida State Representative); Florida Trail Riders (12 year member/racer); and American Motorcyclist Associa- tion (12 year member). Mr. Lamb also constructed and marked hare scramble and enduro trails (e.g. annual Croom, Richloam, and Daytona enduros and FTR Benefit Hare Scramble). - The Consultant Team worked closely with, and under the direct supervision of the MDCPRD's Assistant Director for Planning and Development, Barbara Falsey, Chief of the Planning and Research Division, Maria Nardi, Park System Plan- ning Section Supervisor, Mark Heinicke, Park Planner 3, and James A. McCall, Park Planner 21Project Manager. Prior to hiring the consultants, the Department conducted a preliminary background study on OHV parks throughout the Country, with an emphasis on the riding situation in Florida. Size Ownership Existing land Zoning Environmental Accessibility Use Considerations Opa.locka West Airport 4 4 4 4 4 5 former) Land surrounding 5 4 3 4 3 5 TNT AirDOrt Countyline Motocross Park 1 4 3 4 5 5 Rocky Glades.SFWMD 5 3 3 4 4 3 Ingraham Hwy and SW 5 1 5 1 2 5 217th Avenue SW 360th Street and 217th 5 1 5 1 2 4 Avenue Florida Rock and Sand 5 1 3 1 1 5 Holdinas East of Speedway Lands 4 1 4 4 2 3 SW 232nd Street and SW 5 1 5 1 2 4 217th Avenue NW 58th Street Landfill 4 4 4 4 2 5 I'former) Private land N,E, of 4 1 5 1 2 5 Homestead ARB Indust. lands- Lake Belt 5 1 2 4 1 5 Rock Mininll Area SW 100th St and Krome 4 1 1 4 4 5 Ave, SW 8th St and Krome Ave. 5 1 1 4 1 5 South Dade Landfill 2 4 3 4 4 5 former) and Certosa Aerojet General (former) 1 3 3 4 2 3 Beacon Countyline, llC 5 1 4 4 2 5 South Homestead Lands 3 1 3 4 1 2 Surfs ide landfill (former) 2 2 2 4 2 5 104 Cost to Acquire Cost to Develop Recreation Appeal to Users Bonus Point Total Score Total Score Features (Availability) (unweighted) (weighted) . ~~ 4 4 3 5 -1 40 5& 4 3 5 3 1 40 55 5 5 2 3 1 38 54 4 3 5 5 -1 38 54 3 3 4 5 0 34 47 3 3 4 5 0 33 46 2 5 5 5 0 33 46 2 4 5 5 0 34 46 2 3 4 5 0 32 44 4 2 3 1 -1 32 44 - 1 4 5 5 0 33 44 2 4 4 5 -1 32 44 2 3 4 3 0 31 44 2 3 5 5 ,1 31 42 4 1 2 1 -1 29 40 4 2 2 5 1 30 39 1 1 4 3 0 30 39 1 3 5 5 0 28 36 1 2 4 1 -1 24 31 ,.:t./ote: The weighted total was derived by multiplying the scores received for the double weight categories (size, environmen- .:onsiderations, cost to acquire, and cost to develop) by two and adding the sum of those scores to the sum of the scores in the remaining categories. 10S January 24, 2007 Community Workshop Survey Feedback Miami-Dade County Off-Highway Vehicle Trails Feasibility Study A survey was administered to attendees of the Wednesday, January 241h, 2007 Miami-Dade County Off-Highway Vehicle Trails Feasibility Study Community Workshop. From the 140 surveys that were returned, data was gathered about Miami-Dade County OHV enthusiasts' basic demographic information, riding habits, vehicles types, desired experiences at-and willingness to pay for the use of-an OHV recreation area. BASIC DEMOGRAPHIC INFORMATION AGE (average): 34 GENDER (percent): 81% Men; 19% Women LOCATION WITHIN COUNTY (percent): N 5% S 14% E 6% W 4% NE 1% NW 4% ..S.E.................... .......J.%. : SW 60% · .(i'NKNOWiiC............ ... . ....SoX.. RIDING HABITS LENGTH OF OHV PARTICIPATION (average): FREQUENCY OF PARTICIPATION (average): SIZE OF GROUP (average): 17 years 51 times per year (i.e., weekly) 13 persons PREFERRED VEHICLE TYPES There are four vehicle type categories. Off-Highway Motorcycles (MX, Enduro/WoodsfTrail, Trials, Dual-Sport), All Terrain Vehicles (Sport, Utility), Four Wheel Drive Vehicles (Jeep, SUV, Truck), and Other Motorized Vehicles (Dune Buggy, Rail, Swamp Buggy). Survey participants were asked to mark which vehicle or vehicles they would like to see accommodated at an OHV facility. UTI L1TY SPORT TRAILS ENDUROIWOODSfTRAILS TRUCK DUAL-SPORT 106 votes 98 67 63 63 43 106 - MX SWAMP BUGGY JEEP SUV DUNE BUGGY RAIL 40 37 32 29 22 19 DESIRED EXPERIENCES Enthusiasts were asked to check the facilities and amenities they would like to have in an OHV recreation area in Miami-Dade County. - RECREA TIOH FACILITIES: TRAILS-ADVANCED TRAILS-INTERMEDIATE TRIALS AREA BASIC SKILLS TRAINING AREA YOUTH PRACTICE AND LEARNING AREA TRAILS-BEGINNER SAFETY TRAINING AREA 4WD CHALLENGE COURSE PIT AREA ADULT BEGINNERS PRACTICE AREA MOTOCROSS (MX) TRACK SUPERCROSS (SX) TRACK SUPPORT FACILlTES PARKING AREA REST ROOMS PICNIC AREA CAMPING AREA SHEL TERlSHADE SHOWERS CONCESSIONS MAINTENANCE, ADMINISTRATIVE AND EDUCATIONAL FACILITIES PLAY AREA OBSERVATION AREAS 120 votes 108 100 98 97 94 92 92 84 75 66 42 123 votes 118 109 108 85 77 67 59 56 54 In addition to the facilities listed above, survey participants indicated interest in a mudding area, a fire pit, a bike cleaning station, ATV rental, and youth trails. WILLINGNESS TO PAY (percentl YES 79% YES, but prefer annual pass to dally pass 9% NO 13% - 107 ~ .' .'" : -,,'~' , '"". -~~ ",-.. ;11", LAND AROUND TNT AIRPORT Photo source: WRT loa :~ ~",.,~. ,. . ,~::'1; j'" < ..~f - lOll .~ - QpA-LOCKA WEST AIRPORT Photo source: \fliRT 110 , COUNTYLlNE MOTOCROSS PARK - - ,- Photo source: WRT e .. ~, "~: ~ III EAST OF SPEEDWAY LANDS Photo source: MDC Park and Recreation Department :.. ":'~"'" ,,'" ~, ,.....>'.".~.,., ,Jt..: .....r, *'"-, ~ ';' .~ ..' .;.< - ,. ";(,,", .~. '~. ;:. ;..~\l\~~~ , ~t~/' I. :,.~~&~,:,~, .', '~~.:. 'l,i.c~::"Ifj;'<"~ "~"~'.k~' ~ - . --~ ~~~!" :.;:~~ ''''~ . ~~.) ~!;'~'-'''''~-' h!~~..t~' " .;C.t:!.., -... .c ~-<~~$~:~~;+,,'::";,-/. ,~> ?:t~"', "i' ~(~~.,i~.;.:Z ,...~, '.;,< '" ,..tJ""l"t~ ..~ lit '. _.~...~ ,-.' ~ ' C~...""<",,.(,: ';o"~.., ,~-,,~~,. :i.(;'I. :v..._"'~'t'.r~_i~ x: f.. '~.~ 'C, '.....__"A~; ,_:<~~::~;~;~~~~~ - ?\;'~~'\ I ~!, \. ~,,' \, --~ .' \C \\~ -~l "",-, ~' 'l'€,"~ ~~1,;~~)~ ,.", _~,i'Ift , '"i" ,. t--- I i f a" . h;~; . -ti.:.~-; ,'..,' ""', ..-..',......- ",;, ,', - .~;ic:::)~:,., ... - ....;Z:::::'5'~~~~}.:,' .:;':ri,,\ti'? , , " ~:~;~:t,"~\':~~~ .' ._,..,~" c >~- ii':.~"T:~~_ ;;4hi-';::;i~~iIJJ~'(:"';';'~"":~: \, . . ~ .-~i ,...,....,,;./J.i.,'~..~-.,._, '; ~-"W l'~?),L"" ',' _.}.~:'i>,: FRS HOLDINGS III SW 100TH ST. AND KROME AVE, Photo source: I\tlDC Park and Recreation Departmenl . -------- ----. --- ~ ----~-- 114 LAND SOUTH OF EVER- GLADES CORREC, INSTN Plloto source: i\j10C Park and Recreation Department -~ ,"\, ~'-"~'~4 ~_::~;,::c' lIS SOUTH DADE LANDFILL Photo source: WRT ,,~l!j ".' -._~~ ;.-;;f/,tf$~ lib .- I!'", ',-. ~> t-,. ~" - 'T\j ~'-< A ,~ ""-":-,,,,s-,; 117 AEROJET GENERAL (FORMER) Photo source: WRT ..., ,",.,c."..,..'..... "">" r-'~i;!- . ~'l'.~?~'l!~~,pC'~ :', 118 - - 58TH ST. LANDFILL Photo source: \NRT FROG POND Photo source \j/?T 119 FORMER SURFSIDE LANDFILL Photo source: MDC Park and Recreation Department ItO ~~ BEACON COUNTVLlNE "IDC Park and Recreation Department Photo source ,- - III lit - ROCKY GLADES Photo source: WRT IllS HOMESTEAD GENERAL AIRPORT Photo source: MDC Park and Recreation Department .. :;:;~~t~i;-~f , 114 ... _-c '''.''.^_.'~ ,- VACANT LANDS NEAR DOLPHIN STAD. Photo source: MDC Park and Recreation Department liS INGRAHAM HWY & SW 217TH AVE, Photo source: MDC Park and Recreation Department _"~"J"" " >~"c-- ", ,,' t<'.v.l.",~: ,,<>~:" r-:>.,~".,.-''f,'': -,<~,',t-i" 0..,- ': '-:,.~:-;, SW 360TH ST, & SW 217TH AVE. Photo source: MDC Park and Recreation Department 116 ..iJ~~.A.1\~~b'!III!I.. SW 232ND ST, & SW 217TH AvE. Photo source: i\t1DC Park and Recreation Department 117 LAND NE OF HOMESTEAD ARB Photo source MDC Park and Recreation Departrnert I"'" .,i'-'. ',.'- JM'<,.,} '?::.~::;:';.--,;::;::::;:, -; ,',' .{~, !~..~ .L', "! .~l . J~i\ , il i .l~~':, :';~:;r'\:'f~ ", h 'OJ h ,;.,."~,,<,,, ~ ~';4f. :"I.~~ ~::I,:, '~- , . ~iv.'".' ..~, ,-' 1 " ~'J,'4'!!'" . '"",....",\. . ;:~!9mL_~ -..,.----~~~~ ~ Ji/!';'..;t'. WARNING --'I " !1 ., " ~(.- : " ,,~,: lJ.s.i..;;Fo~'~:;;atar",lion i 'r" , ~:A~.i. "y" ,?~r~'i~f~~~ ..~ Il"', ..- :b;.;. ~:ct~"',;;fl~.0~Ki,, .:. .;,<,i ,;";>:-';:' " ~ -",. ,,-., "1 ;~:rt'~~~:~~!~?~_~~~~~~~~_'>.,;.;,': . ~,~~, i" _:~F~{ij;"" ~,._,,<....:/:..:,.;; "~:~- -.~ -~. -", .-.' J\~~i'(:,': ',' -. .-'! -: ,': ~ ~~~::J:'~\:-:- '\_~jl'~..&':'_"',> :-i>:~>t:f_:--'~--"_~ -~.:.:: -,:0.;..,,-' 118 SW 8TH ST. AND KROME AVE. Photo source: MDC Park and Recreation Department .';~'"~ \;~~J~~ :~~~r~\::...\:. ' .-~.,_. -",.. "_... : ",",-'.',"-~~-, -.... ''''-- II' For fI\OI'C dctials Yilt; www.FI~alhJ.COR\. FIOricJa~allY lib Fl'l'lual Florida FlTV Qall&j II vou OU\. GI\ f:\TV at 0IrtbIlc ar\,d care aboW flav'''lJ Q place tIo ride, 'P' !pc tIo alltMq,d. lhis tally has been organized to bring all off road enthusiasts together to take a stand. We as taxpaying, \o'Oting and hard working citizens will he heard as one voia: on this day, If you don'tllke driving for hours to get to legal riding places, then come out and be heard. Bring your arv's, dirtbikes and UTV's to show the public bow much we aU low: and invest in our SpOrl or hobby. lhcrc will be coverage by several media oudcts and hopefully some of our elected officials from the state and loca.Ilcvds wiD be there as well. Thcre will also be several dealers on site (0 show their suppon 35 well as their products. There is a motocross track and trails for those who want to ride (for a separate fee . payable to Quicktrack MX). [f you need to camp for the night RY's. trailers and tents arc welcome at no additional cost (primitive only). lhis will be a history making event that will set a precedeDt for all rallies in the future. Bring your whole family as well as your food and drinks to make a day out of it. Several speakers for the cause will be on hand and wakiog presentations. If we all stand as one, we can make a difference. potVatl Fbi~"aftl ~--. 'IIth<<'cR ...1...."""'" -1pON c..., oP o.tcv\,do ~ ~,Il.lI~l\t....d"....1\ f{IWIo. id CI <Oft\. I~ ~ Ijluad I..." Wjl/l\<""l Tr_ CoaIIl ttcwlda l\DWG1a1i 1\ -I\QlollarIpON. CIIe) ~ 6lfT COl\IT POWEllIPOQTI lllC Br_d Courpf ItrboalI, ItnI'lllCldl CIf\d CaIv", .ti.1\ (Nt; IlTYlLlIl....Clc,' <OIIl.~ IIllc ~..2007 ~ 1l~':-~::Oo8"'P:~io, ~r,.~ ~Wc'" ~~ ~@o~ (_l From Orlando or Tampa take 1-4 to Lakeland - Exit 38. Proceed to State Road 33 north for ;J half mile go past Tomkow Rd. QUICK TRACK MX will be on your 'eft at the USA INTERNATIONAL SPEEDWAY. Guest speakers start at 4pm, and the raffle will be held directly afterwards. Gates open on Friday 18th. ISO Montgomery, J.M. & Reckord. Langus riverfront park off road vehicle feasibility study. Report pre- pared for Everett, City of Everett, Parks and Recreation - Lacey, R. M., Balbach, H. E., Baran, R. S., Graff, R. G., & Construction Engineering Research Labo- ratory. (1980). Evaluation of areas for off-road recreational motorcycle use. Champaign, IL. Spring- field, Va., Construction Engineering Research Laboratory: National Technical Information Service distributor. Lacey, R. M., Severinghaus, W. D., & Construction Engineering Research Laboratory. (1981). Evalu- ation of lands for off-road recreational four-wheel drive vehicle use. Champaign, IL.Springfield, Va., Construction Engineering Research Laboratory U.S. Army Corps of Engineers: National Technical Information Center distributor. Off-highway Safety and Recreation Off-Highway Vehicle Safety and Recreation Act Report (http:// www.fl-dof.comlforest_recreation/OHVSafetyandRecreationActReprt.pdf) Big Cypress National Preserve ORV Use Guidelines (http://www.nps.gov/archive/bicy/newrules, htm) ATVSource.com (http://www.atvsource.com/articles/articles/2006/052406J>laces_to_ride_croom_ ohv_area_lI.htm) - http://www.f1dof.com/forest_recreation/ohv_private.html The Florida Department of Agriculture and Consumer Services, Division of Forestry. Off-Highway Vehicle Guidebook. Fogg, George E. Park Guidelines for Off-Highway Vehicles: A Resource Guide to Assist in the Plan- ning, Development, Enhancement, and Operation of OHV Recreation Facilities, National Recreation and Park Association and National Off-Highway Vehicle Conservation Council. 2002 ISI ~ APPENDIX V.D.5b.2 COLLIER COUNTY PARK AND RECREATION DEPARTMENT LETTER ,- ,.- ~,. \ ____._1 I ___..., I ......,... ......_1.. _, I ___,'-' __I'" ____ Parks and Recreation Department ~, 15000 Livingston Road - Naples. Florida 34109 - Phone (239) 252-4000 - Fax (239) 252-8657 ~. Webs~e: calliergov.ne! - June 2, 2009 Mr. Kevin Asher Park Planner! Project Manager 275 NW 2nd Street Miami, Florida 33128 Dear Kevin: Please find enclosed a Resolution that will be presented to the Collier County Board of County Commissioners on June 9, 2009 for approval. The Resolution Suppol1s the development of the Miami-Dade County Park and Recreation Department's effort to create a recreation area, iaclusive of Off-Highway Vehicle use, at the Transition and Training Jetport (TNT Airport) site located in Dade and Collier Counties. The Resolution is evidence of Collier County Parks and Recreation desire to work. closely with Miami-Dade County Park. and Rl:creation Department to achieve Collier County goals and objectives related to inereased locations to enjoy this recreational pursuit. As you're aware, Collier County has actively been in search of suitable park. land to offer recreational and OHV activities. In 2003, South Florida Water Management District (SFWMD) and Collier County entered into an agreement to provide 640 acres for all terrain vehicles (OHV) activity and later amended the agreement in 2007 to provide a temporary site for OHV's aloog with a pennanent site at Lake Trafford. While we have carefully investigated a nwnber of other Conservation desigl'Ated lands in Collier and Hendry Counties, it appears that TNT has great potential to meet permitting requirements and establish itself as a premium off road destination for Dade and Collier citizens alike. If you need further information or have questions, please do not hesitate to contact me at (239) 252-4035 Sincerely, / /~t/, # Ittu- I Barry ~~iams, Director Collier ~~unty Parks and Recreation Naples, Florida 34109 Appendix V.D.5b.2 ".- APPENDIX V.D.5b.3 F.S. 260.03, DEFINITION OF OHV ".- ,- Appendix V.D.5b.3 Definition of OHV Section 261 ,03 Definitions (partial) (1) "Advisory committee" means the Off-Highway Vehicle Recreation Advisory Committee created by s, 261 ,04, (6) "Off-highway vehicle" means any AN, two-rider AN, or OHM that is used off the roads or highways of this state and that is not registered and iicensed for highway use under chapter 320, (9) "System" means the off-highway vehicle recreation areas and trails on pubiic lands within the state, Section 261.20 Operations of off-highway vehicles on pubiic lands; restrictions; safety courses; required equipment; prohibited acts; penalties, .- (1) This section applies only to the operation of off-highway vehicles on public lands, (2) Any person operating an off-highway vehicie as permitted in this section who has not attained 16 years of age must be supeNised by an adult while operating the off-highway vehicle. (3) Effective July 1, 2008, while operating an off-highway vehicle, a person who has not attained 16 years of age must have in his or her possession a certificate evidencing the satisfactory completion of an approved off- highway vehicle safety course in this state or another jurisdiction, A nonresident who has not attained 16 years of age and who is in this state temporarily for a period not to exceed 30 days is exempt from this subsection, Nothing contained in this chapter shall prohibit an agency from requiring additional safety-education courses for all operators, (4)(a) The department shall approve all off-highway vehicle pubiic safety- education programs required by this chapter as a condition for operating on public lands, Dade-Collier Cypress Recreation Area Page 1 of 3 Appendix VD.5b,3 (b) An off-highway vehicle must be equipped with a spark arrester that is approved by the United States Department of Agriculture Forest Service, a braking system, and a muffler, all in operating condition, (c) On and after July 1, 2008, off-highway vehicles, when operating pursuant to this chapter, shall be equipped with a silencer or other device which limits sound emissions, Exhaust noise must not exceed 96 decibels in the A-weighting scale for vehicles manufactured after January 1, 1986, or 99 decibels in the A-weighting scale for vehicles manufactured before January 1, 1986, when measured from a distance of 20 inches using test procedures established by the Society of Automotive Engineers under Standard J-1287, Off-highway vehicle manufacturers or their agents prior to the sale to the general public in this state of any new off-highway vehicle model manufactured after January 1, 2008, shall provide to the department revolutions-per-minute data needed to conduct the J-1287 test where applicable, (d) An off-highway vehicle that is operated between sunset and sunrise, or when visibility is reduced because of rain, smoke, or smog, must display a lighted headlamp and taillamp unless the use of such lights is prohibited by other laws, such as a prohibition on the use of lights when hunting at night. (e) An off-highway vehicle that is used in certain organized and sanctioned competitive events being held on a closed course may be exempted by departmental rule from any equipment requirement in this subsection, (5) It is a violation of this section: (a) To carry a passenger on an off-highway vehicle, unless the machine is specifically designed by the manufacturer to carry an operator and a single passenger. (b) To operate an off-highway vehicle while under the influence of alcohol, a controlled substance, or any prescription or over-the-counter drug that impairs vision or motor condition, (c) For a person who has not attained 16 years of age, to operate an off- highway vehicle without wearing eye protection, over-the-ankle boots, and a safety helmet that is approved by the United States Department of Transportation or Snell Memorial Foundation, Dade-Collier Cypress Recreation Area Page 2 of 3 Appendix V.D,5b.3 ,-. (d) To operate an off-highway vehicle in a careless or reckless manner that endangers or causes injury or damage to another person or property, (6) Any person who violates this section commits a noncriminal infraction and is subject to a fine of not less than $100 and may have his or her privilege to operate an AN on public lands revoked, However. a person who commits such acts with intent to defraud, or who commits a second or subsequent violation, is subject to a fine of not less than $500 and may have his or her privilege to operate an AN on public lands revoked, (7) Public land managing agencies, through the course of their management activities, are exempt from the provisions of paragraph (5)(a), - Dade-Collier Cypress Recreation Area Page 3 of 3 Appendix VD,5b,3 ".- APPENDIX V.D.5b.4 EXISTING TRAIL CONDITIONS ~ ,~ <(s WO o::N <(Z - ZtJ) 0.... -0 ....<( ~a. 0:::E O- W:::! 0::<( ~O:: .... W. 0::tJ) a.Z >0 0- .... 0::- we _Z ""'0 ""'0 80 .z w- e.... <(~ e>< w a ... ~I SNOI.LIONO:J 11~ .L ::JNI.LSIX3 - .'qg'O' ^ XION3dd\l III Q) !!! +w 'E ~ .s 10 0 Z (IJ~~-a o '" 0 ;;: II cil € .c 0. 0 o E - ,~ ~ ,~ ...... CIJ ~ ~ l; ~ J! "t:J 0 ~ III N 5 CD u >- o c: III t> lD ::; ~ m ~g-iD 5 :; :3 f::! o ~ 2! ::J t>6<~ - APPENDIX V.D.5b.5 CONCEPTUAL DIAGRAM - - -l]-~Ti~11!'- ,'0 :-:'.j -~; in' MILLE~EGG -- ---------- -- DADE.COlLlER CYPRESS RECREATION AREA COLLIER COUNTY, FLORIDA FOR: MIAMI-DADE COUNTY --""'""...---...."" "=::::::""~ - """' ,- --- APPENDIX V.D.5b.6 EXCERPT FROM STATE COMPREHENSIVE OUTDOOR RECREATION PLAN (SCORP) ,-- - OUTDOOR RECREA TION IN FLORIDA ZOOO Currently, saltwater beach activities, bicycle riding, and hiking are the most popular resource-based activities, while pools and golf courses attract the most user-oriented activity. South Florida (Region 11) Coastal Counties: Broward, Dade, and Monroe Non-Coastal Counties: none Located on the southernmost tip of the Florida peninsula, South Florida encompasses more than 4,200 square miles. The region borders the Florida Straits on the south, the Gulf of Mexico, Glades and Hendry Counties on the west, Palm Beach County on the north, and the Atlantic Ocean on the east. Primary urban centers are Fort Lauderdale, Hialeah, Key West, and Miami. South Florida's warm climate is subtropical marine in Broward and Dade Counties, and tropical marine in Monroe County. Most rainfall occurs from May through early October. Outdoor Recreation Resources South Florida bas an abundance of natural resources. The Everglades and the Florida Keys provide South Florida with a rich diversity of plant and animal life within its low coastal topography. In addition, the Atlantic Ocean and its sandy beaches, numerous bays, coastal marshes, marine sanctuaries, Florida Bay and Florida Keys offer excellent opportunities for camping, hiking, swimming, bicycling, fishing, boating and saltwater beach activities. Table 5.21 shows the South Florida region's outdoor recreation resources by provider. South Florida's abundant marine resources, which include the Florida Bay, Biscayne Bay, Florida Keys National Marine Sanctuaries, and the John Pennekamp Coral Reef State Park, provide world-famous opportunities for nature study, fishing, boating, and swimming. The Great White Heron, Key West and Key Deer National Wildlife Refuges offer a combination of land and water-based opportunities, especially for nature study, fishing and boating. South Florida's diverse cultural and historical resources are unlike any other region in the state. There are many recognizable stnlctures and sites, which include Indian mounds, Miami's Freedom Tower, Fort Zachary Taylor, the Barnacle, and Cape Florida Lighthouse. Outdoor Recreation Particioation Table 5.22 indicates a regional need for resources and facilities to meet demand for hiking, swimming, bicycle riding, non-boat freshwater fishing, fresh and saltwater beach activities, and camping now through 2010. No other activity is projected to exceed supply through 2010. Currently, saltwater beach activities, bicycle riding, and picnicking are the most popular resource-based activities, while pools and golf courses attract the most user-oriented activity. Chapter 5 - 34 - Appendix V.D.5b,6 TABLE 5.21 OUTDOOR RECREATION IN FLORIDA 2000 1998 OUTDOOR RECREATION RESOURCES AND FACILITIES BY MAJOR SUPPLIER SOUTH FLORIDA (REGION II) RESOURCFJFAClLlTY 0uId00r Rccreebon Areas Un<! A<eo w__ TotIl Area RESOURCE BASED Cabin TcnlSilcl RVSi1el Commemorative StrucNra HiItoricSitcl M....... Picnic Tabla Hunting Land Huaring Water Huntirta Area Bib Trails (Paved) Bike Trails (UnpIVCd) CanocTnlils Rikinl Trails HonebKkTrails Jouin,Tmh -"""' NannTraih F_...... FraInntcr Bacb Ala F__ FrahwaIa' BOIl: Ramp Lanes F_.... ...... Fmbwatcr C.rwalk FRSbwaaer Catwalks FrcsbwaIer Jetties FrcshwaIa' Mann. Dry Stora&e FrahwaIer MIriaI SlipI Freshwater Mmn. Frabwatl:rPiert s.1twIIta' Ibch Saltwll1a'Beac:hAra SaltwarcrBeachcJ; SaltwIlCr IkNIt Ramp Lana Sa........... ...... Sol....... c.waJk Saltwalel' CalwaIIa Sol__ Saltwater Marim Dry Sloraae Salcw.tcrMariBl.Slipt SaltwIIl:crMannas ......... ..... USER..oRlENTED BueblII Fiefds Bulcecball Goals Equippod Play ...... footbUl rtclds GolfCounes (18 holc) OolfCourscs (9 hokl) GolfCOWKS (Executive) GolfCourscs (Total) Multi-use Courts Multi-useFiclds Poolo R>cquolbU' c....u Recrcatioo Ccnlcn ShuflleboonI c....u Tennis Courts Vollevball Colll'tJ UNITS ...... A"", A=o A"". Cabiu Sila Sites Sites Tabla A=o A"'" A"'" Miles Miks Miles Miles Mile:. MUco Miles M'" MUco _Foe< - u... ....... F... c...aJb Jct1ieo -.. Slips M-. P;as Milel _Foe< ........ u... RImpt FM Caw,"" Foe< ""'" Slips M...... ..... Fields 00010 A.... Ficldt C...... c.un.. CO""" C...... C..... Fields Poolo Coon. C<ot= Coon. C..... Courn FEDERAL .2 1,100.940.85 1,135,700.15 2,236,641.00 53 209 567 o 2 10 391 204,690.00 0,00 204,690.00 j2.00 18.20 184.80 119.10 0,00 LSO 0,00 16.90 6.07 10..)50.00 , . . 0,00 o o o o o o 16.18 1,717,500.00 10 13 , 700,00 3 9,000 o 222 6 2 STATE 82 678,573.99 6'..)76.97 146,9:50.96 26 " I7S , 2' 7 1,584 664,883.20 1,578.10 666,46130 330 16.90 41.70 5UO 0,00 3.80 0,00 10.80 0,00 0.00 o 70 60 80.00 I '2 o o o o 10.60 2,893,400.00 I' 18 12 0,00 o 920 o 66 . . . 17 6 2 o o o o I 3 2 ) . o " o Chaplet 5 ~ 35 COUNTY 418 18,195.65 1,024.96 19,220.61 17 .. 132 2 25 18 2,441 0,00 0,00 0,00 83.90 9,00 7.50 6,90 11..50 49.40 0,00 49.&0 0,64 29S,7OO.00 , 20 ,. l,no.OO 7 1,560 o 3 o , 5.19 4,090.250.00 I' 81 44 5,578,00 9 9.895 '03 1,015 , 2 11 , , 10 o o o o o 11 6 40 , o " I 173 432 181 66 3 ) o 6 " ,. 26 99 110 85 27' 26 MUNICIPAL 1,014 9,557.32 436.06 9,993.38 o 2' 300 28 22 6 3,184 0,00 0,00 0,00 18S.90 8.80 ILOO 93.90 50,00 78,50 0,00 21.20 O.H 3,:543.750.00 2 129 25 3,183.00 27 3,125 o o o 13 24.91 20,215,890.00 180 " .5 82.022.00 16 1.367 o 99' 13 9 '96 902 '9' 226 10 2 3 15 64 '40 n 326 216 265 '" 19 NON-GOVERNMENT 52. 24,095.43 1,574.16 25,669.59 292 659 9,029 , 20 23 6,847 0,00 0,00 0,00 2,80 1.00 :50.00 3,90 24.00 9.10 0,00 8.20 1.0.5 112.600.00 22 12 6 215.00 , o 15' 300 6 I 10.40 3,O.so.955.00 57 130 m 19,730.00 42 1,404 9,811 12,172 l3S 54 TOTAL 2,080 1,831,363.24 1,207,112.30 3,038,475.54 '" 1,081 10,603 36 93 64 14,447 869,S73.20 1,578.10 871,151.30 327.90T53.90 296.00 2n.6O 91,50 142.30 0,00 106.90 2.29 3,962.400,00 33 235 "' .5,198.00 40 4,n7 155 303 6 22 67.28 32,027,995.00 m 317 284 los.030 70 22,S86 10.314 14,410 366 76 23 117 '5 17 ,. II 23 123 19 20 m 72 '18 '" .,. o 707 1,476 73l )21 102 16 26 '44 '09 26J 36' '40 ." 54' 2,117 46 Appendix V.D,5b,6 - - ~ ~ ... ~ ... ~ ~ ~ ~ 1:: ~ u ~ ~ Q ~ :;:, Q ... ... on loiI ~ ojl il) ~ jl i .. ~ )J ~ Ij ..:z i ~)I Ii '2 :2 'S ::> UliBti co ..ci Il) c:i ::> x 'C l: Q) a. a. <( O$O~S:O , ~' ~ - ~~,HH .d~ HJ~j J! 8 .; ~:;~~~o~o :s-~Cl~O ~ ... -.:. M ~ - :::l Ooooaoo M" .. ~ :!1~.""~il:~$:ll ..;e~~::;...:z.,", ~ ;!; i:! ill ~ " :;; lli :2 '" 0. 10 _... is: - - .c ~ ..:... ":.;:i":'" N...._N.......C~ ..-.. 00 <e CI _ roo - a....... C)l..:--"1G1l.. ~ ~~!s~~~~ ~ ell c.1 - !: ::l ~ Q ~ ell c.1 211 ;;;l o ell :! ~~ -= ~@ : ~ JI 8 ~ I a ~ E )J ~ 5 Ii QeIl '2 III :2 c.1 'S Z ::> Q ~ Q ~ c.1 Q Q ~ ~ E= ell lirl ~;I~;;~~ -:~"'1.~"'!.q ~i~~:a2 .;{,..,;~..: .duJ!j D J! n ji j J! U I i B U .;; e -;; -;; e J! ~ 'e <::I t- 0 _ 00 0 ~ to 8 ~ 8 0 ;:;; Q 8 "0 <= Q 0 0 .." :; ~:! vi ...: 0: i,:j .,j .; l=; ~ lli~ N ~ ....... 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"l ~ ~ 3: ~ . . i1 "'l .,. - - - i~ !~ ~ .. "':N N ""~""'-iJ;>D :::. "l~.~.'" ~ ~~~!~~ .... ~ N - iIi fi! ..:-.,; !:!4 t'i...: Qa ~II,! ~I ~ ~~ ~ ~i ~~ ~ ~ $jl 9 ~ ,d f ~ en.... ! J -.. i5 ~"II j H ~8~~I~i~~~ j ~ Jji~ j 11!Ji dl !,/<~:rihiiaaa t ~r"li~"'] ~J~l !'d.~ :2 =! -a I...! i ! :t i I $ i i.; ~ ~ i l' C E . J ill ~ j 1 !i~d!!!~~~~Eiii !!~i~i~~~~~ ---- APPENDIX V.D.5b.7 PUBLIC INQUIRIES ,- -- ~l:-'l:-'e.l..l."""..l...n.. II .~.-'.....,. I - From: Burzycki, Gwen (DERM) Sent: Tuesday, July 19, 2005 11:57 AM To: McCall, James (MDPR) Cc: Young, Emilie (DERM); Casado-Acorn. Christina (DERM); Davis, Matthew (DERM); Jason Smith (E-mail) Subject: RE: Division of Forestry - Grant Proposal for A TV trails - Feasibility Study I think that this is VERY good news. I will be happy to help to the degree that I am able. --origInal Message- From: McCall, James (MDPR) Sent: Tuesday, July 19, 2005 10:52 AM To: Burzyckl, Gwen (DERM) Cc: Heinicke, Mark (MDPR); Bentley, Sarah (MDPR); Fouche, Anthony (MDPR) Subject: Division of Forestry . Grant Proposal for ATV trails - feasibility Study Gwen, I wanted to update you on the status of planning for ATV/OHV trails In Miami-Dade County. Thanks again for participating In the meeting wtth the DiY. of Forestry In June. Your statistics and explanations 01 the effects of ATV use on agricultural lands were very convincing of our need for a legal ATV/OHV riding area. The Park and Recreation Department has decided to apply for a plannlnglfeasiblllty study grant. The Department could potentially get granted up to $75.000 to conduct a county-wide site selection/feasibilityAand compatibility study lor ATV and OHV use. The grant is due in mid.()ctober, and we hear a decision on the grant in November or December of 2005, Assuming we get the grant, a potential feasibility study would likely be finished by late 2006. or early-ta-mid 2007. _ I will stay in contact with you about this project. Please contact me with any questiOns. Yours truly, Andy McCall. Park Planner Miami-Dade County Park and Recreation Department 275 NW 2nd St., Suite 423, Miami, FL 33128 305-755-7993 Phone 305-755-7864 Fax www.miamidade.gov/parks .Dellvering Excellence Every Day. Miami-Dade County is a public entity subject to Chapter 1/9 of the Florida Statutes concerning publiC records. fE-mail messages are covered under such laws and thus subject to disclosure. - file:/N:\Proiects\2009\09-00063 - Dade-Collier Park Amendrnent\Documents\Report\June n. 6f212009 --.I:'I:" ------- . - - . -- - . V.D.5b.7 Marc lane - response ATV Riders NEED YOUR HELP.txt From: Falsey, Barbara (MDPR) Sent: wednesday, April 12, 2006 11:36 AM To: 'thehump@thehumponline.com'; Mccall, James A (MDPR) subject: RE: ATV Riders NEED YOUR HELP Hi Marc - the Miami Dade county park and Recreation Department really is aware of this issue. AS you know we have recently been awarded a grant to do a planning study for ATV sites -- I am copying the project manager - James (Andy) McCall so that you and he can discuss the issues and so that we can get you and your group to be part of the planning process which we are about to beg1n. Thanks Barbara Falsey, ph.D., chief, planning and Research Division Miami-Dade County Park and Recreation Department 275 NW 2nd Street, 4th Floor, Miami Florida, 33128 305-755-7860 phone 305-755-7864 Fax www.miamidade.govjparks "Delivering Excellence Every Day" Miami-Dade county is a public entity subject to chapter 119 of the Florida Statutes concerning pub11c records. E-mail messages are covered under such laws and thus subject to disclosure. -----original Message----- From: thehump@thehumponline.com [mailto:thehump@thehumponline.com] Sent: wednesday, April 12, 2006 10:54 AM TO: Falsey, Barbara (MDPR) subject: ATV Riders NEED YOUR HELP Hi my name is Marc, Thank you for taking the time to read my concerns about a large PROBLEM in Miami-Dade County. AS a Native Floridian and a 25 year resident of Miami-Dade county, my love for our great state is DYING. One of the biggest problems is the amount of construction that has been 90ing on in Florida. The cost of living and the opportunity to OWN your awn home 1S just gone thru the roof. SOMETHING HAS TO BE DONE. My main reason for writing ALL of you in this FIRST OF MANY letters to come, is I and my fellow Off-Highway vehicle (all-terrain vehicles) riders, NEED YOUR HELP NOW!!! see in Miami-Dade we can legally buy ATV'S however there is not legal area to ride. see my self and fellow riders enjoy spending time in the outdoors with our families and friends. Many of our riders bring their kids to enjoy this SAFE activity and give them the chance to enjoy what outdoors Miami-Dade has left. we understand that there are groups of BAD people who mess everything up for everyone, such people like the ones who steal machines, speed on the streets and run from the police. However this is as always a select FEW.... This is not ALL riders as you and most people "stereotype." we need to work together as citizens and government officials, after all you are citizens as well. DOn't you enjoy the outdoors and our great state? see recently in the past y,ear we have been taking more heat from the police for riding and enjoying 'our" state. In Homestead for many years kids and families of all ages have been riding in area known as the HUMP. Recently we have been told that we will be arrested and charged with a Felony for riding in this area. so what I see happening is one of three things: 1.) YOU end up having hundreds of citizens from as young as 4 to as old as 65. arrested and charged with a felony. page 1 v.D.5b.7 Marc Lane - response ATV Riders NEED YOUR HELP.txt 2.) You have people breaking more laws and causin~ bi~ger problems. 3.) we work together and find a place for us to rlde ln Miami-Dade and enjoy the out doors. I was told that Miami-Dade parks was given a grant for 75,000 to find a place for ORV use. where is this money and what point is the process at? where are the public postings about this money and what's been done? The BENEFITS of establishing a riding area for public use of ATV's are endless. It will provide the sport being legally practiced along with: . conforming to State vehicle and Traffic Law' Environmental conservation. Impacts on natural and agricultural resources . public safety as well as safety of riders . will deter illegal off-road ATV use. police man hours and court funds will be reduced . Revenue collected for use can be great for the State. Teenage crime static's will be reduced. Homeowner complaints will decrease significantly . promotes outdoor family activities Florida's off-highway vehicle laws and rules section 316.2074 are intended to promote safety and protection for people, property and the environment but how can we exercise this legal right if we have NO riding area designated without the risk of receiving a citation, arrest and/or even impound of our All-Terrain vehicle. This Friday April 14th 2006 at 3:00pm EST. Local Miami-Dade ATV riding citizens will be joinin~ together on Bird Rd and sw 162ave to talk with the news about the loss of all the rlding areas. I ask each and everyone of you to PLEASE attend this peaceful rally to hear what we have to say. Governor Bush your presence in Miami-Dade county is needed as well. After all Miami is home to you is it not? sincerely, Marc Lane page 2 v.D.5b.7 Marc Lane - ATV Riders NEED YOUR HELP.txt From: Marc T. Lane [mtlane@bellsouth.net] Sent: wednesday, April 12, 2006 11:54 AM TO: Falsey, Barbara (MDPR) cc: Mccall, James A (MDPR) subject: Re: RE: ATV Riders NEED YOUR HELP Thank you very much... My self and my group will do all we can to help find a place we can ride safely and legally. There 1S much at stake here. Both Federal state local and civil. please let me know what we can do. You can also join thehumponline.com which is a site i made for local riders. we have over 180 registered users and thats only since october 2005. Feel free to post any thing about this project there and also its a way you can work with the riders directly... which is a great help I aspect for this i think. Marc Lane Appendix V.D.5b.7 From: Amy Collins [acollins@jciintemationaLcom] Sent: Wednesday, June 28, 2006 8:26 AM To: McCall, James A (MDPR); miamigirlrider@yahoo.com; Brooke.Lynch@djj.state.fl.us; Falsey, Barbara (MDPR); jasmith@sfwmd.gov; Young, Emilie (DERM); Burzycki, Gwen (DERM); Casado- Acorn, Christina (DERM); GMarston@WRTdesign.com; Silvia Vargas; thehump@thehumponline.com Cc: Heinicke, Mark (MDPR) Subject: RE: ATV Field Meeting Invitation - Wednesday, July 12th, 10 AM - Location TBA 1'd like to take the opportunity to express our gratitude for the promptness you have shown for this cause. I will definitely be in attendance and look forward to meeting with all of you. Cary, Brooke, Marc and I will brainstorm to see if we can come up with suggestions as to where to meet. Thank you, Amy Collins Controller JCllntematlonal, Inc. GenenlI ContJa..... 12315 SW 132 Coun MilIml, FL 33186 305-254-1844 0tfIce 305-255-3359 Fax E~rnall: atnlHN!lClicllnterNllHooal com Visit our webltte at 1IIWW IdinlArnAtlonal com --Qrfglnal Message- From: McCall, James A (MOPR) [mallto:JAMCCAl@mlamldade.gov] Sent: Tuesday, June 27, 20064:35 PM To: mlamlgirlrider@yahoo.com; Amy COllins; Brooke.lynch@djj.5tate.t1.U5; Falsey, Barbara (MOPR); ja5mIth@sfwmd.gov; Young, Emilie (OERM); Burzyckl, Gwen (OERM); Casado-Acorn, Christina (OERM); GMarstDn@WRTdeslgn.com; Silvia Vargas Cc: Heinicke, Mark (MOPR) SUbject: ATV Reid Meeting Invlt2ltlon - Wednesday, July 12th, 10 AM - lDcatlon TBA Hello Everyone: I would like to invite everyone to a field meeting at 10:00 AM on Wednesday, July 12th. Cary, Amy, and Brooke, the County would like to invhe you to show us those places that Interest you most as Off-Highway Vehicle riders, and we would like to discuss and brainstonn about the best places for OHV trails in the County. The County Is starting a Feasibility Study with the purpose of selecting shes for OHV trails. We are interested In knowing how to better meet the needs of the OHV recreation groups, and would also like to brainstonn for Ideas on how to keep out natural areas and environmentally endangered lands pristeen. The South Florida Water Management District Is providing transportation in an ARGO maintenance vehicle (whh room for 6 people), and may be able to provide an additional ARGO. Amy and Brooke, please invite Marc Lane to attend If he is available. Cary, Amy, and Brooke: please provide suggestions of a place to meet that morning, and let me know the areas of the County that you are interested In showing us as examples of fun riding places. Everyone please let me know If you have any questions or concems, and I will be In contact whh you to confinn the location as we get closer to the meeting date. Sincerely, - Andy McCall, Park Planner 2 Miami-Dade County Park and Recreation Department 275 NW 2nd St., Suite 423, Miami, Fl33128 filp./IV.\Prniprt.\?Jl(lQ\IlQ-MOIl"l - nArlf:-C'.oItif:r PArk Amendment\Documents\Renort\June ,., 612f2fXJ9 Appendix V.D.5b,7 305-755-7993 Phone 305-755-7864 Fax www.miamidade.gov/parks "Delivering Excellence Every Day" Miami-Dade County is a public entity subject to Chapter 119 of the Florida Statutes concerning public records, IE-mail messages are covered under such laws and thus subject to disclosure, file:/N:\Proiects\2009\09-00063 - Dade-Collier Park Amendment\Documents\Reoort\June ... 6/212009 ..ppenOlX V. LJ. "D, I From: Leo Lopez [atvmiaxtreme@gmaiJ.com] Sent: Thursday, July 13, 200610:54 AM To: McCall, James A (MDPR) Subject: Meeting Pics Hello Andy, - This is Leo Lopez owner of www.atvrniaxtreme.com and you can contact me here at this email. atvrniaxtreme@gmail.com Can you please send me some pictures of the meeting we had yesterday. also can you send me a pic of the huge map we were working with. Thank You 800000 Much your time on this matter is greatly appreciated!!! Thanks Leo Lopez - .- fiI,,'/IV'\Prn;prt.\?JlOQ\()Q-()()(){iq - nacle-C-011ier Park Amendrnent\Documents\Reoort\June... 6/212009 Appendix V.D,5b.7 From: Falsey, Barbara (MDPR) Seot: Friday, July 21, 2006 12:51 PM To: Torres, Edith (MDPR) Ce: Hansen. Eric (MDPR); McCall, James A (MDPR) Subject: RE: F\V: A TV's for South Florida AdventureS Magazine See answers below Barbllre Felsey, Ph.D., ChIef, Planning and Raoearch Division Mlaml-Dold. County Perk .nd RlICI'1Iellon Illlporlm,,", 275 NW 2nd Street, 4111 Floor, Miami Aorida, 33128 305-755-78110 Phone 305-755-7864 Fax WNW miamldade oov/narks "Dellvwmll Excellence Every Day" Mlaml-Dade County Is a public entity subjact to Chapter 119 of tha Florida Statutes concaming public records, E-maJ/ messages are covered under such laws and thus subject to disclosure. -original __ From: Torres, EdIth (MDPR) sent: FrIday, July 21, 2006 9:30 AM To: Falsey, Barbara (MDPR) Ce: Hansen, Eric (MDPR); McCall, James A (MDPR) Subject: FW: FW: AlVs for South RorIda Adventures Magazine Importance: High Hi Barbara, we just spoke in the elevator. Below are her questions. She says she's available mid 10 early afternoon today for a phone interview or after 5 p.m. today. Let me know if you can do this so I can set It up. Thanks again, Happy Friday! edith edith Torres, Public Information Officer _I.o.de Park end Recreation 275 NW 2nd Str8et, Third Floor MIamI, FL 33128 305-755-7882 Phone 305-755-7857 Fax _Om_da.gov www.mtarnldade.govIparks 'Dellverlng ExoeI/enCe Every Day" Mlaml-Dade County 10 a public entfty 8Ubjact to Chaptar 119 of the Fioride Statui.. concemlng pubflC records. E-maH _ are covered uncIfIr such lows and lhus 8Ubject to dIsc/o8Ute, -<lriglnal__ From: Rlsa Mer! [rnalllo:rgmel1@yahOO,comJ sent: Thursday, July 20, 2006 10:10 PH To: Torres, EdIth (MDPR) subject: Fwd: FW: AlVs for South Florida Adventures Magazine Edith, Please see below. This is some basic iofonnalion. seD! by an ATV rider, about the issue at hand, It mentions the $15.000 gran~ the OHV Advisory Committee meeting on Augusl4dt. etc. If you know anyone on your end that can speak to me about this, that would be gTeat. I thiak it's imperative I gel a source from your office 10 covery the slOry fully, Some things I would want 10 know... What is the major issue Parks sees with ATV riding in Miami-Dade? o The major issue is finding a location that is both safe and legal for the riders and safe for the en\'ironmenL As developmC'nt bas spread. there are fewer areas tbat are available and propcny owners who may have allowed ATV \L'IC no longer do so. Also, as the County and the South Florida 'Vater Mnnagtment District or other gm'crnment agencies acquire land for conservation and protection. areas that were IL~d fOT ATV riding are off. limits. fil",/N,\Proiect.~\2009\09-00063 - Dade-Collier Park Amendment\Documents\Report\June ... 6/212009 ~..c-.t""''''''~~~-~~ .. - . -- . . What is happening with this grant? o The Count)' has hired a consultant [0 do a study with the goal of locating preferred alternative sites for A TV riding, T~rr has already been one meeting between the consultant team, park staff and A TV riders to discuss tbe kinds of experiences and settings the riders are Jooking for. The consultant will need to identify areas where the ATV tiding experience suits the !iders. where riding does nol degrade the environment. where it "fits.' with the sUITOl.Dlding area and \,,'here it is available or could Ix: acquired. They thcn make recommendations to the Department and the A TV community on how to proceed, Is there a place that it can be safe and legal for ATV riders to ride? o Right now there is no pl1blic land that is set-aside for ATV riders. There may be private areas \\.'here landowners allow it, Is Parks working with ATV riders to find a legal place for them to ride? o Yes What is the biggest threat or danger of illegal ATV riding? o It can be dangerous for the riders - even if they mean well tlley can he breaking the law and trespassing, They may also _ without mcaning w - damage aD environment that has natural resources that should be protected, What can you tell me about the legal place to ride in Broward, dubbed the Holy Lands? o At this point we have not visited it - but will in the course of the study. And any other takes on the A TV issue and legality of it in the county. o We are committed to working with the ATV community and to make every effort to try 10 identify a suitable location or locations and an implementation strategy. We expect the study to be completed by the end of this year. How soon a location could become available will depending on the findings of the study, o We will be attending the OH~Highway AcMsory Committee Meeting on August 4 and hope to be able to get more information on how other areas have successfully dealt with the issue. - I think a phone interview might work better in this instance heclUlSe I want to be able to feed off what the sowce is telling me in order to ask more questiollO (I'm not sure what exactly their stanee will be yet). I am available mid-clay through early afternoon tomorrow and after 5 p.rn. Thogh I can try to free up at other times if this isn't feasible. Thank you very much for your assistance. Sincerely, Risa Merl David l/JztermQ.. <Jlratenrum@SoF/aA.JlwIOlllns.&flm> wrote: From: "David Ratennan" <draterman@SoFlaAdventUres.com> To: <rgmerl@yahoo.com> Subject: FW: ATV's Date: Sun. 16 Jul20061O:19:47.0400 Risa. Be sure 10 cbcc:k with Miami-Dade Parks spokespenon about Ihc study rhal is mentioned in this an:acJunenl - filp./IV.IPrn;pM.I?mOIOO-()()(lh"! _ n..rl"..r.nlli"r P~rlr Amp.nrlment\Docl1ment~\Renort\June ... 61212009 ......l:""l:""'-.........~~.. ........ --. From: "Cary ortega" <miamigirlrider@yahoo.com> To: <SCejas@wsvn.com>, <jryzenbe1'g@wsvn.com>, <newsdcsk@wsvn.com>, <belpmebowaro@wsvn.com>, <tfiedJer@miamiberald.com>, <jmiller@miamihera1d.com>, <Igross@rniamiberald.com>, <dwilson@miamiberald.com>, <dadenew,@miomiberald.com>, hlp,//V'\Prn;"rt.l?flflQ\OQ-OOOIl, _ nHne-~ollier Park Arnendment\Documents\RePOrt\June... 61212(1:)9 rl1--'.f:Jt::~.lu...L..A V. J.) . :..)J..J. I ,- <msallah@miamiherald.oom>, <aacle@miamiherald.oom>, <HeraldEd@miemiherald.com>. <features@miamiherald.com>, <aa!vuez@locaIlO.oom>. <Ijennings@locaIIO.oom>, <ldcrueger@localIO.oom>, <dlaudenlale@locallO.com>, <;jswnmers@locaIlO.oom>, <ttongen@locaIlO.oom>, <mputney@locallO.oom>, <editorials@locaIlO.oom>, <wfomews@wfor.cbs.oom>, <soott.zamost@nbcuni.com>, <noticias@telemundo5l.oom>, <info@telemwtd05l.oom>, <wtvjdesk@obc.oom>, <dbanker@slDl-sentinel.com>, <cmetzger@slDl-sentinel.com>, <bgremillion@slDl-sentin el.com>, <emaucker@sun-sentinel.com>. <kguy@sun-sentinel.com>, <nbrochu@sun-sentinel.com>, <Ietters@slDl-sentinel.oom>, <tdodson@sun-sentinel.com>, <dIYOns@slDl-sentinel.com>, <Ietters@miaminewtimes.com>, <channel2@channel2.org>, <cartas@diariolasamericas.oom>, <;jorgemigueI983@univision.oom>, <DjWalter983@univision.oom>, <gustavopena@diariolasamericas.oom>, <elvacilon@mega.tv>. <joe@mariconson.com>, <enrique@mar1conson.com>, <ailyn@elwl.com>, <machete95@yahoo.com>, <tomas@elzol.com>, <mattS@rivamotorspons.com>, <roba@rivamotorspons.com>, <;jetpolar@aol.com>, <aaamoped@yahoo.com>, <dmbinson@ridenow.com>. <info@paImel101DOlO1'Spo.com>, <bmscl1oppers@psnnewsletter.oom>. <office@yamahaseadoo.com>, <service@YlllmfllM-Idoo.com>, <SaI es@yamahaseadoo.com>. <SaIes@browanlmotorspons.com>, <SCrVice@bIOWanlmotorsports.com>, <info@blaiscycle.com>, <hdsouth@bellsouth.net>, <perfonnanceatv@aol.oom>. <I10pez@toCaIbank.com> Subject: A TV's Date: Mono 10 JuJ 2006 08:35:42 -0400 WE OFFJCJALL Y HAVE NO lEGAL RIDING'" RF....S IN MIAMI-DADE COUNTY. - 13 Ticlccts wen: issued to my ""'w as well as I for riding atV's with our kids the weekend of July the 4th. We wen: advised that Miami Dade Agricultme Police is being paid OVERTIME to crack down OD A TV riden. Parks and Recreation was giveD a 75k grant in Janwuy 06 to conduct a study to find us suitable riding land but 1111 Tben:fore, the next OHV Advisory Committee Meeting is being held in Miami and we need to SPEAK UP AND SHOW UP. Lets show the County Officials as well as the OHV CounsiI, South Florida Water Managements, Parks and Recreation how many enthuastics live iD Miami, How many professional pan:Dts want a safe place to practice this fi1p.'IN'\Prn;..r.t~\?JlOQ\OQ-000Ii3 - Dade-Collier Park Amendment\Documents\Reoort\June ... 61212009 sports in the outdoors with our children... But moot or all lets plea ror a sarelegal riding area for our kids. Please either spread the word arouDd or sbow up to sbow support. Yes, we are the same people that beld the rally iD APRIL. WE WILL CONTINUE as 10Dg as A TV's are belug sold, taxes aDd titling rees are being paid OD them aDd our kids waDt to rid.. ITS LEGAL TO SELL IN MIAMI BUT NOT LEGAL TO RIDE...sHOW UP ON: FRIDAY, AUGUST 4, 2006 @ 10:00AM Palmetto Golf Course '.1300 SW 152 Street trailer your bikes to the meeting aDd wear your crew sbirts. Thanks www.atvmfaxtreme.com www.thebulltpllnUne.com Carr Henumdez 786-222-6004 Want to be your own boss? Learn how on Yahool Small Business. Groups are talking, We're listeDing, Check out the handv changes to Yahoo! Grouns, fil....//V.\Prni...rT<\?OOQ\(lQ-f)()()/i, . n"rl..-r.olli..r Park Amenclment\Documents\Reoort\June ... 61212009 - v.D.5b.7 Drew peterson - off-Hi~hway Motorcycle inquiry.txt From: DREW PETERSON [drewhdsouth@hotmail.comJ Sent: Tuesday, January 02, 2007 5:46 PM TO: Mccall, James A (MDPR) subject: FW: FMDA Board: Important Article HELLO ANDY, IT WAS NICE TALKING WITH YOU, BUT I FORGOT TO GIVE YOU MY E-MAIL, SO THAT YOU COULD KEEP ME IN THE LOOP ON WHAT IS GOING ON IN THE OHV SEEN HERE IN SOUTH FLORIDA. AND IT JUST SO HAPPENED THAT I GOT THIS E-MAIL FOR THE FLORIDA MOTORCYCLE DEALERS ASSOCIATION OF WHICH I AN A BOARD MEMBER, SO I THOUGHT I WOULD FORWARD IT TO YOU. DREW PETERSON, PARTNER , PETERSON'S HARLEY-DAVIDSON OF MIAMI AND SOUTH.. >From: "susannah wesley" <susannah@HelpMembers.org> >TO: "susannah wesley" <susannah@HelpMembers.org> >subject: FMDA Board: Important Article >Date: Tue, 02 Jan 2007 10:28:02 -0500 > page 1 ....1:-.l.:.................._-~ .. -. --. . From: Cary ortega [miamigirJrider@yahoo.com] Sent: Wednesday, January 10, 2007 9:00 PM To: Cary ortega; UMoller@aoJ.com; Iswjth2@yahoo.com; vaughanlO@verizon.net; gbryant58@comcast.net; Looprd@aoJ.com; VCNP@aol.com; dr-birks@tarnpabay.IT.com; metfreakk@earthlink.net; admin@atvflorida.com;jsparks@legstrat.com; swampbuggy2@earthlink.net; gordal072@hotmail.com; atvrniaxtreme@gmail.com; jose@swmiami.com; rnleonI212@yahoo.com; joev@c3ts.com; abel@bellsouth.net; cmpatino@bellsouth.net; OffroadSS350@aoJ.com; leoleonb8@yahoo.com; alberCmenendez@adelphia.net; xjlisa@gmail.com; terry@onfa.org; GladesGuru@aoJ.com; ypineiro@rniarniherald.com; electric@peganet.com; mark@wildload.com; info@jmairconditioning.com; atvgirl@thedirtygirls.net; BansheeI987@eathlink.net; Blue@bluescycle.com; BMac240@hotmail.com; chris@southemknightsatv,com; damoIl.-IILlee@yahoo.com; dixieboy 1479@hotrnail.com; dustrnudder69@netzero.net; four_ wheelin4fun@yahoo.com; gwest@onearrow.net; harufam@earthlink.com; jmnasdaqqqq@hotrnail.com; Justin888@bellsouth.net; mdaybc@hotrnaiJ.com; mejasnanny@comcast.net; mjavy7@gmaiJ.com; Muddywatersatv@yahoo.com; Nalienprincess@aoJ.com; rarnatv@msn.com; REDGRIZZL Y660@aoJ.com; rypiii@netzero.com; sam_witch@yahoo.com; sawesero039@msn,com; sellin~this_stuff@yahoo.com; support@fl-atv.com; toothfairy 1214@netzero.net; wildboy _2002@yahoo.com; wswisel @cox.net; acollins@jciinternational.com; ailyn@elzoJ.com; brooke.lynch@djj.state.fl.us; djwalter983@univision.com; dlsmith@naplesnews.com; elvacilon@mega.tv; enrique@mariconson.com; gustavopena@diariolasamericas.com; joe@mariconson,com; jorgernigueI983@univision.com; machete95@yahoo.com; maria.carpio@nbcuni.com; mnaanes@sun- sentineJ.com; mtlane@bellsouth.net; rgmerl@yahoo,com; tomas@elzol.com Subject: Re: Thank you all for all your hard work. Collier county will finally have a ... Congratulations to our friends in Collier County: Dennis, NorthPort Crew, A TVFlorida, Rick, Frank and the rest of you. See what happens when you do not give up. Thank you for offering to corne and help in Miami Dade. Trust me I will be calling your for you assistance in the near future. Anything we can continue to do for you just ask. . Cary ortega <mimnigirlrider@yahoo.com> wrote: Great Job everyone, you should be proud of yourself. You stood hard for what you believed in and your right as a citizen of this State. Its was a long battle and hard one but you didnot quit even when hopes were dim. Pat yourself in the back; its parents, children and neighbors like you that make it possible for our kids grow to know and enjoy what the great outdoors has to offer. Don't settle for one location, we have a law that entitles us to SEVERAL riding areas. Keep up the fight. Now its MIAMI DADE's time to shine. Your friend in the 305 Cary Hernandez LJMoUer@ooLcom wrote: I In ~ message dated 1/10120075:16:04 PM Central Standard Time,lswjth2@yahoo.com wntes: ~;)~.IIV.\Prn;".,.,.\?nOQ\OQ_OOOti, _ n"tle.-r.ollier Park Amendrnent\Documents\RC))Ort\June ... 61212009 Folks, this has been a hard fought fight, but without your e-mails, going to meetings and writing letters,the families of Collier and surrounding counties would still be without a place to legally ride.Collier county commissioners agreed to accept SFWMD offer of having a 150 acre temporary site open while THEY CLEAN UP THE 620 ACRE LAKE TRAFFORD SITE. It might be years before we can use the 620 acre site, but probably before the summer, the temporary site will open. I especially want to thank Brian, without his help this would not have been possible, Dennis, Cary, Scott and Kevin and the atvmiaxtreme and northport team, without us pulling together, this might not have happened. Thank you all. This is an example of working together, we can make things happen. Congratulations to all....Rick Rick You are correct in all that you say above. Do not give up and let this small chunk of land be the only place you can ride. By working together you can accomplish much more. This is how those who want you out of FL and off public lands have done what they have to your interest; they work together. Become organized, stay involved and work for what you like to do; or stay home and watch it on TV. Right now Lisa is working hard on stopping SR 40 from becoming a National Park Road via the scenic highway process. ack Check out the all-new Yahoo! Mail beta - Fire up a more powerful email and get things done faster. \ccess over 1 million songs - Yahoo! Music Unlimited. - m.../N,\Prni..r.t<\?J)()Q\OQ-00063 - Dade-Collier Park Amendment\Documents\Report\June ... 6/2/2009 From: Falsey, Barbara (MDPR) Sent: Wednesday, January 31, 2007 10:55 AM To: 'Lynch, Brooke'; McCall,James A (MDPR) ec: Nardi, Maria (MDPR) Subject: RE: A favor Please!!!!!!!!!!!!!!!!!!!!!!!!!!!! Brooke - I am not sure we can do this so quickly! Andy - see if you can talk to George about this - it would require a permit and some kind of indemnnication, Brooke _ have you approached the City of Homestead? They might has a space as well and their processes could be shorter than ours to get through! Barbara Falsey, Ph.D., Chief, Planning and Research Division Miami-Dade County Park and Racreatlon Department 275 NW 2nd Street, 4th Floor, Miami Florida, 33128 305-755-7860 Phone 305-755-7864 Fax www.miamldade.oov/oarks "Delivering Excellence Every Day" Miami-Dade County is a public entity subject to Chapter 119 of the Florida Statutes concerning public records, E-mail messages are covered under such laws and thus subject to disclosure. ---Original Message--- From: Lynch, Brooke [mallto:Brooke.Lynch@djj.state.f1.usJ Sent: Wednesday, January 31, 2007 10:34 AM To: Falsey, Barbara (MDPR) SUbject: A favor Please!!!!!!!!!!!!!!!!!!!!!!!!!!!! Good Morning, Could you please write me a letter stating that I would have access to a large enough area to train safety to atv riders a few times a month. The location does not have to be the same or in stone in any way or a date given. I just need something that says I will have an area to train people so that I can take this corse. This letter is not binding or anything. I do not want locations or dates or any thing just that land will be available. Does that make sense? If not call me. It is one of those days.... LOL I am sure you can understand. I would like to send in this form ASAP please!!!!!! Thank You! Brooke Secretary Specialist Department of Juvenile Justice 81990 Overseas Highway Suite 102 Islamorllda, F10lidll 33036 f;)p./N'\Prni..rt<\?OOQ\OQ-OOOo:1 . Dade-Collier Park Amendment\Documents\Rellort\June... 61212fYJ9 r1.l:.-.1-.C:~~U...l...../\. V. J.../. ....JJ..J. I (305) 664-0662 brooke.lynch@dii.state.fl.us _ The mission of the Florida Department of Juvenile Justice: To protect the public by reducing juvenile crime and the delinquency in Florida. Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may therefore be subject to public disclosure. ~ f11p..JIV.'PrniiI"'"MC!\')fV)Q\oa-()()()f\~ _ nAnp__rnl1iPT PAr'k Amp.nt1mP.nt\nor.llmp.nt~\Rp:nnrt\.111ne . 61212009 r.l:-.i:-.C;;~~............."^.- V..J....I...J>..J. I From: Cary ortega [miamigirlrider@yahoo.com] Sent: Thursday, February 08, 200710:16 AM To: Cary ortega; matts@rivamotorsports.com; roba@rivamotorsports.com; jelpolar@aol.com; aaamoped@yahoo.com; drobinson@ridenow.com; info@palmettomotorsports.com; bmschoppers@psnnewsletter.com; office@yamahaseadoo.com; service@yamahaseadoo.com; sales@yamahaseadoo.com; sales@browardmotorsports.com; service@browardmotorsports.com; info@blaiscycle.com; hdsouth@bellsouth.net;performanceatv@aol.com; Falsey, Barbara (MDPR); waldroj@doacs.state.fl.us; McCall, James A (MDPR); gbryant58@comcast.net; Iswjth2@yahoo.com Subject: Re: Funeral Services for Alan Smith Sorry I forgot the date...Tommorow Friday, Feb. 9, 2007 Cory ortega <miamigirlrider@yahoo.com> wrote: Funeral Service for Alan Smith will be held at: Salgado-Van Orsdel Funeral 9300 SW 40th St Miami, Florida Commencing at 6 pm We will be there at 7:30pm. Donations are also being accepted until tomorrow morning at www.atvmiaxtreme.com home page or you can drop of your donations at: Encuesta, Inc 4990 SW 72 Ave Suite 110 Phone 305-661-1492 EXT 116 Ask for Michael Cerda' Or Annelise Hours are 9:00AM TO 8:00 pm Donations will be turned over to the parents to help with funeral cost of the unexpected tragic loss of their 16 year old son, Alan. Thank you and may God bless you all. Please wear your helmets and encourage everyone to get involved in the fight to obtain a "LEGAL AND SAFE RIDING AREA" in Miami Dade before more children continue to die +:l_.''''.\n-,.,.;_...........\'1NlQ\OO_(\f'VV;.'l _ n~.:"ip_"""l"'In;Pr PArl-' Amp_n(hnP.nt\nn~l1ment~\Renort\Tune ... 6/2/2009 .M..tJ.tJt:::llU.LA V. 1..). .:;).1..1. I on our streets. - Bored stiffl Loosen up... Download and pll\Y hundreds of games for free on Yahoo! Games. Be a PS3 game guru. Get your game face on with the latest PS3 news and oreviews at Yahoo! Games. file:/N:\Proiects\2009\09-OO063 - Dade-Collier Park Amendment\Documents\ReportVune... 612J2009 --rr -------- From: Cary ortega [miamigirlrider@yahoo.com] Sent: Thursday, February 08, 20072:44 PM To: McCall, James A (MDPR) Cc: Falsey, Barbara (MDPR); waldroj@doacs.state.fl.us;jasmith@sfwmd.gov Subject: RE: ATVMIAXTREME.COM Holey Land Clean up 213/07 Andy: Thank you for your response. We had a great time. I attached more pictures that I am sure you will enjoy. I love the one of the kids that found the little frog in some pants and moved it out of danger. Have a great day and enjoy. Cary "McCall, James A (MDPR)" <JAMCCAL@miamUlade.gov> wrote: Cary, That was a great e-mail, and I am sure that the FWC was glad for the volunteer labor. I recognized several of our Miami area enthusiasts, and some of the gentlemen from the Northport off-road group as well, from statewide OHV meetings that I have attended. Keep up the good work! Andy McCall, Park Planner 2 Miami-Dade County Park and Recreation Department 275 NW 2nd 5t., Suite 423, Miami, FL 33128 305-755-7993 Phone 305-755-7864 Fax www.mlamidade,gov/parks "Delivering Excellence Every Day" Miami-Dade County is a public entity subject to Chapter 1/9 of the Florida Statutes concerning public records. E-mail messages are covered under such laws and thus subject to disclosure. --original Message-- From: Cary ortega [mailto:miamiglrlrider@yahoo.com] Sent: Thursday, February 08,20072:17 PM To: chuck.coiUns@myfwc.com Cc:: Falsey, Barbara (MOPR)j McCall, James A (MOPR)j John Waldron; jasmlth@sfwmd.gov; c1avld.rivera@myf1oridahouse.gov; Oiaz, Rene (OISTll) SUbject: AlYMlAXTREME.COM Holey Land Oean up 2/3/07 Dear Mr. Collins: I would like to thank you for having given the OHV Community an opportunity to have conducted the Saturday, February 3, 2007 Holey Land Clean Up. It was a complete success and the effort made a visual impact immediately. In addition, it teaches by example to our younger riders and visitors that we out there on Saturday, that we must take care of the environment and we must coexist in a positive way with nature to be able to maintain legal riding areas open to the community. Several top people of the leading atv riding groups combined efforts to keep the group small but efficient, ATVMIAXTREME, NORTHPORTOFFROAD, ATVFLORIDA ""~'I^,.\P~;~~t.\.,nno\(\a_IVlIl';':l _ nollp_r"J1;PT POT1<- Amp.nrlmp.nt\nncnmenL.\Renort\Tune... 612/2009 .M.}J!:..H:=.l.lU.1.^ V. L/. :.JJ...J. I and the FULL TRACK CONSERVATION CLUB made this all possible, We had riders from Key West to Northport and Lehigh attend this event. - We also had a member donate a dump truck to haul off the trash. Which btw we met our goal and filled the dump truck to legal capacity. Attached you will fmd pictures of the event and look foward to many more opportunities to work side by side with your department. I personally fmd the picture of the two children who found a little frog living inside a pair of old muddy pants cute. Its shows how they respectfully pick him up and transfer him to a safe grassy area to avoid being run over by. Again, thank you for have given me the chance. If I can ever be of any assistance to you please do not hesitate to contact me. Sincerely, Cary Hernandez MIAMIGIRLRIDER We won't tell. Get more on shows you hate to love (and love to hate): Yahoo! TV's Guilty Pleasures list, Everyone is raving about the all-new Yahoo! Mail beta. - fil,,'IN'YPrn;..rl~\?()()Q\()q-()()()ti"l - narle-ICn11ier Park Amendment\Documents\Renort\June ... 6/212009 v.D.5b.7 ATV accident casualty in south Miami-Dade county.txt From: Burzycki, Gwen (DERM) sent: wednesday, March 14, 2007 10:31 AM To: Jason Smith (E-mail); Rick conover (E-mail); Mccall, James A (MDPR) Cc: Young, Emilie (DERM); Grossenbacher, craig (DERM); Falsey, Barbara (MDPR) subject: FW: ATV activity in Miami Dade The address of this death was to the southeast of the Hump, near the Atlantic civil rockmine. If the address info is correct, it was on property where cemex has an application pending for another rockmine. -----original Message----- From: Sara Fain [mallto:sfain@NPCA.ORG] Sent: wednesday, March 14, 2007 9:25 AM TO: Burzycki, Gwen (DERM) subject: ATV activity in Miami Dade Hi GWen, It's been a while since we spoke. thought of your efforts: Dust cloud becomes deadly for ATV rider http://www.miamiherald.com/460/story/39805.html I saw this tragic article in the Herald and HOW'S this going? Are you around sometime for me to give you a call? sara E. Fain Biscayne Restoration program Analyst sun coast Region National parks conservation Association protecting our National parks for Future Generations 450 N. park Rd, suite 301 Hollywood, FL 33021 (954) 961-1280, ext. 205 (954) 985-8047 Fax (305) 546-6689 cell www.npca.org page 1 AppenOlX V.U.~D. I From: Cary ortega [miamigirlrider@yahoo.com] Sent: Saturday, March 17,2007 12:03 AM To: Trelles, Maria I. (MDPD); Trelles, Maria I. (MDPD); Foxx, Elvira (MDPD); Garcia. Diana L. _ (MDPD); Julio.Robaina@myfloridahouse.gov; Moss. Dennis C, (DIST9); Vega, Olga R. (DISTl2); District12; rconover@swfwmd.gov; McCall, James A (MDPR); acollins@jciinternational.com; Brooke.Lynch@djj.state.fl.us; jasmith@sfwmd.gov; GMarston@WRTdesign.com; Falsey, Barbara (MDPR); mtlane@bellsouth.net; Roy, Michael (MDPD); Diaz, Jose J. (MDPD); Wood. Laura L. (MDPD); Vigoa, Oscar F. (MDPD); Gonzalez, Arthur (MDPD); Diaz, Rene (DISTIl); Guerra, Lorena (DISTIl); Ferrer, Susel (DISTl2); executive@swfwmd.state.fl.us; rand.baldwin@swfwmd.state.fl.us; District9; District1l; Commissioners@MyFWC.com; curt.kaloostin@myfwc.com; mark.hodges@myfwc.com; christian.rodirguez@myfwc.com;james.marvin@fwc.com; Building Better Communities (GOB); jeb.bush@myflorida.com; rconover@sfwmd,gov; jgalis-menendez@herald.com; Heinicke, Mark (MDPR); FDA VIS@SFWMD.GOV;jackterrell@tampabay.rr.com; tbyron@articcatinc.eom; wbriske@ubankfl.com; libbyt@highlands.k12.fl.us; ericpa1ma1129@hotmail.com; laptop@vol.com; bigscrub79@aol.com; swampbuggy2@earth!ink.net; MIAMIGIRLRIDER@YAHOO.COM; denniscrf@yahoo.com; gatorjohn@bellsouth.net; gbryant58@comcast.net; Iswjth2@yahoo.com; jkreiner@cfl.rr.com; indianjoe6@yahoo.com; admin@atvflorida.com; fmallyy23l8@bellsouth.net; Honda_ 400@earthlink.net; Terry@onfa.org; Looprd@aol.com; LinetteC@baptisthealth.net; JETPOLAR@aol.eom; vana3l117@yahoo.com; Klawunn99@aol.com; Travis@napsatv.com; robert4570@aol.com; italo_maguina2005@hotmail.com; mivis33@hotmail.com; mpardo@aeronet.com;rmesa@powinc.com; raulpdruiz@mycingular.blackberry.net; candipalma@hotmail.com; IWCUSTOMS@aol.com; approved@mhminvestors.com; Jenn1629@aol.com; wswisel @cox.net; danny4025@hotmail.com; juamnoncada@comcast.net; andy6688@aol.com Subject: STATEWIDEATV RALLY Please copy and paste link to see our rally video clip. . ,- hnp:llfloridaatvrally.comlindex.pllp?option=com content&to.k-view&id-30&Itemid-2 Good afternoon everyone: Due to a tragic death of a child within our riding group, we as a group withdrew out of disgust, mourning and respect. But I am proud to announce that we regrouped, strengthened and organized and in memory of Alan Smith, Kyle Flint, David Cain and Pedro Sr. we at ATVMIAXTREME and now A TVMIAXTREME.ORG are BACK bigger and more dedicated than ever. We have alot of new exciting things we are working on and soon enough we will be ready and strong enough to take it straight to any Government agency and all the way to Tallahassee. Attached please [md a flyer to the first State of Florida rally being held in Lakeland, Florida as we work together hand by hand with SHAWN, FLORIDAA TVRALL Y, ATVFLORIDA, NORTHPORT, NQRA, THE BROWARD COUNTY AIRBOAT-HALFfRACK & CONSERVATION ASSOCIATION to raise our voices loud enough to be cOlUlted and heard as we have united as one for a common goal of "OBTAINING LEGAL AND SAFE OHV PARKS FOR OUR CHILDREN and RIDERS". The fIrst rally will be held in the middle of the State of Florida to show solidarity as this is a growing f;1p.JIV.I1>rn;p,..ol?(\/)Q\()Cl-{lfl!lti"l . n"ii...C"nll;..r Pork Amendment\Documents\Reoort\JlUle ... 6/2/2009 ..l:'"'.l:'"'~~~-_.. .. - . - - . State Wide problem but the next rally shortly after will be held in the heart of MIAMI DADE as we rank #3 in TOP SALES OF ATV'S IN TIIE UNITED STATES but have no legal and safe riding areas, Please join us in the fight so future generations can enjoy the right to practice outdoor family ohv activities. Sincerly, Your friend Cary Hernandez (MIAMIGIRLRIDER) www.atvrniaxtreme.com www.floridaatvrally.com www.atvmiaxtreme,org Bored stiff? Loosen up... Download and play hundreds of games for free on Yahoo! Games. F.1p.IIV,\P~;p,.,,\?()()Q\()Q_(\()()fi"l _ n..rlf'_(,ol1if'T P"Tk Amenclment\Documents\Reoort\June... 61212009 .M.l:ll:ltUU.L.h. V..u. ':::1.1.). J From: Cary ortega [miamigirlrider@yahoo.com] Sent: Monday, March 26,2007 II :48 AM To: Chuck.Collins@MyFWC.com; rconover@sfwmd.gov; YPineiro@miamiherald.com; Julio.Robaina@myfloridahouse.gov; Moss, Dennis C. (DIST9); Vega, Olga R. (DISTI2); District12; rconover@swfwmd.gov; McCall, James A (MDPR); GMarston@WRTdesign.com; Falsey, Barbara (MDPR); Diaz, Jose J. (MDPD); Wood, Laura L. (MDPD); Vigoa, Oscar F. (MDPD); Gonzalez, Arthur (MDPD); Diaz, Rene (DISTIl); Guerra, Lorena (DISTIl); Ferrer, Susel (DISTI2); executive@swfwmd.state.fl.us; rand.baldwin@swfwmd.state.fl.us; District9; Districtll; Commissioners@MyFWC.com; curt.kaloostin@myfwc.com; mark.hodges@myfwc.com; christian.rodirguez@myfwc.com;james.marvin@fwc.com; FDA VIS@SFWMD,GOV; jackterrell@tampabay.rr.com; waldroj@doacs.state.fl.us; District!; District2; District3; District4; DistrictS; District6; District?; District8; DistrictIO; District1I; District13; Rice, Suzette (Mayor's Office) Cc: Christopher.Conkey@wsj.com; info@motorsportsmiami.com; sales@motorsportsmiami.com; partsdept@motorsportsmiami.com; sales@aamoped-motorsports.com; sachatauber@rickcase.com; sales@motoportusa.com; sales@motoportusasuzuki.com; sales@palmettomotorsportssuzuki.com; sales@browardsuzuki.com; matts@rivamotorsports.com; roba@rivamotorsports.com; jetpolar@aol.com; aaamoped@yahoo.com; drobinson@ridenow.com; info@palmettomotorsports.com; bmschoppers@psnnewsletter.com; office@yamahaseadoo.com; service@yamahaseadoo,com; sales@yamahaseadoo.com; sales@browardmotorsports.com; service@browardmotorsports.com; mfo@blaiscycle.com; hdsouth@bellsouth.net; sales@rivasouth.net Subject: Pro Bass Shop Airboat & Fulltrack Festival Good morning Commissioners and fellow friends: I would like to thank all of you that stopped by our booth at the Pro Bass Shop Air-boat and Full-track Festival this weekend. Furthermost, I would like to express our gratitude to our fellow hunter, full-track and air-boat friends that extended the invitation to us and made our group and sport a part of this Community Event. Its incredible how 30 minutes each day on a microphone, spreading awareness of our sport and the lack of places our children have to practice it safely and legally while the state benefits in taxes and registrations congregated so many new faces wanting more infonnation about the groups and cause. We raffled out shirts, handed out flyer's, stickers. Over all this weekend event was very very successful and brought many groups and sportsman's together. At the end we all concluded that regardless of the sport we practice we all want OUIDOOR FAMILY RECREATIONAL ACI'IVITIES to remain from becoming EXTINCf and that we NEED SAFE AND LEGAL AREAS FOR FUTURE GENERATIONS to prevent senseless deaths, I hope you enjoy the pictures and I hope to see you all again and the next event. Sincerely, Cary Hernandez www.atvrniaxtreme.com www,atvrniaxtrem.org www.florirlaatvrally.com www.floridaatvassociation.com It's here! Your new message! Get new emaiJ alerts with the free Y~oo! Toolbar. fildN:\Proiect<\2009\09-00063 - Dade-Collier Park Amendment\Documents\Report\June ... 6/212009 From: Cary ortega [miamigirlrider@yahoo.com] Sent: Monday, March 26,2007 1:27 PM To: Chuck.Collins@MyFWC.com; rconover@sfwmd.gov;YPineiro@miamiherald.com; Julio.Robaina@myfloridahouse.gov; Moss, Dennis C. (DIST9); Vega, Olga R. (DIST12); District12; rconover@swfwmd.gov; McCall, James A (MDPR); GMarston@WRTdesign.com; Falsey, Barbara (MDPR); Diaz, Jose J. (MDPD); Wood. Laura L. (MDPD); Vigoa, Oscar F. (MDPD); Gonzalez, Arthur (MDPD); Diaz, Rene (DIST11); Guerra, Lorena (DIST11); Ferrer, Susel (DIST12); executive@swfwmd.state.fl.us; rand.baldwin@swfwmd.state.fl.us; District9; Districtll; Commissioners@MyFWC.com; curt.kaIoostin@myfwc.com; mark.hodges@myfwc.com; christian.rodirguez@myfwc.com;james.marvin@fwc.com; FDA VIS@SFWMD.GOV; jackterrell@tampabay.rr.com; waldroj@doacs.state.fl.us; Districtl; District2; District3; District4; District5; District6; District7; District8; DistrictlO; Districtll; Districtl3; Rice, Suzette (Mayor's Office) Cc: Christopher.Conkey@wsj.com; info@motorsportsmiami.com; sales@motorsportsmiami.com; partsdept@motorsportsmiami.com; sales@aamoped-motorsports.com; sachatauber@rickcase.com; sales@motoportusa.com; sales@motoportusasuzuki.com; sales@palmettomotorsportssuzuki.com; sales@browardsuzuki.com; matts@rivamotorsports.com; roba@rivamotorsports.com; jetpolar@aol.com; aaamoped@yahoo.com; drobinson@ridenow.com; info@palmettomotorsports.com; bmschoppers@psnnewsletter.com; office@yamahaseadoo.com; service@yamahaseadoo.com; sales@yamahaseadoo.com; sales@browardmotorsports,com; service@browardmotorsports.com; info@blaiscycle.com; hdsouth@bellsouth.net; sales@rivasouth.net Subject: ATVMIAXTREME in the Miami Herald http://www.miamiherald.coml460/storv/47850.html Attached please fmd the latest article in reference to atv's and our fight to obtain safe and legal riding area. A special thanks to Commissioner Jose "Pepe" Diaz who is working hard to find a solution to this growing problem. For the rest of you lets do all we can to help Mr. Pete Scalzo open up Opalocka West Airport to aty's. He needs our help and support. DERM is NOW claiming the area is sensitive land.... WHY DO TIlEY CARE IF IT IS SENSITIVE LAND IF IN ABOUT 2 YEARS IT WILL BE TURNED INTO A ROCK MINE PIT TO PUMP MONEY INTO THE MIAMI INTERNATIONAL AIRPORT????? THIS TEMPORARY PARK CAN SAVE LIFES!!! WHY IS DERMHOLDING US BACK!!! WE MUST UNITE AND PUT A STOP TO TillS! Everything else is approved and the Insurance has been obtained now we need for everyone to unite and push for this park to open up to our kids. Read about it here........... htt.p:llwww.keepmedia.comlpubs/MjamiHeraldl20061051l11l548338?extID-l 0032&oliID=213 NOW WHY WOULD DERM even try to stop this when it can save a life to open this place up temporarily for atvs!!". Don't get soaked. Take a quick peek at the forecast with theYahoo! Search weather shortcut. ..l~'IIV'\Prn;,.rt.\?MQ\()Q-(){l(lI;" _ Oarl"_f'nlli,,r Park Amendment\Documents\Reoort\June... 6/2/2009 .......t.....t-......~..........~..~ ~. -. -_. , - From: Breto-Barros, Arlette (DISTll) Sent: Wednesday, March 28,20074:32 PM To: Falsey, Barbara (MDPR) Cc: McCall, James A (MDPR); Nardi, Maria (MDPR) Subject: RE: atv park Barbara, thanks for your prompt response regarding this matter; yes, please contact Mr. Webb and keep us in the loop. Thank you, ebb @ JlIrfette 1Jret:o-'1Jarros Commissioner Joe A. Martinez, District 11 1401 SW 107thAvenue, Suite 301M Miami, FL 33174 Office: 305-552-1155 Fax: 305-552-0577 Email' arlette@miamidade.gov district11@miamidade.gov "Delivering Ex,..l/ence Everyd'!Y" "We ore the ,-hange JIIC wirh to see in the world, Chandi" Miami-Dade County is a public entity subject to Chapter 119 of the Florida Statutes concerning public records, E- mail messages are covered under such laws and thus subject to disclosure, All E-mail sent and received is captured by our servers and kept as a public record. ---Original Message--- From: Falsey, Barbara (MDPR) Sent: Wednesday, March 28, 2007 1:54 PM To: Breto-Barros, AJiette (DISTll) Cc: McCall, James A (MDPR); Nardi, Maria (MDPR) Subject: RE: atv park ~ Hi Arlette, We are going to be meeting with aviation in the very near future to discuss the feasibility of doing an A TV course there. The issue is that they are worlcing with rock miners and the site may not be available to us. The study we are fmishing up looks at a range of options. lf you like we can contact Mr. Webb directly. We certainly understand his frustration and are hoping to be able to help. Barbara Falsey, Ph.D., Chief, Planning and Research Division Miami-Dade County Park and Recreation Department 275 NW 2nd Street, 4th Floor, Miami Florida, 33128 305-755-7860 Phone 305-755-7864 Fax www.miamidade.iov/parks "Delivering ExceUence Every Day" Miami-Dade County is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. E-mail messages are covered under such laws and thus subject to disclosure. ---ortglnal Message- From: Breto-Barros, Arlette (DlSTll) Sent: Wednesday, March 28, 2007 12:14 PM To: Falsey, Barbara (MDPR) SUbject: FW: atv park filp./N,\Prnip.r.t.UOOQ\OQ-OOOlil - Dade-Collier Park Amendment\Documents\Reoort\June ... 6/212009 K}.I.!Jt::l1U.LA V. LJ. :..J.J...J. I Good morning Barbara, Mr. Shawn Webb, Treasurer for the Florida ATV Association contacted our office (see below) requesting consideration for temporary use of the decommissioned Opa-Iocka airport for OHVE. Please advise, thank you, Abb Please do not hesitate to contact with any concerned regarding the above, Thank you for your assistance, 5lrkttt '.Breto-'l3arros@ Commissioner Joe A. Martinez, District 11 1401 SW 107thAvenue, Suite 301M Miami, FL 33174 OJfzce: 305-552-1155 Fax: 305-552-0577 Emoil' arlette@miamidade.gov district11@miamidade.gov "Delivering ExceJJent't! Everyday" "lV'e are tbe ,'hange we wisb to see in tbe world, Cbandi" Miami-Dade County is a public entity subject to Chapter 119 of the Florida Statutes concerning public records, E-mail messages are covered under such laws and thus subject to disclosure. All E-mail sent and received is captured by our servers and kept as a public record. ---Original Message--- From: Shawn & Tori [mailto:t1nallyy2318@bellsouth.netj Sent: Tuesday, March 27, 20074:39 PM To: Dlstrictll Subject: atv park Dear Mr. Martinez I am the current treasurer of the Florida Atv Association. Our members in your area have contacted me regarding opening a piece of property located at the decommissioned Opa-Jacka airport. This could be a temporary solution to the crisis that is facing participants of this very popular sport, in particular the ones who are located in your district, Not having anywhere to ride is very dangerous and encourages illegal activity. Please help us provide a safe, legal place for lhese otherwise responsible citizens. Give us a place \0 go and you will see a difference. Imagine if someone took away your favorite thing to do and told you that you still have to pay taxes on it, I believe you would also be a little upset. Please do not hesitate to contact me if I can be of any further assistance, Shawn Webb 772-216-5952 F.I~.IIV.\Prni..f't.\?noQ\()Q_()()()t\, _ nane.-('o11ieT Park Amendment\Documents\Re1>Ort\June... 6/2/2009 RppenOlX V.D.~D.I From: gerardo rodriguez [jerry@jerryrodriguez,corn] Sent: Sunday, May 13,200712:20 PM To: McCall, James A (MDPR) Subject: Re: OHV Feasibility Study - Review Meeting with OHV Riders - Top Potential Sites, Project Status Thanks for the invitation. Expect me there. Jerry Rodriguez Miami Trailriders LLC ---- Original Message ---- From: "McCall, James A (MDPR)" <JAMCCAL@miamidade.gov> To: Lindsey Withrow <LWithrow@cg.WRTdesign.com>; Silvia Vargas <SVargas@cg.WRTdesign.com>; GMarston@WRTdesign.com; "Heinicke, Mark (MDPR)" <MHEINIC@miamidade.gov>; "Nardi, Maria (MDPR)" <MNARDI@miamidade.gov>; "Falsey, Barbara (MDPR)" <Barbara@miamidade.gov>; "Diaz, Martha (MDPR)" <MarthaD@miamidade.gov>; acollins@jciintemational.com; Brooke.Lynch@djj.state.fl.us; miamigirlrider@yahoo.com; Frank F. Denninger (Business Fax) <IMCEAFAX- Frank+20F+2E+20Denninger+40+2B 1 +20+28305+29+20836-9281 @rniamidade.gov>; pm1 @bellsouth.net; thehump@thehumponline.com; jerry@jerryrodriguez.com Sent Friday, May 11, 2007 3:58:37 PM Subject: OHV Feasibility Study - Review Meeting with OHV Riders - Top Potential Sites, Project Status - When: Thursday, May 17, 2007 5:00 PM-6:30 PM (GMT-05:00) Eastem TIme (US & Canada). Where: 275 NW 2nd Street, 4th Floor Conference Room *_______._*_.___*_a Hello Everyone: Thank you for your continued involvement in the OHV Feasibility Study. I would like to invUe you all to a meeting to review the top potential sUes Identified In the OHV Feasibility Study, and a project status report. The Department is planning to finish the report soon, and would like to have your input before writing the final draft. Please let me know if you are available to meet at this time. Sincerely, Andy McCall. Park Planner 2 MiamI-Dade County Park and Recreation Department 275 NW 2nd 51., SuUe 423, Miami, FL 33128 305-755-7993 Phone 305-755-7864 Fax www.miamidade.gov/parks "Delivering Excellence Every 011)'" Miami-Dade County is a public entity subject to Chapter 119 of the Floride Statutes concerning public records. E- mail messages are covered under such laws and thus subject to disclosure. BEGIN:VCALENDAR METHOD:REQUEST PRODID:Microsoft COO for Microsoft Exchange mp./IV'I!>rn;prt.I')(l()Q\nQ-OOM1 _ n~rl,,-r.nlli"r Park Amendment\Documents\Reoort\June ... 61212009 ...-...}-. }-'.;;;.......'-l....l...rl.. ~.......... -'.....". I VERSION:2.0 BEGIN: VTIMEZONE TZID:(GMT-05.00) Eastern Time (US & Canada) X-MICROSOFT-CDO- TZID: 10 BEGIN:STANDARD DTST ART: 16010101 T020000 TZOFFSETFROM:-04OO TZOFFSETIO:-0500 RRULE:FREQ=YEARL Y;WKST=MO;INTERV AL=1 ;BYMONTH=11;BYDA Y=ISU END:STANDARD BEGIN:DA YLIGHT DTST ART: 16010101T020000 TZOFFSETFROM:-0500 TZOFFSETTO:-0400 RRULE:FREQ=YEARL Y;WKST=MO;INTERV AL=I ;BYMONTH=3;BYDA Y=2SU END:DA YLIGHT END:VTIMEZONE BEGIN:VEVENT DTST AMP:20070511 Tl95836Z DTSTART;TZID="(GMT-05.00) Eastern Time (US & Canada)":20070517Tl70000 SUMMARY:OHV Feasibility Study - Review Meeting with OHV Riders - Top Potent ial Sites\, Project Status UID:040000008200E00074C5B71 01A82EOO80000000090FFEC3BE593C70 1000000000000000 o 10000000B 140DCF03EOB544083022DFE48AC3A 7E ATfENDEE;ROLE=REQ-PARTICIP ANT;PARTST A T=NEEDS- ACflON;RSVP=TRUE;CN="'Lindsey Withrow"':MAILTO:LWithrow@cg.WRTdesign.com ATTENDEE;ROLE=REQ-PARTICIPANT;P ARTSTA T=NEEDS-ACT10N;RSVP=TRUE;CN="Silvia Va rgas ":MAll.TO:SV argas@cg.WRTdesign.com A TfENDEE;ROLE=REQ-PARTICIPANT;PARTSTA T=NEEDS- ACTION;RSVP=TRUE;CN="GMarston@ WRTdesign.com":MAILTO:GMarston@WRTdesign.com ATfENDEE;ROLE=REQ-PARTICIPANT;PARTSTAT=NEEDS- ACTION;RSVP=TRUE;CN="Heinicke, Mark (MDPR)":MAIL TO:MHEINIC@miamidade.gov ATTENDEE;ROLE=REQ-PARTICIPANT;PARTST A T=NEEDS-ACTION;RSVP=TRUE;CN="Nardi, Ma ria (MDPR)":MAILTO:MNARDI@miamidade.gov ATTENDEE;ROLE=REQ-PARTICIPANT;PARTSTAT=NEEDS- ACTION;RSVP=TRUE;CN="FaIsey. B .I...1l:-.l:-.t::.l.lU...1.^ V..L.J..;.JJ...). f ATfENDEE;ROLE=REQ-PARTICIP ANT;P ARTST AT=NEEDS-ACTION;RSVP=TRUE;CN="Cary Hem andez (miamigirlrider@yahoo.com)":MAll..TO:miamigirlrider@yahoo.com ATfENDEE;ROLE=REQ-PARTIClP ANT;P ARTST AT=NEEDS-ACTION;RSVP=TRUE;CN="Jose Camp s (pm1 @bellsouth.net)":MAll.TO:pm1 @bellsouth.net ATTENDEE;ROLE=REQ-PARTIClP ANT;P ARTST AT=NEEDS-ACTION;RSVP=TRUE;CN="Marc Lane (thehump@thehumponline.com)":MAILTO:thehump@thehumponline.com ATfENDEE;ROLE=REQ-PARTIClPANT;P ARTST A T=NEEDS- ACTION;RSVP=TRUE;CN="1erry@je nyrodriguez.com''':MAll.TO:jerry@jerryrodriguez.com ORGANIZER;CN="McCall, James A (MDPR)":MAILTO:JAMCCAL@miamidade.gov LOCATION:275 NW 2nd Street\, 4th Floor Conference Room DTEND;TZID="(GMT-05.00) Eastern Time (US & Canada)":20070517Tl83000 DESCRlPTION:Hello Everyone:\N\NThank you for your continued involvement in the OHV Feasibility Study. I would like to invite you all to a meeting to review the top potential sites identified in the OHV Feasibility Study\, and a project status report. The Department is planning to fmish the rep ort soon\, and would like to have your input before writing the final draf t. Please let me know if you are available to meet at this time.\N\NSince rely\, \N\NAndy McCall\, Park Planner 2 \NMiami-Dade County Park and Recrea tion Department \N275 NW 2nd St.\, Suite 423\, Miami\, FL 33128 \N305-755- 7993 Phone 305-755-7864 Fax \Nwww.miamidade.gov/parks \N"Delivering Excel lence Every Day" \NMiami-Dade County is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. E-mail messages ar e covered under such laws and thus subject to disclosure.\N \N\N SEQUENCE:O PRIORITY:5 CLASS: CREA TED:20070511 Tl95836Z LAST-MODIFIED:20070511Tl95837Z ST ATUS:CONFIRMED TRANSP:OPAQUE X-MICROSOFr-CDO-BUSYST A TUS:BUSY X-MICROSOFT-CDO-INSTIYPE:O X-MICROSOFT-CDO-INTENDEDST A TUS:BUSY X-MICROSOFT-CDO-AllDA YEVENT:FALSE X-MICROSOFT-CDO-IMPORT ANCE:1 X-MICROSOFr-CDO-OWNERAPPTID:-540321833 X-MICROSOFT-CDO-APPT-SEQUENCE:O X_MICROSOFr-CDO-ATTENDEE-CRITICAL-CHANGE:20070511 T195836Z X_MICROSOFr_CDO_OWNER_CRITICAL-CHANGE:20070511 Tl95836Z BEGIN:VALARM ACTION:DISPLA Y DESCRIPTION:REMINDER TRIGGER;RELATED=ST ART:-PTOOH15MOOS END:V ALARM END:VEVENT END:VCALENDAR ,- fi]p,./IV,\Prn;P.r.t.\2009\09-000Ii3 - Dade-Collier Park Amendment\Documents\Reoort\June ... 61212009 ..,r:-,r:-------- From: Katie A. Edwards [dcfb2@bellsouth,net] Sent: Tuesday, June 05, 2007 2:13 PM To: McCall, James A (MDPR) Subject: Thank You Dear Andy, Thank you for making a presentation to the board of directors today. You did a great job explaining the options and implementation process. Please keep us abreast of any developments in the OHV park project. Sincerely, Katie Edwards Katie A. Edwards Executive Director Dade County Fami Bureau 1850 Old Dixie Hwy, Homestead, FL 33033 Phone (305) 246-5514 ex!. 226 Fax (305) 247-5570 Mobile (305) 281-7323 www.dade-agricuKure.org F.l,.,//V,IPrn;,.,.t.I?I\OQI()Q-()()()f;':\ _ T1An....rolli...r PArk Amendm"nt\Docum"nts\R"Dort\June ... 6/212009 - AppenalX V.V,~D. I From: Johnson, Will (DISTI) Sent: Monday, July 23, 2007 11 :45 AM To: McCall, James A (MDPR) Cc: 'Brian.hannigan@mch.com'; Bernstein, Ron (CAO); jdiberdo@mdpd.com'; Rock, Darin (MDPD); Arias, Ruben J. (DISTI); Caviglia, Silvia (DISTI); Kim, Inson (DIST7); 'JClauser@EFOF.org' Subject: Kid's Safety Week Mr. James McCall Parks And Recreation Department ,- Your name was mentioned in a Miami Herald Neighbors Section article on Sunday in reference to possible ATV riding sites (Parks). I have been meeting over the past few months with people and organizations who are concerned with the escalating number of accidents, traumas and deaths revolving around what we call: "Kid Motorized Vehicles." This designation includes: 1) Off-road Dirt Bikes 2) Motorizes (battery powered) Toddler Vehicles (Barbie Convertibles etc...) and 3) ATV's of all types. We noticed that more of this type "toy," is being purchased for Christmas and the number of accidents have gone up exponentially. Prompted by growing number of these vehicles on city streets and busy highways __ are engaged in drawing a resolution that will call for one week in November to be declared .Child Safety Awareness Week." The Commissioners and other elected, expert and those charged with public safety -- will use this week to publicize (bring to the attention of parents and guardians) the responsibility that goes with the purchase of such vehicles. Also stressed will be the importance of "Buckling-Up. and using the proper auto restraint devices while transporting kids. The target age (Kids) 2 to 18 years of age. I have attached a draft of the Resolution. Our group convened by District 7, County Commissioner Carlos A. Gimenez, consists of the Metro-Dade Police, Miami Children's Hospital, The Epilepsy Foundation and the County Attorney's Office. Since you have been studying the possibility of legalized space to operate ATV .- we feel that a representative from Parks and Recreation Department should be on hand and a working member of the Resolution Committee. A large part of the awareness campaign -- logically -- should come through our parks system. The campaign will seek to make parents and guardians think twice before purchasing a motorized -- non-street-Iegal vehicle for a child -- unlicensed and under 18 years of age. If we can not persuade most to make an alternative purchase -- then we want them all to know that there are limited places to legally operate such vehicles and whole lot of safety equipment in recommended and a whole lot of personal supervision is required. We hope to convince some major retailers (Toys are US. Wal-Mart etc...) to join us in dissemination information to parents and guardians at the point of purchase. - filf'dN:\Proiect~\2009\09-00063 - Dade-Collier Park Amendment\Documents\Report\June... 6/2/2009 Please email or fax any of your findings to date (possible ride sites) on this issue. We would also like Parks and Recreation to opine on the Draft Resolution. You or a designated Parks Representative will be invited to our next meeting. Thanks Will Johnson Aide to Miami-Dade County Commissioner Carlos A. Gimenez District 7 (305) 446-3311 (305) 660-4003 Cell: (305) 310-2075 Fax: (305) 569.7672 mp.:/N:\Proiect.\2009\09-00063 . Dade-Collier Park Amendment\Documents\Report\June ... 6/212009 ~..1:..1:...-..................... .. ~. ~~. , ,,- From: Cary ortega [miamigirlrider@yahoo.com] Sent: Wednesday, August 08, 2007 10:45 PM To: jackterrell@tampabay.rr.com; waldroj@doacs.state.fl.us; District!; District2; District3; District4; District5; District6; District7; District8; DistrictlO; Districtl I; District! 3; Rice, Suzette (EPS); Ferrer, Susel (DISTI2); Diaz, Rene (DISTl I); Guerra, Lorena (DISTl I); GMarston@WRTdesign.com; Falsey, Barbara (MDPR); McCall, James A (MDPR); Ju1io.Robaina@myfloridahouse.gov; Moss, Dennis C. (DIST9); Vega, Olga R. (DISTI2); YPineiro@miamiherald,com; Chuck.ColIins@MyFWC.com; mark.hodges@myfwc.com Subject: LEGAL AND SAFE RIDING AREAS IN MIAMI-DADE COUNTY I would like to share the news that Mike has come out of his coma ell and is recovering from his atv accident that he had a few months ago. It is truly a miracle that we did not lose this child to another tragic senseless atv death. Several OHV Groups and I will continue to do everything in our power to ensure that this Community fmally provides our children with a safe and legal riding area for them to enjoy this family sport. Mike was on of the lucky ones but not every case is such. Gus, Alan. Kyle and Walter are only a few of the children we have lost in the past year but they can rest assure we will continue our fight on there behalf. To those Commissioners such as Jose "Pepe" Diaz, Katy Sorenson and Joe Martinez and Mayor Alvarez that have handled this problem with such interest I thank you from the bottom of my heart and for those of you who still have not even returned a phone call I suggest you start listening to the needs of your REGISTERED VOTERS! -, Sincerely and working together with you, Cary Hernandez www.atvmiaxtreme.com www,atvmiaxtreme.org Ready for the edge of your seat? Check out tonight's tOJl picks on Yahoo! TV. ,- file:/N:\Pmiects\2009\09-00063 - Dade-Collier Park Amendment\Documents\Report\June ... 6/2/2009 From: Falsey, Barbara (MDPR) Sent: Monday, August 28,2006 8:58 AM To: McCall, James A (MDPR) Subject: FW: Question from Representative Zapata Follow Up Flag: Follow up Due By: Monday, August 28, 2006 2:00 PM Flag Status: Flagged Andy - please get me a quick status report on where the consultants are and what we have done to date. Include the funding source, Thanks Barbara Falsey, Ph.D., Chief, Planning and Research Division Mlaml.Dade County Park and Recreation Department 275 NW 2nd Street, 4th Floor, Miami Florida, 33128 305-755.7860 Phone 305-755-7864 Fax www,miamidade.aov/Darks "Delivering Excellence Every Day" Miami-Dade County is a public entity subject to Chapter 119 of the Florida Statutes concerning public records, E-mail messages are covered under such laws and thus subject to disclosure, --Original Message--- From: Donnell Rodriquez, Vivian (MDPR) Sent: Sunday, August 27,200610:20 AM To: Gregg, W. Howard (MDPR); Falsey, Barbara (MDPR) Subject: FW: Question from Representative Zapata Update me on the study so that I can respond to this. Thanks. From: Sanchez, Caudla [mallto:Oaudia.Sanchez@myfloridahouse.gov] Sent: Thursday, August 24, 2006 12:54 PM To: Donnell Rodriquez, VIvian (MDPR) Subject: Question from Representative Zapata Ms. Rodriguez: Rep. Juan Zapata would like il there are any plans to build or acquire a facility (that provides lor oft-road biking, skateboarding, paintball, etc) in Miami-Dade County. II there are, how far along are those plans in the process? II there aren1 any plans, what can our office do to encourage such a lacility (or in other words, what is the process)? We would really appreciate your help. Thanks for your timell!! Claudia Sanchez Legislative Aide Representative Juan C. Zapata T 305- 273-3288 T 850-488-9550 F 305-273-3290 file:/N:\Proiects\2009\09-00063 - Dade-Collier Park Amendment\Documents\Report\June... 6/212009 .....1:-'1:-''-.....-...........,.. . .....,.....,"""'.. From: Jim [jim_wUdecl999@yahoo.comJ SeDt: Monday, September 18, 2006 10:28 AM To; McCall. James A (MDPR) Subject: Re; FW: Updated: Off-Highway Vehicle Feasibility Srudy - South Florida Water Management District and Miami-Dade County Jim, I trust the meet:ing is still proceediog as planned. If not, Jet me know. I will be driving down from Palm Beach County around 12:30 PM today to attend. - Let me know if there iJ anything you need from me, either in my role as the Plesident of the Southeast Florida Trail Riders. Vice President of the Florida Trail Riders (the nonprofit orpoization that sanctions statewide events) or as the Chairman of the OHV Advisory Committee. See you at 2:00 PM. Jim Wilder S61.702.30IO(mobile) "McCslJ, }tI1IIel A (MDPR)" <JAMCCAL@-:._u .J_ fOI'> wrote; When: Monday, September 18, 2006 2:00 PM-4:30 PM (GMT~:OOl Eastern lime (US & Canada). Where; SFWMO Miami Regional ServIce Center, 2121 SW 3rd Avenue, Mami, FL - 6th lloor conlerence roall. O_.L_O_O_.L_O_O_.L_.L_. ---ortgIfYl ~r _I. ....1 MQI.~Ii(MDl'R) ..nt:~,s.pIIelIlbII'06.200li3:05"" TCII Mc:CII.__Ii(MDI'Il);~r-.._.cLlIIJV;~dlslgn~SIII'IlIv.rg.;lhIMrWlllwoor,~IIIMblI'I'.JI.ccm;B\ny'dd,6w.n(DERM);yaung,EmI"(Ol!IUIl);~OIrtI-(D!RM);SonIlll. lIJ8nt(D5M);filnII)lR,.Y1IIIndI(tlEM) CcI ............. (MDPIO;"-" EtIc (MDPIQ; NIr1I. MIrtI (MllPIIJ: ~ Mmt (MDPR); Ola. MIIIb (MDPR); SmIlh. Juon; on.r..~; W1Idrot1,:John ~ ~~~""S1udr.5cUhflorllRW...,~OlMrI:taclM~Ccunly ...... MandBr.5eplembw18,2DOli2:00PM04:31OPM(GMT.05.-eD)EIiIWIn,....cusaCInMI). WMrotI SfWMD_RegIiIn8ISInIl:eCenllr1.UUWllJd-...-ml.R-~flDar~lWIII. Everyone, The MamJ..Oade ~ Park and Reaeatkrl DeparllTlent Is In 1he process aI ccmpl8ling an OfI-Hlghway Vehicle (OHV) Feasibility Study. a search for land or corridors for OHV traI$ on tInY evailab1e property within 1M Couriy bound8r\eS. The DeperPent (and CCI'ISOItant 188m from Wellace, RobelUi. and Todd. LLC)are In the process olldentltying Jands that are mm suitable for OHV treIIs. The Soulh Aorida Watl!lr Management DlsIIIct (SFWUD) has a wide variety oIlarpe 1lCf8&g8S. natural corridors. and canal rights-of way thai coukt serve at areas tor OHV recreation. Plea$e attend thill ImporWd meetlng, as we dSCJSS lhe passlbiliUes lor QHV recreation wIlhln SFWMD lands. Please lei me know If this dale and time works for your schedule. ....on, 'Th8nk8 again 10r IMlIpIng to c:oordnBte this meeting. end lor provkIng the meetlng room. Would you please forward this meeting request 10 Mr. Davis. and to all ol1he lend mar'I8QeI5 end plamers -' SFWMD thai are Interested? ,- "-. Andy IIcCe1l. Pari< Planner 2 M1aml-Dacle COUnty Perk.nc1 _ Depart"""" 27S rN/2nd St.. Sulta 423, Mlemi. Fl33128 305-756-7993 Phone 305-755-7864 Fax www,mIam_,gov/porb 'OOllYerlngliJr_ Every Day' MiIIIm~ County J$ B public entity subjecl to Chapter "9 of the Florida Statules concerning public records. EafTlBR messages are covered under such Itlws and thus subjecJ 10_, JimWlIdcr 561.702.3010 <lDObile) ~, fil.."IN,\Prniects\2009\09-00063 - Dade-Collier Park Amendment\Documents\Report\June ... 6/212009 ".- APPENDIX V.D.5b.8 LEE COUNTY AGENDA REQUEST FORM ,-- ".- Appendix V.D.5b.8 Management & Planning Committee Agenda Request Form COMMISSION DISTRICT # PRESENTED BY: John Yarbrough. Dept Director REQUESTED BY:Administration TITLE OF ITEM FOR THE AGENDA: Off Highway Recreational Vehicles (ATV's & Motorcycles) l. DescriDtion and Obiective of the issue: Lee County currentIyhas no facility for citizens to ride AUl'errain Vehicles (ATV's) or off road motorcycles. As a result, there is widespread illegal use of both private property and public property by these users. Lee County has applied for and been awarded grants from the Division of Forestry ($70,000) and the Department of Environmental Protection, Office of Greenways and Trails ($437,420). These funds are available to identify a site, and develop an A TV and motorcycle facility for the express purpose of providing safe recreational opportunities in an area which will not be detrimental to the natural environment. Amenities will include marked trails, restrooms, parking area, training area equipment washing area, and a small administration building. 2- ProDosed Policv. Procedure or Plan of Action BoCC give direction to Lee County Parks and Recreation to accept the grants and to identify potential OHV site or sites. This would be a Board policy decision as to whether or not this should be a duty of Lee County Government. 3, Options !List advanta!!eS/ disadvantalZe' of each ODtion li.ted) OPTION #1: Allows Lee County to accept $507,420 to develop a plan to encomage OHV use in a recognized facility which is properly planned and developed. ADVANTAGE: Allows Lee County to offer approved site for OHV's and motorcycles. DISADVANTAGE: Lee County incurs financial burden of developing facility and potential liability. OPTION #2: Do not accept the grant and do not pursue an OHV Park. ADVANTAGE: No costs to Lee County DISADVANTAGE: Riders will continue to use public and private lands. 4. Financial Imnacts 1 Fundin!!: Source Lee County has been offered two grants totaling $507,420 for the design and development of this project. Parks and Recreation bas a total of $600,000 budgeted for the next 2 fIScal years in Regional Park Impact Fees to match the grants,. i-- Item #4 Page 1 of 8 Appendix V.D,5b.8 Page 2 of 8 5. Staff Recommendations and Justifications for recommendations Staff recommends Option # 1. OHV use is an extremely popular recreation activity in Lee County and is supported by the State and Federal Governments. Lee County ranks in the top five for numbers of participants in the State of Florida. In the last few years, Lee County has experienced an increasing number of riders trespassing in search of a suitable riding area. As such, public and private lands have been damaged by unsupervised activities and on several occasions there have been very serious accidents. 6. Mandated? YesD No ~ Bv what authority? Meetimz Date Time Reauired JW4.. ~I l..OO1 I Q tttIVlf,f(( S" Appendix V.D.5b.8 Page 3 of 8 - - ~tolCl4. ! - MO-r(JFI.C(lJ,.e/^TV PAtcf<. 'ofJGePTU~ PLAN . !.Ie "'LINT"( ,.~". & "ee",4..,.,cN t (I C.1.IAI~ Appendix V,D.5b.8 Page 4 of 8 , . . .,. ~ f. ~ . - > - .... ~ LLI VI ...I c t- """ ,9 - .... t- o u .... co #. #. #. #. c VI ?f? ...I Q) c ~ ~ ~ 8 u (1S I'-- <C ... ... T- .-- Q) I- Z a. co 0 .... 0 - l- e> VI 'q' """ c f::i. w 0 .9 ~ ~- ... Cfl T- IX: Q) - 25. ~ ~ u ~- ..c '" E M .- VI Cfl l:8 ::J C (D ..- M Z '" ... I- ... C Q> o ..c '~E T- N M 'q' Q) ::J C::Z co o o ~ ~ ~ >- i cu ~ 3: :] .c tJ) .~ tJ) OJ - .- Q) J:Q) m ..J J: 0 j::: :=0 ~ cC 8~<( o~< ~ (.) I~ I is i - ~ en mO - z:t z :J:t :J f- Ll- B . 0 0 . > m w - (J LOCO Z 00 00 cC NN ::J en~ ~~ - ~~ ~>- 00 l- NN - I- ~ - ('I')~ 3: 00 00 :J: NN C) - :J: - LI- N('f) LI- 00 00 0 NN - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 LO 0 LO 0 LO 0 LO 0 LO ~ ~ ('I') ('I') N N 0 .,.... .,.... N ;;: N N - Appendix V.D.Sb.8 Page 5 of 8 Appendix V.D.5b,8 Page 6 of 8 ~ ai ~ 0 8 to: ~ ~ Z :;) ui 0 0 8 w 0 0 ui ifi :8 .., Q on i.i5 w 0:: 0 0 ~ 0 on U) ~ ~ 0 :i: .... w 8 i= > 0 w ..' ..J ~ U I/l 3: ~ ~ w ..; > co (!) l:l :i: ..; 0 LL 8 LL ..; 0 0:: 0 LL 0 U) st 0 z , .. 0 0 I$. 0 ti N ... ~ l;:; ~ ... 11 ~ 8. ~ ~ !& .. !:: l- I 0 ~ 0: ~ 0 0 0 z w en ~ 0: <( W 0 W ~ ~ 0: Z Z .... (/l w 0: ~ 0: :::l 8 :::l W in ~ .... 8 aI W ::::i w en w J: ~ 0 ~ 0 0: ::::i :::ii 0 ~ ...J ~ 0 ~ ~ ~ u.. J: I- CJ ...J (/l 0 :::l ~ ~ en J: :::l 0 ~ w 0 ...J ...J t3 0 ...J W 5! g , 0: ;) ~ CJ 0 Cl (!l 0 aI 0: en u.. u. (!l a 0 aI J: CJ W C! aI CJ ... ~ -, Appendix V.D.5b.8 Page 7 of 8 r-- I . ~ ,..; 8 oti <:) 8 oti .- .... '" 06 8 06 .... ~ III .; w E <:> I- ~ 8 w .; ..J U X ~ 01 8 i& <"i N 18 0- N 8 N 8 ,..; 8. .... <:> ~ ~ uJ ~ 8 ~ :J: lfi 0:: ~ Z W ~ W ~ ~ ~ z w z z w ~ (!) w 0 l: ~ 0 I o - 0 :> ~ Q ~ ~ ::) ~ ~ ~ en ~ ~ i ~ 0:: - (!) ~ ffi ~ 0:: 0:: W ..J W Z ~ 0 ~ w ?( to ~ :J: ffi :J: :J: ~ u. ::l t!) lb ~ :J: :i: ~ Q :g :!!: .., <:) ..... ~ :i: l;; Appendix V.D.5b.8 Page 8 of 8 ... I;j <D -~-'-_._-'---- - <D ~ ,..: ~ <D ~ ~ II) ~ .. 8 or) ... .., 8 at 0 III .; ~ I- W ...I U 0 ~ 8 N M S .. N ~ N 0 0 0 ~ N 11). ... ... ... S o ~ ... 0 ~ ca w w ~ :I: 0 ~ ~ ~ ca ~ w III w IX ill IX Z ~ ~ z z w (!) ~ u ~ ~ z U w 9 0 III ~ 0 ~ 0 In ~ 0 ~ 0 0 0 0 :I: :::l ... Z Z :::l :::l ~ rJ) 0 0 w ~ ll. I- IX ~ Z 0 ::! ~ ~ w ~ :::l g ~ :! ~ :I: t.) In :::l :i ..., :::l Z t.) 0 rJ) ~ Z ll. ~ Ii; Ii; rJ) 3: x ~ w 0 a: ca w 0 w ~ (/) :::l ~ tIl ~ ~ ll. 0 ~ N ~ i-'" APPENDIX V.D.5b.9 OHV TITLED IN MIAMI-DADE COUNTY --- -, &8 OFF-H'GHWAY VEHICLES TITLED FOR 2002.2006 F\.AiI'JING 6.I'I:ESEAACH D!'I1'91)N P,Io.RIf AN[)~[CRE':'T1ONDrp...Rn,n-lT J'JUlr.'J; (lHV MGCm.,<j SOURCE ~'i'l11 0Jf /1'gh..,l'j' 53fOC1 t IJI(ot'-" v...r,,<~:". (OHSM\f, - 8roVlard County . " <F~ .r .{ '. . 0." . -" .0 . > % . ~ M'<lmi.Dade County . . 3Hoj $1 . . ~ % % < g . ~ o. ,/."S. ." :II!O -<~. ,.. . ... . '. . . . . : . . ... . . nITH 51 Legend 3':12NUSr . . DHSMV - Households Wth OHVs Titled in MOC: 2002~ elCY addnion Big CyPf"S NP -. "_.\>. Evcrgl;a!ies N W+E S o i< ~ % < ~o o % " 't '" ~ WCA-2 WCA-JA, WCA-3B State Park, County Parks Environmenlaly I!ndallgered land Sites 5 Miles , ' ""0'; _ Everglade. addition \Nolle.. ConSeNation Area o 1.25 2,5 - Major ROad& <( UJ cr <( z o I- <( UJ cr U UJ cr CJ) CJ) UJ cr 0- >- U cr UJ ...J ...J o U . UJ o <( o 0> .0 It) o > X o Z UJ 0- 0- <( .- APPENDIX V.D.5b.l0 OHV TITLED IN COLLIER COUNTY - STATE OF FLORIDA DIVISION OF HIGHWAY SAFETY AND MOTOR VEHICLES LOCATION OF TITLED OHVS WITHIN COLLIER COUNTY "" . "" . "" I ~.... ~ ~ "'- LEE _m. - II <:It_ . . ,: !- m .. COlliER . '.,\:\, ... "'" Legend o 1.25 2.5 5 .. .... .... ~ .ci on ci " " >< .... is z w "- "- '" N w+E S MAY 13, 2009 DHSMV OHVs TItled In Collter County 2002-2009 - Highways Ma"or Roads Miles 1 inch = 1,8 miles .-.-., APPENDIX V.D.5b.ll FLORIDA OHV COUNTY TITLE ACTIVITY, 6/30/02 to 12/31/08 ,-- - 00 -0 o N --rr M ........ ........ N rl I N o -- -- o M -- - ~ .,>... .f-I -S -- t <( OJ .f-I j.=: >-. .f-I C ::) ,- .... U '" ~ Vl , " .... N ~ co N' r! Vl W -I U - J: w > >- ~> J:f- "2 -,.::::> J:O ltu OW et:U O~ l.L.a 'Vl "'- 2Vl o~ - f- > '" u CD ~ <( ,,' Vl 2 <( et: f- w -I f- - f- Ll'\ '" "', co '" '" N ",' o '" -- ---an- ~- Iii W ---l t: f- W -1 o :r: w > --", o 0 '" N '" .... '" N ~ Ll'\ N' '" .... "!. N .... Vl .... 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'" o o '" ",' '" '" '" '" .... .... .... ",' .... o o N- ~ '" ... '" ~ ~ ... ... .... '" '" o ... '" '" '" ".- APPENDIX V.D.5b.12 OHV ORGANIZATIONS AND CLUBS ..- - -- ;:: " ;:: o " " " I!!:!I cd Y c::::D ~ I!!:!I ~ ~ ~ ,'...,' :E: ~;: _,_ ~ @i ... ~. I r.:::?" L&. u&< c"- 0 ~,' :;/ ~. "f: .~ '';.~~/I>l:~ f(~'. .; ,'J<.o _ " ". ., j "If.'v,,.,; ",-,'.. ;1. ~ I, ",,.:''' . )..' t~ .:~, · """,,:'f;, . . r' ~~~.(_..-- '-: , ,'" 'i ...-,,,._'.::" . -. ';;: " Z <:: i N .c on o :> ~ '6 c: ! ~ g '" QO ..... :g, ~ 0 " ~ ~ N U ~ '" -< " C ~ ,9 ~ ~ " ~ :;; u ~ " 0 QI) ~ '" <I.l >- C '0 l E ... - gj III ~ C ~ 0 ::) c Jl :J: nI tlI > ~ ~ 11'I - " i ~ s: Q;. Cfl 0 Q.:. >- " ..c -: ;r: 1 0 < 0 t- o Ii . 1 ! .; ~ .s ell ~ '" ~ "a-1 'f5 Ec li::o ~I ~I '" OJ, 0>::1 "31 ~ '" ell " u is ~ u ('.) i: > " '" > ~ c .cg :r:~:f ~:;.;I:t: 0,,0 . . . -0 ~ C " '" " -1 c c " o u. . . ~ '2 ';; ~ I-- ~ -0 C '" ..J .2 ~' :o:.a = ~ ";~ ~ " ';;; C':f .5 ~ ,~ " Cl U 0>:: . . . bl ~I >: E! 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" '" Q) I) 0 I) ill 0 <0 > '3 .r:. c do ~ u 0 "- '" 0 w :! . ;ii N '" '? '" '" 0 :", Q. z S~ ..;\. (.) u (.) 0 ,- 0 . .r:. '" .~ . (.) (.) 0 " c ~ D ~ N ','( > ~ > ~ @ Q, . ( ~ ,: ,'~ :J: w J: " 0 ... 0 ... Z !" Z !" ~ N ~ <; M N ~ ~ ~ G ~ - 0 ~ ~ ~ > 1 II ~ ",,,,,,,......'" I VI ....t:"'J^'U~.VIC ....",,,,o;;,n,u,,,,, M.""'''~''' AboutARRA News Regional Access Issues Public Meetings Federal Legislative Update Federal Regulatory Update USFS OHV Route Designation Center Share ARRA! Tell-A-Friencl If you have already registered you can help be a stronger voice by sending e-postcards to others_ Our grassroots movement needs more voicesl Use our Te!I.A.Friend page to help someone else stay informed by registering to receive ARRA's Jegisiati')8 alerts and newsletters Education Opportunity i\ TV RiclercourS9 ARRA encourages all ,~T\/ riders to take an approved ,t, TV training course Registration is now available onlinel Visit ti,e AT'I -Safer') In3titu!3 HC)rneni'l~ for rnore infom:alion \Gtiun , -) .~ ;~; .;' '-, ! ..,3icl'-l lHJ ':lith l\rncriCJilS ,:::Oi . ~ Hou.3e Bill to Overturn 3an .:)1"1 Youth ATVs and Dirt Bikes Introducad! -~s-:;:jDn~ib!e :;'ecr2a'Uon&I/~:::G3S3 ..T,';:ii-.:\-Frienci '-=.2 . ~ Senate Bill to Overturn Ban on Youth ;\TVs and Dirt Bihes Introdur~edl Let your friends know about Americans For Responsible Recreational Access . Leqislation th3t \'VouJd Cio3e ;'Jubii;:: Lan:.J3 to l\lanv Forms ;)f ~ecreation r~eint(oduced . >. ~ ;': () : I . i J l , Email I Password I I o Remember me? I Log in I r,eed/fcroot oass\f/orcl?l ,\-,;-Zl{;\'.; \/i)1c>:: !)tl :,J)j l'lt Ii: ';;., PROTECTACCE,SS TO '/OUf/-(,iT\fS 8< OIPTB//<ES - SEf\.JO LE.:TTEF?rO CO/llGFIESS /1101,;'; WARNING: Youth ATVs and dirtbikes can no longer be sold! A Consumer Product Safety Commission-related crisis regarding the huge consumer product law passed last August has had the unintended consequence of banning the sale of A TVs and dirtbikes for use by young people. You must send a letter to Congress immediately! TAKE ACT!ON NOW' \llashinqton ;'L~WSIJ(Uj' , l'iia';WOS A new guide Sharing Our Trails is now available; recommendations announced to improve RTP; and more details about how you can help oppose H.R. 980, the iII- concieved Northem Rockies Ecosystem Protection Act. All this and more in the May newsletter. Posted: May 1, 2009 :':~:' "l;~ .i");~ ;'_1 r;-...' ~_'\'. r ' i . _,ILl,", ~.l. '" ... .j ..... _. ( ;; j ,;' :1,-' I' '. .:'\ .ijl, .\v..Ji.,... i'l ''''1'' ,., :"1'" '1 _ {.,,';' >jl i:"'4 1)1 /)n:'L; JS:; ..i ;:) The U.S. Forest Service is in the process of implementing its Travel Management Rule. The rule requires all forests to designate and map OHV routes and when completed, no OHV use will be allowed except on these designated routes. Now that individual Forests are in the process of implementing the rule, it is extremely important that OHV riders participate in this process. ARRA will continue to provide you with as much advance information about the designation process as possible. Appendix V,D,Sb,12 htto:/lwww.arra-access.comlarra/home.hlml (I of 3)5/snOO9 2:26:56 PM - ThcARRA Too/Vox ~ Get ETI' Grant ApphcatJons and Infonnauon l> C'ontact the U ::: Forest ~~er,1ce l> Leam How to Contact Federal AgencIes " ,::end Us Your Ideas and ~~uggesuol1S CurrC;I~t /\c!\/ocacy C':~in:)aiqns {rO:l1 .":\In ~ri:-~c:11:'; '7Jr !(-:;:;pJ(i,sibl;~ ,:c,.:;r9atioilO! /\CG8S::i f.Wl ~ House Bill to OV9rturn 3an on Youth ATVs and Dirt Bikes Introduced! March 26, 2009 ~~'~~I!,~!l f.Wl ~ Senate Sill to Overturn San on Youth ATVs and Dirt Bikes introduced! March 25, 2009 PrBvio!!s ,\dvoc'>Jcy ;~;jnlp(d(ln::; f(fnn ;-dnericC'\rL3 ;::y.. ;'1r::-;ponsible r<ecreatiollal /\CC8S3 - Leqislation that Would Close Public Lands to Manv Forms of Recreation Reintroduced April22,2009 Omnibus Public Land Leqislation is Back! March 17, 2009 MIC and SVIA Requests for Exclusion re: A TVs and Dirtbikes February 12, 2009 Urqe Your Representativl. to Vote Aqainst S. 22 Omnibus Leqislation! February 09, 2009 UrCle Your Senator to Vote No on Restrictive Land Use Bill! Aqain! January 07, 2009 Urqe Your Members to Support RTP Fundinq in Stimulus Pac:,aqe January 05, 2009 Uroe Your Senators to Vote No on Restrictive Land Use Sill October 01, 2008 3upport a "Rain'! Dav" Fund for 'Nildfire Suporession September 03, 2008 r~(~c~~nt j\1a~;3ag0:1 {roiii /\rn:.:ric:'li.l~; ;=C( , Leqislation that Would <;Iose Millions or Acres of Public Lands to ,Manv Forms of Recreation Reintroduced April 22, 2009 Omnibus Public Land Laqislation is 8ack in the Hou391 March 20, 2009 - House Fai!3 to Pass S. 22 Omnibus ?ublic Land Leqi3lation! March 13, 2009 t~~f,Q~iijj!,!j .;i:)!~~ ::~r.:;':~(;ationa! ,"'J:C'::~1S .3upoort OHV ,1ecreation! February 27, 2009 Prot8ct ;.\CC93& to Youth j\ TVs and Dirtbikes - .3r:)nd Letter to COnQreS3 "'10'// February 17, 2009 Urq;j 'fofJr ;~;'80(::sentatj'/'3 to VQt~ /\Qainst S. 22 Omnibus Ler:jislation! 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'>''''''l ,,,,,,,,....,,, ~A ~-=-V Safety Institute !;~JJ Rldf:- 'rulf] n I BefOll Yuu Ride flc'd ,1 Information R ''''f ~ll t C' ,L c';)r , -~~-------- ---------------- - Rlrllrq G' r /IS] rloe lets Cont'et Us llhrc-ry /::,' " T " l ,'r" ) , :::"Sf .~C.-::Fj About ASI The AU-Terrain Vehicle Safety Institute@(AS!), a not-far-profit division of the Specialty Vehicle Institute of AmericalID (SVIA), was formed in 1988 to implement an expanded national program of all-terrain vehicle (ATV) safety education and awareness. ASt's primary goal is to promote the safe and responsible use of ATVs, thereby reducing accidents and injuries that may result from improper ATV operation by the rider. Media Information ASl Press Releases I SVIA Press Releases 1 Info Sheets Public Service Announcements I Images I AS! in the News SV1A in the News For the ATV RiderCourse,. nearest you, call toll free (800)887.2887 ATV Safety Institute E-Course ENRO 0 Watch. Ride Safe, Ride Smart This eight.minute video demonstrates the importance of getting a proper start in A TV riding, whether you ride A TVs for recreation or for business. Two families are profiled; both sets of parents lead by example. emphasizing riding an A TV that is right for your age, wearing proper protective gear, supervising young riders, and respecting the environment They also recommend taking an A TV RiderCourse to get the most from your ATV For a CODV of the video click here Now r~,; AII-TerrJin Vehicle Safety Irosr.it'Jt~ (A31j. a not-IO(-pr0~ir. divisi')" ~f 'h:. Sp~:ia:t! /?~;c:<o Ir;s';.u:e ~f ;\mClrica 13VIA), was F'Jrm3cJ ;.l 13S3 ~'} :mpi,~me,-,~. :):;, a_~!,an0eQ flil,ion:11 ;::rcvram of Ol:!-:ernin vgilic:e (AT',!) ~aig:y educat;oCl ?n:l ~:.-~r'lr ",", T:',g ,',Si is srcc-.nso;3d '1y i:,~flif_C.iU, i?Rf', tiPIl.!;.@. ;<1",;, j,av/asa,:i. '<:::"CllCO 1,13/<_ Pclar~. Suru';: I2mbuli,:J., iQ!poto. and 'filmilJ::l.."! http://www,alvsafety,org/5/8/20092:31:55PM Appendix V,O,5b,12 " ~ 1 " ~ b ~ I ~ '" ~ ~ r L-j-\ I V.\..,V1Vl aanu aqUlsHlons Dedicated to all Florida Off-Road Enthusiasts by making Land Acquisitions an affordable reality "Click Here" to sign up in your County-af-Choice Important Update........Land prices are falling....now is the time to sign up TELL YOUR FRIENDS! We are accepting commitments of interest (no Obligation) for ownership interests in several multi-hundred acre parcels of raw land throughout Florida. Please sign up now and reserve your place ******* httn.//www fl_::Jtv ~nml (1 of 1)')/RIJOOQ 1.')0.1 "i PM We are a membership driven group of Florida ATV enthusiasts who are securing ATV land tracts for A TV parks, A TV riding areas, A TV riding trails, ATV camping, and ATVevents through out Florida. No more being run off of others property. This is ATV land acquisition via fractional ownership - a proven method that works - our own legal A TV riding areas forever. The major issue that plagues most of us is 'where are legal A TV riding areas, A TV parks, ATV riding trails, and even ATV ';~n~r~,~~2 areas . L<-r>.. ~ ..........nn .au.... a'i"'~'u""u.'> Now's the time !!! Gadoets powered by Google httn.llwww fl-lltv {'.om/f7 nf1)'i/RI7()()Q l:"iO.l"i PM where we can't get run off. Wouldn't you love a place where you can relax, ride freely, picnic with the family, camp, a place you can call your own. Let me introduce you to FL-A TV,COM because that's what we're all about....... We are not a club. Instead, this is about ownership. This is ATV land acquisition via fractional ownership whereby everyone is an equal owner of all the A TV riding areas acquired. They are all designed for the common enjoyment of all owners, families and guests. No more being chased off. No more wondering where to go. No more trespassing. There are enough A TV enthusiasts to support a facility in almost every county in Florida..... BUT, we need everyone to sign up in your Countv-of-Choice and be among the first selected to acquire Florida A TV riding land in your county. You must be signed up to participate and then you'll be notified when a riding facility is ready for purchase. There's no obligation to purchase by signing up. Spread the word because land prices are going up. Visit our "What we're about" link for more on our mission..... Appendix V,O,5b,12 r L~J-\ I V.LVJVI lanU aqUl:S1Uuns ******** "We're makinJ?; off-road an awsome reality. II Copyright @ 2004 FL,A TV Home ----------------------------- Friends of fl-atv. com ----------------------------- Appendix V.O.5b.12 httn~llwww fl_f1tv ('om! n nf 1)~!IV?nnQ l'~n'l ~ PM f ~ ~ , ~ N ~ (~ ,0 ,C ..~ j , ~ J ~ ~.l It! ~ 8 j I j f 'tl <: '" '" <: +:: "' o :r e 0.. o - " 'tl " ~ '" a. ::l j ~ 2 ~ J , 1 J! l ~ ~ ~ I ~ 'i I i , ~ ~ l .:>UUU' '"'UlIU<I ^L- ''''''U/S htto://www.sefu.org/(10f8)5/812009155:41 PM ~"Y'''' '''''Y~ H~ 'Y""'O http://www.sefu.org/(2 of8)5/8/2009 1:55:41 PM ..:>VIH!! rJVllU<l ^\... '"",IU~ I ~ ~ j I I J I Appendix V,D,5b,12 "~''''''n.~I'l ~r\/l~!\/n(){lO 1'~~'.11 PM ..:tuum r'Vll..........'-- '<1"''''1:> http://www.seftr.orv(40f815/8/2oo9 ];55:41 PM -c>V....Lll'-LVll......"".....ldLllJ!> hnn"/lwurw ~eftr_orel (5 of815/8/2009 1 :55:41 PM g ~ i! '" ~ ~ ! ~ ~ :!j ~ '. 1 f . . . . , s c c c ~ ~ . ~ a g . ~ ~ i s ~ c " . . i ~ c . . 0 : : a ~ E E E i ~ ~ E E " 0 0 0 f . u u u . c ! .. 0 I ~ II D ~ U D S ~ f ii u 8 . : ~ , w ~ I 1E Trail Ranger Program Home Events Trail Ranger Program Volunteer Documents Contact Board Meetings Sponsors Links Maps Trail Rangers are a group of specially trained volunteers riding motorcycles, all terrain vehicles or driving their 4x4 vehicle in the National Forest. They are responsible for greeting fellow OHV enthusiasts, handling emergencies and passing along information about backcountry travel on public land managed by the Forest Service. Operating under a volunteer agreement with the Ocala National Forest Association (ONFA) the Trail Ranger represents the u.S. Forest Service, They are official representatives of the Forest Service, but carry no law enforcement authority to enforce regulations beyond that of any other citizen. Their influence is felt through their knowledge, friendliness, and willingness to help others. They are a vital part of the Forest Service who have a high degree of commitment to responsible use of off-highway travel on public lands. - Key Activities . Coordinate Forest trail maintenance with local OHV clubs, associations and community organizations. Operating under the Adopt-A- Trail Program, the rougher routes of travel for A TV, motorcycle, or 4WD are assigned to local organizations. . A group of trained volunteers patrol routes on ATV's, motorcycles, and 4WD vehicles. These volunteers make public contact to provide information, watch for illegal use, missing signs or hazardous trail conditions, . Special projects involve organizations or individuals who have only a limited amount of time to donate - only one or two days per year. Program Objectives To help off highway vehicle enthusiasts understand land and reSource - ~thics, the Forest Service has developed a partnership with OHV user groups and industry to develop an OHV program, Appendix V.D.5b.12 http://www.onfa.orgITrail%20Ranger%20Program.htm (I of 3)5/8/2009 1:58: 18 PM Trail Ranger Program . Unite all concerned in safe, sensible use of OHV recreational vehicles and responsible land management, . Provide information and conservation education to OHV enthusiasts who visit the National Forest, . Promote the continued enjoyment of our forest, year after year, for generations to come. How to Become an OHV Volunteer The OHV Volunteer Program is a partnership effort between the Ocala National Forests and the Ocala National Forest Association (ONFA), The ONF A manages the program for the partnership. The Partners have agreed upon the following requirements for Trail Rangers. . Have a strong commitment to the vision, mission, purpose, and objectives of the OHV Volunteer Program. . Complete and return the OHV Membership Form. . Demonstrate the ability to contact National Forest visitors in a courteous, informed and positive manner, . Complete required training provided for Trail Rangers. . Maintain your uniform in good condition and wear it only while on duty . Agree to a minimum of 90 hours of service per year (Host) or less than 90 hours for special projects, Individuals interested in the Trail Ranger Program may submit their names to the Webmaster at any time of the year. Orientation and training are conducted at least four times during the year, check the training calendar for Orientation/Host class dates and times, No one will be permitted to become a host candidate between training cycles - each volunteer must complete all of the required training, Background and History Visiting the Forest used to mean camping and hiking, But with the advent of today's sophisticated multi-terrain technology, there is a new and exciting world of adventure - the use of all terrain vehicles that can take enthusiasts to parts of the Forests few people get a chance to see, But with this new use of public lands, there was also a concern and need for Appendix; V.D.5b.12 http://www.onfa.org/Trail%20Ranger%20Program.htm (2 of 3)5/8/2009 1:58: 18 PM Trail Ranger Program public education of the principles of trail ethics. To help OHV enthusiasts understand land and resource ethics, the Forest Service, together with the Association developed a partnership with OHV user groups and industry to develop an Trail Ranger Volunteer Program. The objectives of the program are: to unite all concerned in safe, sensible use of OHV recreational vehicles and responsible land management; provide information and conservation education to OHV enthusiasts who visit the Forest; and promote the continued enjoyment of our Forests, for generations to come. The overall goal of the program is a more informed public and a more protected Forest, Appendix V.D.5b.12 http://www.onfa.org/Trail%20RangeroIo20Program.htm(3 of3)5/8/2009 I :58:18 PM Florida Motorcycle Dealers Association - 'Trespassing' AT\'. dirt bike enthusiasts want room to ride II Search I ~ . Home . lB'Trespassing' A TV, dirt bike enthusiasts want room to ride . Membership Information . Board of Directors . Discount ProgramsBy JOE CRANKSHA W . Business Information. /"-, . I ' b' fOe.crankshaw(ascnpps.com . rnprovlng your uSlness_ -- . Site MapJanuary 2, 2007 The dirt bikes and four-wheeled all-terrain vehicles that roar through the vacant sand dunes behind Terry Tillman's home in Jensen Beach annoy her and her neighbors, In fact, she is so annoyed, she wants to help the riders find someplace nearby where they can ride legally - without disturbing anyone, If no such place can be found, she wants to help build one. Tillman is trying to deal with a problem that is vexing government officials and law enforcement agencies on the Treasure Coast and across the state. "These people are trespassing," Tillman said about the people who ride A TV s and dirt bikes through the sand dunes behind the Publix on Jensen Beach Boulevard. "They are a plague on our neighborhood, and I wish they would stop," The problem has persisted for years, and it is not confined to Jensen Beach, Residents in Martin, St. Lucie and Indian River counties have complained about noisy dirt bikes and A TV s, Tillman and others have complained to the Martin County Sheriffs Office only to be told there are not enough funds to patrol the area on a regular basis, Also, Tillman said, most of the riders are juveniles, and even if they get arrested, they are released to their parents, Environmentalists complain the vehicles damage the environment. They make trails over sand dunes and through fields and woods, disturbing wildlife with their noise and habitat destruction. State legislators took note of the damage and specified that any lands purchased for a riding area for off-highway vehicles must have been heavily disturbed by earlier uses. Meanwhile, the St. Lucie County Commission voted in December to opt out of another state law that allowed off-highway vehicles to be ridden on dirt roads in unincorporated areas of the county. The action came at the request ofSt, Lucie County Sheriff Ken Mascara, who said he was concerned about the safety of the AppendiJ< V,D.5b, 12 http://www. f1oridamotorcycle.orgiindex_cfrnJreferer/contenLcontentJtemliD/17 5/item/7637/ (lor 5)5/8/2009 2 :20: 15 PM Florida Motorcycle Dealers Association. 'Trespassing' A TV. din bike enthusiasts want room to ride riders on the roads, particularly at night. -~ In Indian River County, Sheriff Roy Raymond is working with the County Commission to opt out of the same state law. "The off-highway vehicles are a major problem in our county," Indian River County Sheritl's Office spokesman Deputy Jeff Luther said, "We are having a lot of injuries and problems on private property." Martin County Sheritl's Office spokeswoman Lt. Jennell Atlas said her department is not considering recommending that the county opt out of the state law allowing A TV s on dirt roads. She said the county receives sporadic complaints, but there does not seem to be a major problem. Most people involved with A TV and dirt bike riders agree that having a place where the vehicles could be ridden legally would help. But when St. Lucie County Commissioners tried to establish an off-highway park at the St. Lucie County Airport in 2004, citizen protests and the potential costs and liabilities forced them to abandon the plan. - Still, Tillman said she is enthusiastic about the possibility of helping find land where the bikers can ride legally. She plans to speak to the local state legislative delegation at a Friday meeting in the Martin County Commission chambers in Stuart to ask for state assistance. "I don't want to be someone who just complains," Tillman said. "I want the kids to have their fun, but I just want them to do it where they won't bother people," Tillman also has recruited Winn Peeples, lobbyist for the Florida Motorcycle Dealers Association. The association represents merchants who sell motorcycles, dirt bikes, all-terrain vehicles and other recreational motor vehicles. Peeples said funds may already be allotted for building riding trails and tracks in areas where there are not such facilities. The Office of Greenways and Trails in the Florida Department of Environmental Protection, is involved in three projects that total $1.9 million, But none serve the Treasure Coast. "The Off-Highway Advisory Committee oversees the funds and selects areas for motorsport parks, and it meets quarterly," Peeples said. "I will try and see if they will hold a meeting in the Treasure Coast area to listen to people and assess the need," - The idea of a special riding area for off-highway vehicles has real appeal to people who sell the machines. William Talero, operator of Moto Mania on Dixie Highway in Stuart, said he believes a park for off-highway vehicles would be a success, Appendi. Y.D.5b.12 http://www.floridamotorcycle.orgfindel(.cfmlreferer/content.contentltem/lD/175/itemJ76371 (2 of 5)5/812009 2:20: 15 PM Florida Motorcycle Dealers Association - 'Trespassing' A TV, dirt bike enthusiasts want room to ride "I would be glad to join in any effort to turn that into a reality," he said, WHAT IS AN OFF-HIGHWAY VEHICLE? Florida laws defines an Off-Highway Vehicle (also called an ATV) or Off- Highway Motorcycle (also called an OHM) as any vehicle used off the roads for recreational purposes, which is not registered and licensed for highway use. . An A TV is defined as any motorized off-highway or all-terrain vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control and intended for use by a single operator and with no passenger, . An OHM is defined as any motorized vehicle used off the roads or highways that has a seat or saddle for the use of the rider and is designed to travel with not more than two wheels in contact with the ground, but excludes a tractor or a moped. WHAT DO OFF-HIGHWAY VEHICLES COST? . Dealers say the price is based on engine size, and can range from $700 to $10,000, . In 2004, the last year statistics are completely reported, more than 1.4 million were sold annually across the United States, . Because they are not all licensed, no one knows how many there are in each state. . The Florida Department of Highway Safety & Motor Vehicles says it had 245,964 registered in 2004, but added that many more are not registered. Anyone wanting to ride on state or local public land must register the vehicle, LAWS GOVERNING ATVS AND OHMS . The T. Mark Schmidt Off,Highway Vehicle Safety and Recreation Act of 2002, provides the guidelines for operating such off-highway vehicles, and mandates the state to find at least three additional sites for such vehicle use in areas without such sites. . Such vehicles can't be ridden on any road in most of the state of Florida, and can't be ridden on any public or private lands unless the rider is over 18 years of age. Young riders must be accompanied by a licensed rider, and all riders must show written permission to be on private property, . To keep up with the laws governing off,highway vehicles, you can obtain a Appendix V.O.5b.12 http://www.floridamOlorcyde.orglindex.cfinJrefererlcontent.cOnlentltem/ID/175Jilem/7637/ (3 of 5)5/S/2009 2:20: 15 PM Florida Motorcycle Dealers Association - 'Trespassing' ATV, dirt bike enthusiasts want room to ride guidebook from the Florida Department of Agriculture and Consumer Affairs, Division of Forestry. It is available online at: www.f1-dof.com or by writing to the division at 3125 Conner Blvd" Tallahassee, FL 32399. ~ WHERE TO RIDE YOUR OFF-HIGHWAY VEHICLE Always inquire about local regulations. Some sites will charge a fee and all will check to see if the vehicle is registered with the state for insurance and ownership purposes. Federal sites . Big Cypress National Preserve, Collier County, Box 110, Ochopee, F134141, Telephone (941) 695-2000. . Apalachicola National Forest, Apalachicola Ranger District, P.O. Box 579, Highway 20, Bristol, F132312, Telephone (850) 643-2282. . Ocala National Forest, Lake George Ranger District, 17147 East Highway 40, Silver Springs, Fl 34488, Telephone (352) 625-2520. . Wakulla Ranger District, 57 TaffDrive, Crawfordville F132327, Telephone (850) 926-3561. - . Seminole Ranger District, 40929 State Road 19, Umatilla, Fl 32784, Telephone (352) 669-3153. . Osceola National Forest, Osceola Ranger District, P,O. Box 70, Olustee, F. 32072, Telephone (386) 752-2577. State sites The Florida Fish and Wildlife Conservation Commission allows off highway vehicles to use some lands. Here is where to call: . Northwest Region, 3911 Highway 2321, Panama City, F132409, Telephone (850) 732-1255. . Northeast Region, 1239 S,W. 10th Street, Ocala, F134474, Telephone (352) 732-1225, . North Central Region, Route 7, Box 440, Lake City, F132055, Telephone (386) 758-0525. - . South Region, 8535 Northlake Boulevard, West Palm Beach, F133412, Telephone (561) 625-5122. . Tate's Hell State Forest, 290 Airport Rd., Carrabelle, FI 32322, Telephone (850) Appendix V.D.5b.12 http://www.floridarnolorcycle.orglindex.cfinlreferer/content.contentllemlID/175/item/76371 (4 of 5)5/812009 2:20: 15 PM Florida Motorcycle Dealers Association - 'Trespassing' A TV> dirt bike enthusiasts want room to ride 697-3734, . Southwest Region, 3900 Drane Field Road, Lakeland, FI 33811, Telephone (863) 648-3203. Local Government ~ . Dade City Raceway, Pasco County Fairgrounds, Highway 52 West, Dade City, Fla, 33525, Telephone (352) 567,0792, Web site: www,dadecitvmx,com, Daytona Beach, Fla. The city allows slow cruise vehicles that have licenses to be used on the beach and some streets, Contact: Dune Buggies of Daytona, Telephone (904) 252-4385, Web site: Davtonahllg(iCaol.cOI11 Private sites . Motocross of Marion County, 14525 N.W, 21st Court, Redick, FI, Telephone (352) 591-2377, Web site: I11xmanOI1COlllltVJLaol.com, . North Florida Raceway, 28422 Liberty Trail, Hilliard, FI 32406, Telephone (904) 268,2289, Web site: \\\\\\,llonhilonJamoLOcross,com. . Sunshine Moto-X, 41011 8th Ave. N., St. Petersburg, FI, Telephone (727) 481- 8162, . West Florida Motocross Park, 8824 Ray Helms Rd" Pensacola, FI, Telephone (850) 623-6038, Web site: wtinplwbellsouth,net. . Croom Motorcycle Area, Brooksville, FL The 2,600-acre site off State Road 50, Exit 61, Telephone Withlacoochee Forestry Center, (352) 754-6777. . Moroso Motorsports Park, 17046 Beeline Highway, Palm Beach Gardens, FI 33478, Telephone (561) 622,1400, This Motorcross track will open regularly starting in January. F[nridJ r\:lotorcyck Dealers Associatioll 'PO 80_\ 146N Tallnhasscc, FL:ln 17 Phone:: 850,n2-6000 Fax 850/Zn-6002 ) Llll;~ ,,!_~ LUT;lt1cC,pi'L'[,um,'r ')i'I\:,~\ ],,'il'-", ( 2009 _ Florida CI.'10101'C~cle D'::lkr, Assllciation lnc All Kights Rcsencd Appendix V.D,5b,12 http://www.f1oridamotorcycle.org/indc){,cfm!refererf<:ontent.contentltem/IO/I 75/ilem/76371 (5 of 5)5/sn009 2:20: 15 PM -- APPENDIX V.D.5b.13 MIAMI-DADE RESOLUTION .--, - OFnCIALm.E con CLEIUI: OF THE BOA~ OF COmnY CC>>DUSSImlEJtS VIA NJ-JMDE COVlO'Y. J1.ORIDA. MEMORANDUM Agenda Item No. l4(A)(2) TO: Honorable Chainnan Dennis C. Moss and Members, Board of County Commissioners DATE: May 19, 2009 FROM: R. A. Cuevas, Jr. County Attorney SUBJECI': Resolution directing the County Mayor to negotiate an Interlocal Agreement with Collier County for the Joint Development & Operation of a 1,600 Recreation Area Resolution No. R-622-09 The accompanying resolution was prepared and placed on the agenda at the request of Prime Sponsor Vice-Chairman Jose "Pepe" Diaz, - ~C;. :( County Attorney RAC/jls ,- Page I of 6 Appendix V,D,5b,13 . MEMORANDUM (Revised) TO: Honorable Chainnan Dennis C, Moss DATE: and Members, Board of County Commissioners May 19, 2009 FROM:ms~, County Atto~y SUBJECT: Agenda Item No, 14(A) (2) Please note any items checked. L -:- "4-Day Rule" ("3-Day Rule" for committees) applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required,prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Bid waiver requiring County Mayor's written recommendation Ordinance creating a new board requires detailed County Manager's report for public hearing Housekeeping item (no policy decisi'on required) No committee review Page 2 of 6 Appendix V,D,Sb,13 ,- Approved Veto Override Mayor Agenda Item No. 14(A)(2) 5.19-09 RESOLUTION NO. R-6Z2-09 RESOLUTION DIRECTING TIlE COUNTY MAYOR OR MAYOR'S DESIGNEE TO NEGOTIATE ON BEHALF OF MIAMI-DADE COUNTY AN lNTERLOCAL AGREEMENT WITH COLLIER COUNTY FOR TIlE JOINT DEVELOPMENT AND OPERATION OF A l,600-ACRE RECREATION AREA WITHIN TIIE DADE-COLLIER TRAINING AND TRANSITION AIRPORT TO SUPPORT A VARIETY OF RECREATIONAL ACTIVITIES INCLUSIVE OF OFF- mGHW A Y VEmCLE USE AND TRAILS, SUBJECT TO BOARD APPROVAL; IDENTIFY TIlE REQUISITE FUNDING FOR PLANNING AND DEVELOPMENT AND APPLICABLE APPROVALS; AND SUBMIT A WRITIEN REPORT TO TIIE BOARD REGARDING TIIE STATUS OF SUCH INTERLOCAL AGREEMENT, FUNDING AND APPROVALS WITHIN ONE HUNDRED AND TWENTY DAYS FROM TIIE EFFECTIVE DATE OF TIIIS RESOLUTION WHEREAS, Collier County and Miami-Dade County (the "Counties") each have approximately 12,000 all-terrain vehicles and off-highway motorcycles ("OHVs'') registered within their jurisdiction; and WHEREAS, law enforcement agencies within each County have determined that the lack ofa safe and legal location for members of the public to ride OHVs have caused a growing number of severe accidents, losses of life, charges of trespassing, and wildfires that cause costly damage to private lands and to federal, state and county natural and agricultural areas; and WHEREAS, the Counties jointly seek to provide a convenient location where residents can safely and legally ride OHVs; and WHEREAS, the Miami-Dade County Park and Recreation Department ("Parks Department'') utilized a State of Florida grant to evaluate safe and legal locations that could properly support OHV use and the result of the evaluations was that the Dade-Collier Training C:IW1'\Rf;SO\..U"2.DOC Page 3 of 6 Appendix V,D,5b,13 Agenda Item No, 14(A)(2) Page No, 2 and Transition Airport (the "Airport Site"), located at the 48-mile marker of U.S. Highway 41, was the preferred site; and WHEREAS, approximately twenty percent (20%) of the Airport Site is located within the legal boundaries of Miami-Dade County and approximately eighty percent (80"/0) of the Airport Site is located within the legal boundaries of Collier County and Miami-Dade County is the sole owner ofthe entire Airport Site; and WHEREAS, a Miami-Dade County Aviation Department ("Aviation Department") study, dated April, 2009, recommended that a 1,600-acre portion of the 24,480'acres Airport Site be transitioned to support a variety of outdoor recreation activities including, but not limited to, camping, fishing, archery, wildlife viewing, and designated trails for hiking, biking, and OHVs; and WHEREAS, the Parks Department and the Aviation Department have executed a Memorandwn of Understanding, dated December, 2008, that establishes the basis for the use of the I ,600-acre property and provides for the joint development of a portion of the Airport Site as the Dade-Collier Cypress Recreation Area (the "Recreation Area"); and WHEREAS, because this Recreation Area is equidistant between Miami-Dade County and Collier County resident population areas, it could successfully provide a suitable place for OHV riders and could provide a functional replacement for the 2005 closure of the 640-acre Picayune Strand, which was previously used by Collier County OHV riders; and WHEREAS, the transition of this Recreation Area from Aviation use to Recreation use will insure the preservation and enhancement of the ecosystem, while simultaneously permitting the authorized and safe use of certain non-sensitive areas in the Recreation Area by DHV riders; and C:1WPlRESO\A$$2.DOC Page 4 of 6 Appendix V,D,5b,13 Agenda Item No, 14(A)(2) Page No, 3 - WHEREAS, Miami-Dade COWlty has already initiated required land use amendments from Collier CoWlty as a prerequisite to establishing the Recreation Area; and WHEREAS, the COWlties Wlderstand that additional funding is necessary to complete development approval of the property, as wen as the coordination of the extensive input of national, state and COWlty regulatory agencies with the variety of affected interest groups, NOW THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section 1. Directs the County Mayor or Mayor's designee to negotiate an interlocal agreement with Collier COWlty for the development and operation of the Recreation Area to support a variety of recreational activities, including OHV use and trails, within the Airport Site, subject Board approval. Section 2. Directs the County Mayor or the Mayor's Designee to: (a) work with officials from Collier COWlty to jointly identify funding for the project and the applicable planning and development approvals necessary for the development of the Recreation Area; and (b) submit a written report to the Board within one hW1dred and twenty (120) days from the effective date of this resolution regarding the status of the interloca1 agreement between the Counties and the identification of necessary funding and applicable approvals for the project. C:\W1'lRESOl.4J'J'Z_DOC Page 5 of 6 Appendix V.D.5b,13 Resolution No. R-622-09 Agenda Item No, 14(A)(2) Page No, 4 The Prime Sponsor of the foregoing resolution is Vice-Chairman Jose "Pepe" Diaz, It was offered by Commissioner Jose "Pepe" Diaz , who moved its adoption, The motion was seconded by Commissioner Sen. Javier D. Souto and upon being put to a vote, the vote was as follows: Bruno A, Barreiro Carlos A. Gimenez Barbara J. Jordan Dorrin D. Rolle Katy Sorenson Sen. Javier D. Souto ~nmsC,Moss,Chainrnm aye Jose "Pepe" Diaz, Vice,Chainrnm aye aye Audrey M. Edmonson aye Sally A. Heyman aye Joe A. Martinez aye Natacha Seijas aye Rebeca Sosa aye aye aye aye absent aye The Chairperson thereupon declared the resolution duly passed and adopted this 19th day of May, 2009, This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Approved by County Attorney as to form and legal sufficiency, HARVEY RUVIN, CLERK By: DIANE COLLINS ~puty Clerk Martin W. Sybblis C:\WPlRf.SO\A.ll2.DOC Page 6 of 6 Appendix V,D.5b,13 - APPENDIX V.D.5b.14 COLLIER COUNTY RESOLUTION .- ,.- Appendix V,O,5b,14 - RESOLUTION NO. 09- 1 44 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DIRECTING mE COUNTY MANAGER. OR DESIGNEE TO SUPPORT ESTABUSHMENT OF A 1,600-ACRE RECREATIONAL AREA WInIIN THE DADE-COLLIER TRAINING AND TRANSITION AIRPORT TIIAT WOUlD SUPPORT A VARIE1Y OF RECREATIONAL ACTIVITIES INCLUSIVE OF OFF-HIGHWAY VEHICLE (OHV) USE AND TRAILS. WRKRJ:AS, Collier County and Miami-Dadc CoUDty (the "Counticsj each have approximately 12,000 aU.tmraiD vehicles and off-highway DI01on:ycles registeRd within their jurisdictioU; and WHEREAS, law enforcement ageDCies within each County have detmniDed that a growing oumber of severe accidentll and loss of 1ite, chuges of trelIp"~ and wi1dfires that cause costly doom.v to private !aDds aud federa1, state and county natura1 and agricultural areas, are caused by thIllack of a safe and 1epI1ocation fur members of the public to ride; and WHEREAS, the Collllties seck to provide a convenient location whenl residentll can safely and Iega1ly ride off:.highway vehicles ("OHVsj; and WHEREAS, Miami-Dade ColDlty Park and Recn:ation Depa.lweut utilized a State of Florida graDt to evaIuatc safe and legal1ocations that could pIOpwly support OHV use, with a pRlfln........ for the Dade-CoDicr TraiDiDg and Transition Airport, localed at the 48-mile IDlI1'ker of U.S. Highway 41; and WHEREAS, a Miami-Dade County Aviation Department sludy, dated April 2009, later recommended that a l,6OO-acIe portion of the 24,48O-acres Airport be transitioned to support a variety of outdoor r=-eatioo activities including, but not limited to, camping, fiahil\& an:hmy, wildlife viewing. and oWill""t..d 1mils for hiking, biking. and OHV s; and WHEREAS, Miami-Dade County Park and Recreation Department and Miami-Dade County Aviation ncp...tu-.t have exocuted a Memorandum of Understanding. dated December 2008, that establishes the basis for the use of the l,6OO-aml plope.1.y and provides for the development of the Dade-CoUier Cypress Recreation Area (the "Recreation Areaj; and WR1fRU8, since this Recreation Area is equidistant between Miami-Dadc County and Collier County resident population areas, it could successfully provide a suitable place for OHV - Page 1 of2 Appendix V,D,5b,14 Paae I of2 riders, and could provide a timctional replacement for the 2005 closure of the Picayune StraDd, which was previously used by Collier County OHV riders; and WHEREAS, the transition of this Recreation Area fiom Aviation to Recreation use will ensure the preservation and enhancement of the ecosystmn, while simu1taneously permit the authorized and safe use of certain non-sensitive areas by OHV riders; and WHEREAS, Miami-Dade County, as owner of the Recreation Area wholly located within Collier County, has already initiated IllCjuired land use amendmenta from Collier County, as a prerequisite to estab1isbing the Rccn:ation Area; and WHEREAS, the Countiea undentand that it is l1<<-.." to complete development approval of the property, and to coordinate the extensive input of national, stattJ and county regulatory agencies with the variety of affected interest groups. NOW 'I1IEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that this Board: Section 1. Directs the County Manager or his Designee to support establishment of a 1,600- acre recxeationaI area II) support a variety of activities, including off-highway vehicle use and trails, within the D8de-C0Dier Training and Transition Airport, Section 2. Directs the County Manager or Designee to jointly ideutify the applicable plllnniTlg and development approvals nec-.." filr the development of the Recreation Area. Section 3. Directa the County Manager or Designee to assist with coordinating input fiom the app1icable regu\atory agencies. This Resolution adopted this 0~y 0,J~ , 2009, aflm- motion, second and ma~'oJdti..,.? ,...... .. -". .-. Atl'EST: " '. ~RJJE. ~~CLERK AtU~~~~l- By. SliRltilt.'t 0.'.':' . " Appr<IYeiII,,101brm and legal ~.~ ~7n~ lleen M, Greene ' Assistant County Attorney BOARD OF COLLIER Page 2 of 2 UNTY COMMISSIONERS OF ~d A FIALA, CHAIRMAN Pap: 20f2 - APPENDIX V.D.5b.15 LETTERS OF SUPPORT - - w C a r e w e p r e c t w e S e r v e 08/.11/09 MON 16:04 FAX 305 4712638 POLICE SERVICES I4J 001 Miami-Dade Police Department Director's OffIce An lhtl!rniltionally AlX~dilcd Policl!. S=l"ice August 31, 2009 e Mr, Thomas Greenwood, AICP Principal Planner Collier County Comprehensive Planning Department 2800 North Horseshoe Drive Naples, Florida 34101 Dear,Mr. Greenwood: This lett~r is written in support of Miami-Dade County Park and Recreation Department's land use application to allow use of off,highway vehicles (OHV) in a designated 1 ,600-ai::re area known as the Dade:Collier Cypress Recreation AreSl, In December 2008, Collier County Sheriff Kevin Rambosk, administrators from Collier and Miami-Dade Counties, and myself met aUhe site to discuss the transition qf 1,600 acres at the Dade-Collier Training and Transition Airport from aviation use to park ,and recreation use. The discussion addressed the rising number of deaths and injuries related to OHV accidents, and the increasing damage don~ by'lrespassing OHVs to agricultural lands and environmentally sensitive lands, The potential of having a new, large acreage property for the safe 'and legaJprovision of OHV trails for A 1Vs and motorbikes, camping, fishing, hiking and archery was presented. , , , There was a consensus at this meeting that even though the site,is located somewhat distant from the urban areas of Nap'les and Miami, law enforcement agencies from both counties and the state would support opening Sl safe, cOunty-operatedrecreaticm area with OHV trails, Miami-Dade Police Department is very supportive of this application to use the Dade-Collier Cypress Recreation Area, and is interested in partriering with other law enforcement agencies to deter OHVs from areas of current illegal activity, educate the public about the new riding area after it opens, and provide emergency response to llie site as needed, ' - ~ere~ Robert Parker Dired:or 9105 NW 25 Street. Miami, Florida. 33172.1500 Telephone (305) 471-2100 . Fax (305) 471-2163 . Website http://www,mdpd.com ";s,,' S'I..:"ptL"lnbl~f 1 ~IO({'~j Th("nt~~ (it'e(:'rlv.,o(l~l, !\lC'P 1';UJel>",11'1allnn C 11111~'r C nurll lo( ".llHPl ~.twn',;i\ t,: PJ;mHljig f )~'p,inm('nl ::::';;l)(i ,\\ln1l11nr";.i..':"b~1~' nrhr.' ""tpk';., Hcmdn ;.It(I.~ Lh.\H \h Ul~'1..'fi\'~ \),pt! fhl~ k'll<:1 '" wrdtt:n ll\ :-.uppc.q 111 \fL{!!ll lJ~'p;~: Hlh: :11 ':-> I,UhJ t.!!,I,,' ~il.'pll(.:lt l\ W, i'.l :itl.- \'." u;,~ ,-i"....I::.>D.ll<:,! i 1'!:.I,l .1l:lo:..';n l>,! k~ll"."'dl ,~~ ll'tt: I );\l:k . !)d,l.k- 1;-\.)UI'U\ P;11k ,;u'.d l\,I.,'c;.,.'alk,rl ,Ij' (. Hl 1Il~dl'sa~' \l,.-hIC;I.":-. i': ~ll\ .,. -!\Ili('j C\ Pl\''':; Rl',,-'l'ol',ltipIl '\11.\', h lk.,:-en;ht..i )11;';';,. 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'~I '1 :'.i\..l"\ (";rnpl r.',.'li l,hWi! h;~:~nv :~I\-,! :H ,'hcr\ \\ -lS 1"; c':~l'rii c.,: \ "11...'.1'_' ',',,\:; "I (1)1 ",,'II'''il'. .1' Il~h T;I'I.~I:ii!_.' I:'];l'! ~'\'l-;1 !i",'ilJ~,!1 tb. -i1:1' )'-, li1(,lit',\~,l![\,'~'\\ li,rl <,.,l;i!l; 11';'1'Il 111-\' dh;::~ ;t~!:\... "i' '.;~I!~L."" ;1:~,1 \11,1I1,! !~"\" ent'l;'f,.-,,-'m~m ,\>-'):-,n~:l~" flll:Y'1 r'.,..]h 'IJ'I'~l:> ,1;ld ~!!t: ~!,.tll: ';"I,_,ld ~"~II~':"ll ':'Pl'"I'DL':1 '';,ih. ~,:'\l1'r1'. npl'I;H..:d J'.'.:,!1..',~lH!i ;It,',,~ ..:"1.. I ~ II \ - I.'~: !', j l! ~- (i I ~ i Il.'i ( l ,c.: ~ I \ '~h "" f d 'I " i 1)1 ! '_I..: >,",'. ~1 F': 11 : ". " I ~: 1 hi... ;\ i': ~' 1 ! ~ - ':-: !.',\;" i J l" "",' I; \I.: ! '.I, Hi ~ "n'i:1 ( :1i'._~," FI-t'.,.',:li<'ij ,'UI::l l'.lj! rt..~,jdi,i-. 11">'!~"-H'11 In ;'.lflr,lli:\:' ',\::11 hv~ ,,'.'->\I,:'I:'p.i\.~rd,tl ::.'.'l_'r,..:l'"- (1.1 'i~Tl.'; ! '-.\t"-r -i~k'-t't;-11;,l' ,,\iwr,:' fill\ :il':r"~ r1-',~\ i1!H'2,:.,,, , , 'l', ,- ~...;\,_,;, 'lll' I h ,;~ (' I.' i II ,:! {. '. '.; 11[' ~;, 1'_.;, II !- '. l :,. '!'I(" 11:-- ,_:' ','. '- I:::i Wi 1:,:-' ,~-",) rEi,:: 1\ l',.I, ~: ~ I,: 1'1 ': ~ t,' ,L'~~il,.:t_~ Clll\ I id",'1 " (:l '!t .;1',";]', i)! ,,-,':t1'-II,-' :1',',\,:"','1 I iii"'"!'" ,:1 ',]'! d! , , 1'.1 .!l : , \ , " ,. " : ;1,' 1 ,'I , 1 ~ ,'.l: , ,'!.- l\!: .,\ l'_".' '.'l'!". r,. " 'I Ie. " 'r,' ... : : ~ 1 " I,l" "'h'. '":,,'i\ ,,-r.'" " -,4-...,...:..-. k -, j' ~~ ,1,~::I~'H:" "\;....'r~-~..:;.~ .. ;t; 1 ',11:', A' . .. , -., f..:.... . /,' """'.:.. " - . DADE COUNTY FARM BUREAU 1850 Old Dixie Hwy" Homestead, FL 33tH3 . Tel. 305-246-5514' Fax 305-245-9170 August 31, 2009 Mr. Kevin Asher Supervisor, Special Projects Miami-Dade County Park and Recreation Department 275 NW 2 Street, Suite 542 Miami, FL 33128 Dear Mr. Asher: Thank you for meeting with representatives from the Dade County Farm Bureau to discuss our organization's position on the proposed Dade-Collier Cypress Recreation Area, The Dade County Farm Bureau endorses the concept of a shared recreational resource between Miami-Dade and Collier counties that will provide residents with a safe area to legally operate Off-Highway Vehicles (OHVs), The environmental impacts posed by the unlawful use ofOHVs in Miami,Dade County is particularly noticeable in the agricultural area outside the Urban Development Boundary, Farm fields are routinely used by OHV riders who destroy valuable cash crops, Environmentally sensitive areas are used for "mudding" especially during the ramy season, The fact of the matter is that there are approximately 24,000 OHVs registered in Miami, Dade and Collier counties, The owners of these OHVs do not have a designated area to safely and legally use their recreational vehicles, We believe that approval of Petition Area CP,2009,Ol should be granted so that the conceptual project can move closer to realization, s;~ ~1~ Larry Dunagan President t~r-- Executive Director Cc: Chairman Dennis Moss, Miami,Dade County Vice Chairman Pepe Diaz, Miami,Dade County ,\1// ~.:.. ':!ft;;:''' ~a. .- FLORIDA WilDLIFE FEDERATION 41"'~ 11"",-. ~.ot..-__ v.,,# _.....~ '.M~" F""'" I~ p,~~""", <~"~!\',l.<"''''''' "'""",rj<,,,, rn'''''_,'),""." Jl'X< P,)",1'~,... eo, G~1O ~"'."""'" H .J,';;~",",'''" Pt,~..., ,e<.." (,'",..",' "'" ,d""',(i.<;', ,,0' ""~"""',,'."'''''' """"'''''''.''''~'''~' September!,2009 Jame~ A McCan, eMS Park Planner II Mlami Dade Count}' Park and Recreation 2"75 ~\\' lnd. St., Suite 416 :Miami, FL 33128 Re: Dade-CoIlier Cypress Recrelllion Area - Letter of Support for Outdoor Reueation .4rea Dear James, Per our discussiollS I am proyidmg youv,lth the following comments which ~'ou IllllY include in your records or share wiIhthe Collier EAC fOf thdrmeeting of September 2nd 1be Collier EAC will be reviewing the Dade CoUDIY jttportrecreational proposal known as Dade CoDier Cypre$$ Rl:creation Acea- \\'~ h~~ r-eodewd concerns expressed by Collier Couuty staff and bay,", discussed those with Dad.. County 5ta:ff and consultants. It seems that theft ha.-e ~ SO~ mi'iUllderstandings which we would like to S~ clarified through the re'\iew procl'ss. For l':'tiIDlpl(', Collin slaffindicakd oppesition to ~ a]eugside trails. Dade County slaffindicated all trails wi! be at grade and would not inteOere with sheet Bow. Dade County staff indicated the only benns would be associated with the parking and visitor center to address stonnwater nmoJf. CoIlier COUlIty st.tlf indicated objections to tll.. portion of the p\an allowing off road ,"('hides but urged a set of conditions be required if that aspect of the plan is ultimat:ely approved" In discussions l\ith the Dade County proponentS, there was a .....-mingness to incorporate matly of Collier staff conditiOll'5 In fact, Dade County indicated that most of these points were already incorporated into the plan" The Florida Wildiife Feder3tion would like to see the ruks gOH'ffiing offroad (AT\') ,"ebides be specified as requiremetm for this site It is OUl UIlderstilnding that there "ill be limits on the numbers ohellicles, restrk;tions to daytime use ocly,limitatiolls to no more than S acres ofrhe 1600 acre site for ATV use, dear marking of both hiking and AT\' vehicular trails, to 11ll1lle some of the proposed roIes_ We helje.,-e it is critical that ATVsnot be allowed to leave the approved designated trails Our understanding is that as part of this pIau the existing S\\'alllp bu~)'trails within the 1600 acre site will be e1iminated or cOllverted into hiking andAT\' trails We understand that these established trails will be maintained with natil"e materials from historic disturbances associated with the jetport conslIuction We are pleased that over 90 percent of the 1600 acre arM will be maintained alld managed as natr,.e habitat" We m\15t emphasize how critical it is for the entire jetport site to be actively managed using tools such as Ph_~,lbed fire and e~otic plant Illld animal conb:ol The plan would eliminate hunting from the 1600 acre ~ite, bein!!" continued on the remaining l1.,OOO acres but we beliel'e thaI no inach-erteut restrictions should be placed on control of e'\otic:s on this site Both counties, the }:PS, FWC, SFW,"ID, etc should be actil"el}' irn'Ol\~ in effOrts to tradicate or control mUSIll1Cl' exotic species across the iMdscape_ FWF would tikI' to see that any lighting at the facilities for the jetport recuation area utilize dark sk-y downward directed lighting We would like to t~ow this ptoje<.:t as itmo\.('"'j through th(: Collier COUlItyprocess and see that any futw-e An" acti\i:ties on the site are carefu11y managed ~tlbject to established mks_ We will continue to monitor- this vrojecttbroUih the process owdpro\"ide comments as needed" TII<IDk you for dle opportunity to provide commentS on befuJIf of the Florida Wildlife Federation Sincerely, ('\~ F-u-, Mank~. K. Fuller Presidetu Florida. Wildlife Federation .;c: ~ick Wiky, Florida Fish & Wildlife Consm-atioll COllllwsion ~ancy Payton, F\' J: Southwest Florida Field Representam"e Franklin Adams, FWF District' 11 Board ofDire..:tors "6) :1,~ !':c'li,. IT"iId:jf. F,a'l"./!:m ~,,:r;:,I~la"' C:U:IIl: ,"o.:t"rJt/~~ :m:i ,~ilJC:Jll.).' ~'g,,';L.'a,Jc '." c-rkmt,fr" ,/,., r~"aj'>l ";'';.I",tnl a~:i>l u, w. e-f,""",lti) :/i:h. w:,'dl((, r;..:f ~rh,' .,,,w,..,: ,..c-U',",: ,-:" ;:i-;':da rI"r:ail" "r'';''!;'I1C-'' ''''~OU''!:Ilt: ,lit }'l<~!lr.! -:iJ.'P"~ J!:II~C-'l -;jF:e-' !da"],'tl !r"~"""'I~''':Jllr J"::<:lJ';:.N. ',.c-u'CI-ta:,do"r(}o", u:r",mcm -------- ----,-". ----... I __.. ___Ill __ 1 ___1._ __, ,.. ____ . , Parks and Recreation Department 15000 UvlngsaPn Road - Naples. Florida 34109 - Phone (239) 252-4000 - Fax (239) 25NI657 i Websfte: colllergov,net I ? ~ Junt2.2009 1, Mr. Kevin Asher ! ParJcpllllUlell Projedt Manager 275 NW 2"" Street i MiaDti, Florida j31~8 , , ';- Dear Kevin: 1 PleaSe find enclo,J a Resolution that win be ~ted to the Collier County Board of CouirtY ConunissioPers on June 9, 2009 for IIJ!proval. The Resolution supports the dcvc!op~ent of ~ ~.Dade County Park and ,aecreation Departm~:s effort to ~te a ~on area, 1f'=luslve of Off-Highway Vehicle use, at the Transttlon and TIlIlIIIDg letp6rt (TNT Airp@rt) site located in Dade an4 Collier Counties. The Resolution is evi~ ofCollierFounty Parks and Recreation 4esire to work closely with M"1lIIlIi-Dade Couilty Park and RFreaUon Department to achi~e Collier County goals and objectives re~ to increased Jocations to enjoy this recreatioita1 pursuit. j As you're. aware.. d,lIi nler Co, unty has actively bcet:t in search of suitable park land to offer ~ona1 and OHV activities. In 2003, South Florida Water ManIlgement District (SFWMJ)) and Collier County entered itJto an agreCment to prOvide 640 acres for all terrain vehiCles (OHV) ~ and Iatcr amended the ~ in 2007 to provide a temporary site for OHV's alo. with a permanent site at u.ke,. Trafford. \Vbile we have ~fuUy inveStigated a n. of other Conservation ~gnated lands in Collier and Hendry Coumies, it appearj that TNT has gn:at po~ to meet permitting requimnents and estal>lish itself as a 1?mmum off road destination for Dade and Collier citizens alike. I If Y<<1u need further lmrormation or have questions, please do not besi1ale to contact me at (239) 252-4035 I S,;y, ;/itL- 441__ Collier ~;:mty Park';> and Recreation Naples, Florida 34 (09 Appendix V.D.5b.2 US~MIlIIIn. Swain and Associates :wzs S.W.l2od Avenue. MiIml. Florida 33145 'N.(30S}44I.()I23 Pax (30$)-44I-06B8 MEMORANDUM CIVil ENGINEERING. ENVIRONMENTAL ENGINEERING' UTILITY MANAGEMENT. FINANCIAL CONSULTING File: M11-24 Date: August 25, 2009 To: Kevin Asher, AICP, Supervisor, Special Projects, MDPRD From: Julio Menache (MSA) Copy: Andy McCall, CMS (MDPRD) Jill Cohen, RLA, AICP, LEED AP (Miller,Legg) Arsenio Milian, P.E. (MSA) Reference: "Dade-Collier Cypress Recreation Area District" Subject: Collier County Staff Report - Review Comments We have reviewed the subject staff report ("the report") for the referenced project; particularly related to drainage comments contained on page 9 (attached for ease of reference) of the report and offer the following clarification: 1) The penultimate paragraph on page 9 of the report states that .....the drainage plan indicates that the perimeter of the property would be bermed limiting sheet flow across the site from the surrounding areas..." The drainage section prepared by MSA and submitted as part of the GMP Amendment application (Appendix V,E,1 D - Drainage) does not propose "a berm" along the perimeter of the property, I believe the reviewer's comment may be stemming from a rigid interpretation of the minimum level of service requirements for perimeter grading stated in the last paragraph of page 1 in Appendix V,E,1 D as NORMALLY required by the SFWMD, In reality, the final proposed grades along the perimeter of this project site will (at a minimum) need to consider: Analysis of pre vs, post- development stormwater modeling per SFWMD criteria taking into account restoration of historical sheet flow across the site in a manner similar to the natural surface flow regime of the area AND the regulatory constraints imposed by the myriad of regulatory agencies that will have jurisdiction over the stormwater system for this project. 2) The penultimate paragraph on page 9 also states that ..... This plan also indicates the existing borrow pits would be used for storm water management which will require underground piping and dry retention for pretreatment resulting in further wetlands impacts..." The use of dry retention areas and the existing lakes is offered only as an option that MAY BE used for this project for attenuation of stormwater quality and quantity requirements, It is really premature at this time; without comprehensive boundary & topographic surveys, final site plans and environmental site assessment(s) to determine final methodes) of stormwater management systems (Le, dry and/or wet detention/retention systems, etc,) that will satisfy development opportunities and yet minimize wetlands impacts, I think; however, that all throughout Appendix V,E,1 D and particularly in the last paragraph on page 2, Miami-Dade County clearly offers a commitment to the design of a stormwater management system in compliance with regulatory agencies yet sensitive to the protection and enhan cement of existing natural resources, s'\(projl\mll-24 Mv p..rk\rnerno - rupon.. to collier county drainagecomrnent. B-n-09.dOQ FRO..... CFR1>AUq 28 2008 10:44/ST, 10:44/No.7S3S184S01 P 2 F1ol'ida Department of Agriculture and Consumer Serviecs CHARLES II, BRONSON, Commissioner The Capitol. Tallahassee, FL 32399,0800 www.doaes.stnte.fj.us August 26, 2009 Please Respond to: Division of Forestry Forest Management Bureau 3125 Cooner Blvd_ C25 Tallahassee, FL 3299.1650 Mr. Kevin Asher, AICP, Supervisor, Special Projects Miami,Dade County Park and Recreation Department 275 NW 2 Street, Ste, 542 Miami, FL 33128 Dear Mr, Asher, I have read the Staff Report to the Collier County Environmental Advisory Council dealing with Petition Number CP,2009-01 With reference to page 8 of the report, the section titled Consistency with the "T. Mark Schmidt Off,Highway Vehicle Safety and Recreation Act" I feel my long standing involvement with Chapter 261, F,S, allows me credible input to this section of the report. In Chapter 261,02, F,S, it states that "The I,egislature finds that off-highway vehicles are becoming increasingly popular in the state and that the use ofthese vehicles should be controlled and managed to minimize negative effects on the environment, wildlife habitats, native wildlife and native flora and fauna," The key words in this passage are controlled and managed, It goes without saying that without some fOffilalized control or management of OHV use on public lands that there would be an inherent risk of negative impacts to the environment It is for this reason that the bill was drafte<l and supported by such non-profit organizations as The Nature Conservancy to help safeguard environmentally sensitive areas through good sound land management practices, It was the intent ofthis law to get a handle of uncontrolled OHV use on public lands and provide outdoor recreation enthusiasts opportunities to ride in areas properly planned and managed to ntinimv.e negative effects on the environment, I find Petition Number CP-2009,Ol to be consistent with the intent ofthe '1', Mark Sclunidt Off-Highway Vehicle Safety and Recreation Act. The fact that Miami-Dade County and Collier County are working together to reoolve the problem of no legal riding areas for the residents of south Florida fully compliments the intent of the law, This petition helps to protect sensitive areas in south Florida by putting into effect a planned OHV riding area that will have both control and management, Thus making sure that ~ liiiifj'a, -,-,,,-- Florida Agriculture and Forest Pr(){!ucls o I' t' I' S I ()O Bill inn r 0 I' F I " I' i rl a's 10 t. " " II III Y FRO!,' (FRI)AUQ 28 2008 10:44/ST. 10:44/No.75351645S1 P 8 Response to Staff Report August 26, 2009 Page 2 both counties take into accolmt all required permitting laws on local, state and federal level. Again, the process follows the intent of the T. Mark Schmidt Oft~Highway Vehicle Safety and Recreation Act, I wish the staff that developed this report would have contacted my office and discussed this issue, as it pertains to Chapter 261, F,S,; I feel we could have come up with a clearer interpretation of the law, Please let me know if! can offer fbrther assiatance on this issue, Sincerely, CHARLES H. BRONSON COMMlSSIONER OF AGRICULTURE ~/ John C, Waldron, CPRP Forest Recreation Administrator Florida Division of Forestry /jcw Appendix V.D.5b,15 - M:a. ........., 'NT&.......TlCl.....L ...,..,.OIOT Miami.Dade Aviation Department P.O. Box 025504 Miami, Florida 33102-5504 T 30-';-876-7000 F 305.876.0948 www.miami-airport.com (.....~;oI...;rport: miamidade.gov M'~nlllOl<"""I""",IA","'<l c-nl ""ialiM 1U'p>flO: l}","".(:"lhl.,r,.."i~..rr~,,,,Won 1 ~'~""'Nd G"~e3 K,.."ul"Jn"<lnl,h<,<-~'i"" O(..-Iodd 11p.l_lock.' III.~..,' March 12, 2009 To Whom It May Concern Florida Department of Agriculture and Consumer Services T, Mark Schmidt Off-Highway Vehicle Recreation Grant Program 407 South Calhoun Street - Mayo Building, Room 5B-8 Tallahassee, FL 32399-0800 Dear Sir/Madam: The Miami-Dade County's Aviation Department (MDAD) owns and operates the Dade- Collier Training and Transition (TNT) Airport, TNT is comprised of over 24,000 acres located north of U,S, Highway 41/Tamiami Trail. The operating airport consumes 8,000 acres and is surrounded by 16,000 acres of wetland marsh prairie, cypress tree isiands, and man-made lakes, MDAD was approached in 2007 by the Park and Recreation Department (MDPR) to find a location for trails for off-highway vehicles (OHVs), The Aviation Department is nearly finished with a study that is recommending the highest and best uses for the 18,000 acres of property for revenue generation and resource conservation. The Aviation Department is amenable to OHV recreation as a potential activity in the approximate 1,450 acres of previously disturbed land south of the airport, In 2009 MDAD and MDPR executed a Memorandum of Agreement, and have since worked jointly on the planning and design of an OHV trail area south of the airport, Therefore, MDAD supports MDPR in their grant request for planning work that leads to land use approvais and environmental permitting for OHV trails at TNT, This site appears to have the potentiai to support a regionai OHV recreation area that wiil attract riders from ail over South Florida, ;tje:'AJ, ft ~ - Grego~ d1ol:; Division Director, Reai Estate Mgmt & Development Everglades Coordinating Council 22951 SW 190 Ave. Miami, FL 33170 October 11, 2005 Florida Department of Agriculture and Consumer Services T. Mark Schmidt Off,Highway Vehicle Recreation Grant Program 407 South Calhoun Street - Mayo Building, Room SB-8 Tallahassee, Fl 32399,0800 Re: Off,highway Recreation Site To Whom It May Concern: The Everglades Coordinating Council (ECC) delegates agree and support enthusiastically Miami Dade County Park and Recreation Department's request for funding from Fl, Dept of Agriculture and Consumer Services, Div, of Forestry, for a study of potential sites in Miami,Dade County for future location of an off,highway vehicle recreation site, Miami,Dade is in great need of a structured OHV area for our citizens to enjoy as well as others from outside our county. As vice president of the Everglades Coordinating Coun- cil and speaking on behalf of our many organizational delegates, I am totally optimistic and looking forward to the positive effects a future OHV site will bring to Miami,Dade County and our fellow citizens. Organizing this "Active" style OHV use will greatly as, sist in removing it from un,authorized areas that the activity sometimes occurs in, Being in an organization that advocates and supports everyone enjoying all of Florida's rich outdoor recreational opportunities, we wholeheartedly endorse this project and urge the powers that be to also lend their support. If you have any questions please do not hesitate to contact me at 305,588,9910, Sincerely, Albert Bryan Vice President Everglades Coordinating Council Appendix V,D,5b,l5 Appendix V,D.5b.15 - ~~~''''''U'_ MIAMI-DADE COUNTY - FLORIDA ~~n~ COMMISSIONER DISTRICT 12 111 N. W. FIRST STREET MIAMI, flORIDA :33128.1963 (305) 375--4343 FAX (305) 372-6109 E-MAIL: JPdiczOrniemidade.go", March 12; 2009 ' Florida Department of Agriculture and Consumer Services T. Mark Schmidt Off-Highway Vehicle Recreation Grant Program 407 South Calhoun Street - Mayo Building, Room SB,8 Tallahassee, FL 32399,0800 To Whom It May Concern: I proudly support the Miami,Dade County Park and Recreation Department in their grant request for funding for planning work that leads to land use approvals and environmental permits for off-highway vehicle trails at the Dade-Collier Training and Transition (TNT) Airport, Miami has a great need for off,highway vehicle recreational trails and riding areas. I have been approached by mothers and fathers who want a safe place for their children to ride ATVs and dirt bikes, There have simply been too many people injured in OHV accidents' along roadways in the county, and we are working toward a solution to the problem. I am working closely with my colleague, Honorable Jim Colletta, Collier County Commissioner to coordinate of planning and design of OHV trails at TNT that will benefit residents of both counties. Due to the importance of this project, I brought Collier and Miami, Dade County administrators and environmental regulatory agencies together and discussed the need to expedite this project. Our agency partners in this project include Big Cypress National Preserve, South Florida Water Management District, US Army Corps of Engineers, US Fish and Wildlife Service, Florida Fish and Wildlife Conservation Commission, just to name a few. Again, I extend my support to Park and Recreation in their grant request for planning work that leads to land use approvals and environmental permitting for OHV trails at TNT. This site can provide a safe place for children and adults to ride ATVs and dirt bikes, with designated trails and a family-oriented atmosphere, I underscore the importance of a regional OHV trail area for residents of South Florida, and urge the Committee to support this grant request. DISTRICT OFFICE. 83-45 N.W. 12TH STREET. MIAMI, flORIDA 33126 . (305) 599-1200 . FAX (30S} ..470-1791 , Appendix V.D,5b.15 COLLIER COUNTY OFFICE OF THE COUNTY MANAGER 3301 East Tamiami Trail. Naples, Florida 34112. (239) 252-8383. FAX: (239) 252-4010 March 12, 2009 Florida Department of Agriculture and Consumer Services T. Mark Schmidt Off-Highway Vehicle Recreation Grant Program 407 South Calhoun Street - Mayo Building, Room S8-8 Tallahassee, Florida 32399-0800 To Whom It May Concern: Please consider this letter of support for Miami Dade County Park and Recreation on their grant application for the T, Mark Schmidt Off-Highway Vehicle Recreation Grant Program. This application will provide necessary funding for planning work that leads to land use approvals and environmental pennits for off-highway vehicle trails at the Dade-Collier Training and Transition (TNT) Airport located In Dade and Collier Counties. Currently, there is no public land available for OHV trails, or all-terrain vehicle use within Miami-Dade County and in Collier County. Land available for such use is not readily accessible due to the cost of land; difficulty in finding land that is not considered environmentally sensitive and some lands require special permitting. At the request of Collier County Commissioner Jim Coletta, Miami-Dade County Aviation and Park and Recreation staff made a presentation to the Board on the proposed use of OHV trails at TNT. Collier County Commission directed staff to continue to work with Miami-Dade in planning, design, and permitting of OHV facilities, The next step is to apply for land use approval for the site. Supporting the request of Miami Dade County Park and Recreation will allow them to continue work toward developing OHV trails at the TNT site for use by both counties' residents, Again, I extend my support to Miami-Dade County Park and Recreation in their grant request for planning work that leads to land use approvals and environmental pennittlng for OHV trails at TNT, This site can provide a safe place for children and adults to ride ATVs and dirt-bikes, with designated trails and a family-oriented atmosphere, I underscore the Importance of a regional OHV trail area for residents of South Florida, and urge the Committee to support this grant request, Sin/. ' <~.~~r Collier County Government ,.- ~Cn.fing .lI PosItIve FUfure for Off-Hlghw.y VehitJ. Recre.lltlon~ October 17, 2005 fouche@miamidade,qov The National Off-Highway Vehicle Conservation Council (NOHVCC) is a publicly supported, non-profit, education foundation organized for the purpose of promoting safe, responsible, family-oriented off-highway recreational experiences, We are a forum for organizations and supporters of OHV recreation, including enthusiasts, clubs, associations, OHV manufacturers, aftermarket suppliers, OHV dealers, and affiliated foundations, to become partners in creating a positive future for the sport, NOHVCC supports the development of OHV recreation parks and riding areas that are designed, constructed, operated and maintained in accordance with the guidelines contained in the OHV Park manual written by George Fogg, Copies of this document can be ordered from our Wisconsin office. NOHVCC recognizes the need for public OHV recreation opportunities in southeast Florida, and supports the development of a properly designed and managed OHV park in Miami-Dade County. If we can provide additional information or support, please contact us. Sincerely, Russ Ehnes Executive Director National Off-Highway Vehicle Conservation Council 4718 South Taylor Drive Sheboygan, WI 53081 Phone: 800-348-6487/Fax: 920-458-34461Email: Trailhead@nohvcc,oro Appendix V,D,5b.15 ,-, APPENDIX V.E.la POTABLE WATER - - - Dade-Collier Cypress Recreation Area County Petition No. CP-2009-1 ADD8ndlx V.E.la - Potable Water Existing Level of Service Standard (LOSS): The Collier County Growth Management Plan - Public Facilities Element (Potable Water Sub-element) establishes the following Potable Water LOSS: 1. For the Collier County Water and Sewer District. the LOS is 185 GPCD (gallons per capita per day) 2, For the Goodland Water District. the LOS is 163 GPCD. 3, For the City of Naples unincorporated service area, the LOS is 163 GPCD. 4, For the Everglades City unincorporated service area, the LOS is 163 GPCD. 5, For independent districts and private potable water systems, the LOS is the sewage flow design standards as identified in Policy 1,3,1 of the Potable Water Sub,Element of the GMP, except that approved private wells are exempt from these LOS requirements, Prooosed ImDrovements: The proposed Dade-Collier Cypress Recreation Area (The Project) contemplates the following development characteristics: a, New Visitor's Center Building (approximate 2200,2400 SF) to include, Administrative area (small office room), Orientation area, Restrooms and small meeting room (with media capability for training/orientation purposes) b, New Parking Lot for 80 vehicles, c, Camping: primitive and RV (but with minimal offerings - not for extended stay/luxury RV camping) d. Fishing: piers or docks, e, Off,highway vehicle trails (at grade) for Off,Highway Vehicles (OHV) use, f, Multi,use trails (for hikers and bikers) g, Wildlife viewing opportunities (could be a platform or overlook, or simply a cypress dome or tree island visible at a distance from trails) h, Archery Range, Review of the Collier County OlD-Year Water Supply Facilities Work Plan", The 2008 Water Master Plan Update" and the "2008 Annual Update and Inventory Report (AUIR) on Public Facilities" indicate that the proposed development is well outside the existing and future Collier County Water Service Area as depicted in Figure A-I and will not impact the capacity of the existing public water distribution/transmission and treatment system; thus exempt from the above listed LOS requirements, Given the remoteness of the project site from publiC water distribution/transmission facilities, potable water and site fire protection for the new development may consist of onsite welles) with approved - purification system(s) designed, permitted, constructed, monitored and maintained in conformance with county/state health department standards, the Dade,Collier Cypress Recreation Area Page 1 012 Appendix V,E,la - - National Fire Protection Association and South Florida Water Management District (SFWMD) Water Use Permit(s) general and special conditions, Dade-Collier Cypress Recreation Area Page 2 of 2 Appendix V,E,la ~ 25 r ~ 26 E ~ 27 E -~ FIGURE 1-1 LEGEND r~i~'~~' r~ll I I I! i" i I ^ i I I I ' II ~ ~ ~ C":l c: r- 'r] . /: t 0 I 'r; 1 , 1 I , H ~ ~ 1 ' I i-;:l " I" I , , I ~ L o 0.5 1 J ~-- SCALE IN ~ILES '" EXISTING WATER TREATMENT PLANT I: PROPOSED WATER ~ TREATl.4ENT PLANT AREA SERVED SY COUNTY WATER - * ;; [1:g:~ CITY OF NAPLES ~~f: gfR:f~L~J ~ _ FQUA SERVICE AREA ORANGETREE SERVICE AREA GOLOEN GATE ESTATES '" ~A\~~cSl;55NOARY- $ OISTRICT 80UNDARY - - - PRIOR TO 2003 ~-43mll"S d " ........_~---_. MARCO ISLAND WATER AND SEWER DISTRICT ,- " r' WATER ...... "- ColIietCou~ao....mm.nt PlJb/lcUtilltIQOivilian 2006W~'Mute'PlanUJId.te 2'1 Ju"",2008 APPENDIX V.E.1a FIGURE A-1 - APPENDIX V.E.lb SANITARY SEWER .-. --, Dade-Collier Cypress Recreation Area County Petition No. CP-2009.1 -- Aooendlx V.E.l b - Sanitarv Sewer Existing Level of Service Standard (LOSS): The Collier County Growth Management Plan - Public Facilities Element (Sanitary Sewer Sub-element) establishes the following LOSS: a. The North Sewer Area is 145 GPCD, b, The South Sewer Area is 100 GPCD, c, The City of Naples unincorporated sewer service area is 121 GPCD, d, Independent districts and private sanitary sewer systems is the sewage flow design standards identified in Policy 1 ,2,1 of the Sanitary Sewer Sub-Element of the GMP. as required by the State of Florida, e, Approved private septic systems are exempt from these LOS requirements, Prooosed Imorovements: The new project contemplates the following development characteristics: a, New Visitor's Center Building (approximate 2200,2400 SF) to include, Administrative area (small office room), Orientation area, Restrooms and small meeting room (with media capability for training/orientation purposes) b, New Parking Lot for 80 vehicles, c, Camping: primitive and RV (but with minimal offerings - not for extended stay/luxury RV camping) d, Fishing: piers or docks. e, Off'highway vehicle trails (stabilized trails - at grade) for Off,Highway Vehicles (OHV) f, Multi'use trails (for hikers and bikers) g, Wildlife viewing opportunities (could be a platform or overlook, or simply a cypress dome or tree island visible at a distance from trails) h, Archery Range Review of the Collier County "2008 Annual Update and Inventory Report (AUIR) on Public Facilities - County Sewer Treatment and Collection System" indicate that the proposed Dade,Collier Cypress Recreation Area is located approximately 43 miles from the existing and future Collier County Wastewater Service Areas as depicted in Figure 8-1 and will not impact the capacity of the existing public wastewater collection/transmission/pumping and treatment systems; thus exempt from the above listed LOS requirements, The sanitary sewer system for the new development may consist of onsite septic tank/drainfield system(s) strategically located within the proposed development and designed per F,A.C, requirements, considering required setbacks from potable water well(s) and environmentally sensitive (wetlands) areas, Dade-Collier Cypress Recreation Area Page 1 of 1 Appendix V,E,lb ~ ,- , . u em r;,. NAPLf ~ NAPLES WRF --,"- , u ~ 1 ~ '-,~qy "". LEGEND L" i ~; ~hC. '}.~ T! F >I[t, ~~" ;0', r '>lit I '-lJ C'-'~. ".LT;: F ,?(C,-A.M',IO'",>r.ILl " ~ (''''Ef Jf>~AI"(' 1 "./<1"" CC"'-,.OYo'A.:;'1('A,",[i' SfPVIC-::.<;';:,' C I '-', ,;...~ I , '-GU^ S( R','1 (, r. ~"[' ;;F:.."r,[iRi:l =,,[1':'1;(: ...~[" ,.0,-0[" G.LT<. fSU';:'~ II',; Ie ~ ~L o\'ll. ~l~T"Ir:l ;>~h.'t'~t......, 5'jU';'JUH t;.( nlll,~' ....rSfIlVic-, M?lI,: .t, 1_____ EXISTING AND WASTEWA TER ~ ,~ , ~ ,,:,\ ~: nF r,j.:Fil..r:II';:.T SER',tj::f t,RtA' -- NORTH SERVICE AREA ...'- . -- w _~ I I I d' 'SD'fViCi 4J;:~' ,',-,,- J ,.(.~ [' ~. ;f, - - . - VAlKO ISlA~;D WAT[i:; AND SEweR ':llSTRICT FUTURE SERVICE p p ;: ;1 -4:- II I' I' '1'~l_r,,~f,'F. - - PROPDSEC N(WR. ..~.........-:, - JRANGETREE", WR, ~ t..:~<:(ld ::[;;'viCE APEA 'iOUTH , ~;,. 5ERVICE AREf - , I I. . . ~ I ~ . . I .' I . . . . . I . I '. . . I t. . '1 .. f . . , t.:i ,j < 1'43 milesl ---- k ISIJl. AREAS COlL1U; COUNTY GOV[Rlm~Nl PuBLlC UliLJTJfS O:\lj51QN 2006 WAST(WAlER AU1R APPENDIX V,E,1 b FIGURE B-1 ,--, APPENDIX V.E.lc TRAFFIC METHODOLOGY AND TRAFFIC IMPACT STUDY (TIS) - - Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL - TABLE OF CONTENTS INTRODUCTION"".""""" ,.., ,."""" ,."",.'" ,.,.,.""""."." "."""",.""""""",."."",,',,""" ,., ,."", 2 METHODOLOGY STATEMENT..""..".""""""""..".."",..",.."..""""""..",.."....."",...."".."",. 4 TRIP GENERATION..""..,..,.."..,..".",..,....""""",....""..",.."..""..""",.".",....",..",."""""..". 5 TRIP GENERATION SITE USEAGE.......,................................................................................. 5 TRIP DISTRIBUTION AND ASSIGNMENT"""""""""""""..""""""."""".."""""",..."""",.. 6 TRAFFIC COUNT DATA.."..,""""...."""""'.,."..""".".".."'..""""""'..,..""""".."""""""""'. 8 BACKGROUND TRAFFIC GROWTH/FUTURE TRAFFIC...",.."..".,."""""""..,..""",....".,.."",.8 ANALYSIS SCENARIOS..",.,.."..,..".".....",..,."..",..".."..",..".."",.,..,..,....,.",.."",..",."."....".. 9 SIGNIFICANTLY IMPACTED ROAD SEGMENTS/INTERSECTIONS.....................................,.. 9 SUMMARY OF RESULTS.."."""",.."""""""""..""",.."..",.."..".""",..",....,.,...."",..",..,..""" 10 LIST OF TABLES TABLE 1 - TRIP GENERATION SUMMARY.............................................................................5 TABLE 2 - PROJECTED ATTENDANCE PATTERNS................................................................ 6 TABLE 3 - TRIP DISTRIBTUION BY COUNTY.........,............................................................, 7 TABLE 4 - GROWTH TREND FACTOR ........................,....................................................,.. 8 LIST OF FIGURES _ FIGURE 1 - SITE LOCATION MAP.........................................................................................2 FIGURE 2 - TRIP DISTRIBUTION REGIONAL PERCENTAGES............................................., 7 FIGURE 3 - AM/PM PEAK HOUR TRAFFIC VOLUMES........................................................... 11 FIGURE 4 - FDOT 2008 MDT DATA..................................................................................... 12 FIGURE 5 - FDOT HISTORICAL MDT DATA (DADE COUNTY SITES)................................. 13 FIGURE 6 - FDOT HISTORICAL MDT DATA (COLUER COUNTY SITES)............................ 14 FIGURE 7 - GROWTH RATE CALCULATIONS (1)..................................................................15 FIGURE 8 - GROWTH RATE CALCULATIONS (2)....,............................................................,16 FIGURE 9 - COLLIER COUNTY 2008 AUIR TABLE 1............................................................,17 FIGURE 10 - COLLIER COUNTY 2008 AUIR TABLE 2...........................................................18 FIGURE 11 - COLUER COUNTY 2008 AUIR TABLE 3/GROWTH RATE CALCULATIONS (3) 19 FIGURE 12 - TIS ADDENDA DATED MARCH 29, 2009........................................................ 20 - Appendix V,E, 1 c 1 of 24 ~ Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL INTRODUCTION Milian, Swain & Associates, Inc. (MSA) retained Miller Legg to perform a Traffic Impact Study (TIS), on behalf of Miami-Dade County Park and Recreation Department, for the Plan Amendment (Future Land Use Element and Future Land Use Map) Petition CP-2009-1 for the Dade Collier Cypress Recreation Area in Collier County, Florida. The proposed Growth Management Plan Amendment application provides for a new Future Land Use District. This Traffic Impact Study (TIS) has been prepared in accordance with the current edition of the Collier County Transportation Planning Department's TIS Guidelines and Procedures. Existina Conditions The Dade-Collier Cypress Recreation Area District encompasses approximately 1,608 acres of land located within Sections 13, 14, 15, and 16 of Township 53 South, Range 34 East, adjoining the Miami-Dade/Collier County line north of U.s, Highway 41 and south of the runway of the Dade-Collier Transition and Training Airport, and within the Big Cypress Area of Critical State Concern (ACSC). All lands within this District are entirely owned by Miami'Dade County and includes wetlands, cypress and hardwood forests, and five man-made lakes. Please see the project site in Figure 1. Figure 1 - Site Location Map Appendix V,E,] C 2 of 24 Revised 8,12,09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL ,- Prooosed Conditions The proposed site is located on the Dade-Collier County border. Access to the proposed site will share the existing service driveway for the Dade-Collier Training and Transition Airport. The project entrance, site area, and adjacent roadways are shown in Figure L Tamiami Trail is a two lane undivided roadway connecting Miami to Naples, and continuing north to Tampa/St. Petersburg. The closest intersection to the project site is State Road 29, approximately twenty- eight miles to the west. State Road 29 continues north to 1'75, The primary purpose of this District is to provide an appropriate level of recreational uses beneficial to the County and the region while retaining the existing natural resources. Dade Collier Cvoress Recreation Area Comorehensive Plan Amendment (Petition CP-2009-1) The uses allowed within this District, with limitations specific to this District, are as follows: L Visitors' center building - for administrative offices, orientation area, meeting room, and restrooms - not to exceed 2,400 square feet; 2. Parking lot limited to a capacity of 80 passenger vehicles and associated trailers; 3. Primitive Camping; 4, Recreational vehicle camping; 5. Fishing piers and docks; 6. Multi'use trails for pedestrians and bicycles; 7. Wildlife viewing platforms and overlooks; 8. Archery range; 9. Off highway vehicles (OHV) trails; and 10. Other uses as allowed in the Conservation Designation. The primary purpose of the TIS is to quantify the potential impacts, ensure compliance with the transportation concurrency requirements consistent with the plan and identify site related operational deficiencies that impact the health, safety and welfare of the traveling public. -, Appendix V,E,l c 3 of 24 Revised 8,12,09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL METHODOLOGY STATEMENT The TIS has been prepared based on the methodology statement dated March 27, 2009 as amended per comment by Collier County on April 14, 2009, As requested in the May 5, 2009 sufficiency review letter for Petition CP-2009-1, the TIS has been prepared and is based on the following information, rules and criteria: o The TIS has been prepared by a transportation professional with training and experience in traffic analysis and transportation planning, Please reference detailed experience of the transportation professionals in Appendix I.D.1. o The TIS will be prepared as a Minor Study which is defined as a site with ''no significant operational impacts with minimal roadway impacts and work within the County right-of- way'~ o New traffic data collection was not collected. Traffic data was taken and used from the 2008 Annual Update and Inventory Report (AUIR), o Trip Generation was calculated per ITE Trip Generation Handbook, 8th Edition, Land Use Code 417, Regional Park, The trips were calculated based on the acres of park that plan to be developed. The acreage was determined based on The Big Cypress Area of Critical State Concern (ACSC) Overlay, The ACSC requires that a site alteration shall be limited to 10% of the total site size. o Trip Distribution and Assignment was calculated based on the OHV title data from the Florida Department of Highway Safety and Motor Vehicles for Broward County, Miami- Dade County, Collier County, Hendry County and Lee County. o The Growth Rates were calculated using the actual linear historical growth rate for impacted segments or minimum of 2% linear rate whichever was greater. o Internal and pass by capture trips have not been incorporated into the analysis, the land use being proposed is not conducive to internal or pass by capture and due to the site location. o Level of Service Standards for all major road segments shall be consistent with the letter standards shall be consistent per the County's latest Adopted concurrency tables in the Annual Update and Inventory Appendix V,E,l c 4 of 24 Revised 8,12,09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County. FL - TRIP GENERATION The trips generated from/to the site have been estimated using the latest Institute of Transportation Engineers (ITE) Trip Generation, the 8th Edition. The ITE land use code 417, Regional Park was used as indicated in the methodology statement previously submitted. Please see the trip generation calculations in Table 1. It should be noted that ITE land use code 416, Campground/Recreational Vehicle Park, has elements of some of the land uses being proposed on this site, but the trip generation data from the ITE Trip Generation, 8th Edition only has one independent variable from one observation based on site acreage. Site acreage is the predominant variable being used to calculate the Average Vehicle Trip Ends since Occupied Camp Sites have not been defined on a conceptual site plan. Regional Park 43% 10 0.20 32 45% 14 14 10 32 The total project site generated trips of 24 in the AM peak hour and 32 in the PM peak hour are below the threshold of a minor study. The site has been operational in the last twelve (12) months but the existing trips generated to and from the existing site are minimal. Therefore vested trips and net trips from the existing use are considered negligible for this study. TRIP GENERATION (SITE USAGE) The site trips generated in Table 1 are a conservative representation of the traffic flow to and from this site. The existing and proposed use and intensity have been analyzed and summarized in Appendix V.D,S.B of the Growth Management Application for the Comprehensive Plan Amendment. In addition to the proposed use and intensity analysis, a review of the seasonality and anticipated attendance patterns are included as Table 2. This further supports that the number of peak users will be small and variable due to the fact that not all uses will be used year round. .- Appendix V,E,l c 5 of 24 Revised 8,12,09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL JAN FEB MAR APR MAY JUN JUL AUG SPT OCT NOV DEe. Pro'ected Peak Attend. Season X X X X X X Pro'ected Low Attend. Season X X X X Projected Lowest Attend. Season Lar el Closed X X Peak Season Weekda s -% of Mo. total 2S Peak Season Weekends -% of Mo. total 75 Low Season Weekda s -% of Mo. total Low Season Weekends- % of Mo. total % of Total Mo. Tri s -Time of Da -AM 75 50 50 50 NA NA 50 75 75 75 % of Total Mo. Tri s -Time of Da - PM 25 50 50 50 NA NA 50 25 25 25 TRIP DISTRIBUTION AND ASSIGNMENT The site trips generated in Table 1 have been distributed and assigned to the roadway network based on the OHV title data from the Florida Department of Highway Safety and Motor Vehicles for Broward County, Miami-Dade County and Collier County. Users may also come from Hendry County, Lee County and potentially St. Lucie County, but for calculation purposes the three Counties of Broward, Miami-Dade and Collier have been used in the trip distribution and assignment of the site trips. The method for determining the trip distribution and assignment was outlined in the approved methodology statement that was reviewed and approved by Collier County. For this specific use and due to the site location, the most current version of the Collier County Model was not used. The trip distribution percentages have been shown graphically in Figure 2, and summarized in Table 3, per the Collier County TIS guidelines. Appendix V.E.1 c 6 of 24 Revised 8.1209 - Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL Figure 2 . Trip Distribution Regional Percentages Hend 50% 1625 813 2% Lee 25% 9100 2275 6"10 Collier # # 100% 12 500 12 500 33% Broward 75% 12 543 9407 25% Miami-Dade 100% 12 842 12 842 34% Total: 37 837 100% ** litle Transactions taken from the County 1i~e Activity 06/30/02-12/31/08 document provided by the Florida Department of Highway Safety and Motor Vehicles. The Title Transactions are for Off Highway Vehicles by Residence County. # # Title Transactions for Collier County adjusted higher per discussions with the Collier County Comprehensive Planning Department TRAFFIC COUNT DATA All traffic data used for the TIS was taken from the 2008 Collier County Annual Update and Inventory Report (AUIR), as included in Figures 9 and 10. Due to the location of the site, manual turning movement counts (MTMC's) and daily directional machine counts for significantly impacted road segments were not requested to be collected for the signalized intersections. The TIS used the following Collier County Count Station Data: Appendix V.E. 1 c 7 of 24 Revised 8.12.09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL ., Count Station 97- US 41 (East Tamiami Trail) from SR 29 to Dade County Line ., Count Station 96- US 41 (East Tamiami Trail) from San Marco Drive to SR 29 ., Count Station 80- SR 29 from US 41 to CR 837 BACKGROUND TRAFFIC GROWTH/FUTURE TRAFFIC The traffic data used from the 2008 Collier County Annual Update and Inventory Report (AUIR, Figures 9 and 10) was increased by a growth trend factor (GTF). The 2008 FDOT MDT Traffic Count Tables (Figure 4), the FDOT Historical MDT Reports (Figures 5 and 6) published by the FOOT Transportation Statistics Office and the Collier County published AUIR Tables from prior years 2002 through 2008 were referenced in determining the linear growth rate. The committed trips were also included as part of the existing peak directional volumes as shown in the AUIR as trip bank or vested development trips. As mentioned, the FDOT Historical MDT Report data was used to determine the linear growth rate (trend rate) so that the future build-out traffic could be established. Data from each of the nearby monitoring sites located within the study area was fitted with a linear regression to determine the annual trend growth rate from 2008 to the projects design build-out year of 2016 (estimated). As mentioned, the back-up documentation of the average annual growth rate are included as Figures within this report. Due to the relatively flat linear growth rate using the FDOT Historical Data and Collier County published AUIR Tables, a conservative estimate of 2.0% growth per year was assumed as requested by Collier County. The GTF for the project trips at the site access driveway is calculated in Table 4 below, using the equation GTF = [1 + (Annual Growth Trend Ratejl00)] ^ N, where N = number of years from date of traffic count to 2016. '"1l'd':l.~'n7'''''''''~ ,<"~,, ."'~ '.~~"'i"'~"~-";~'''''''''''''_'~~f!~M'''I'tr ' ",...~ .~r f'4m' ~""~"~,cm:"~~'"'W \;>C . q '~"'".M~' ~,'{\~ > /. >'C-f \ 1 1"',', r 0,\,' {~''''...:' "" ';''1 - ,,~ . , ," ' '\ ~'" :' ~ ";. L . . G "I" j: 'I 1':-' J,=~_~' q;"fr , , 11 1/'\ \/ j "j . . t,_", -' , , "" .. '-.,.... "" US 41 (E. Tamiami Trail from SR 29 to Dade Cnty Line) 2008 8 2% U72 US 41 (E. Tamiami Trail from San Marco Drive to SR 29 2008 8 2% U72 SR 29 from US 41 to CR 837 2008 8 2% 1.172 *Minimum, annual growth rates in all cases shall be two percent (2%) unless otherwise approved by Collier County. Appendix V,E.l c 8 of 24 Revised 8.12.09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL - ANALYSIS SCENARIOS The traffic analysis for the TIS will be limited to the following analysis scenarios as outlined in Table 9.1 of the Collier County Transportation Planning Department's TIS Guidelines and Procedures: Scenario 1- Existing + project trips (2008); Scenario 2- Future-6 year build-out horizon, linear per growth rate (2016). The analysis included committedfvested trips on the roadway network based on the absence of approved but un-built surrounding developments. SIGNIFICANTLY IMPACTED ROADWAY SEGMENTS/INTERSECTIONS The proposed project highest peak hour trip generation based on the peak hour of the adjacent street traffic determines the limits of the trip distribution and analysis per the TIS Guidelines. The trips distributed on links directly accessed by the project where the project traffic by direction is equal to or exceeds 2% of the peak hour service volume for the adopted LOS standard. For this plan amendment application/petition, the proposed project highest peak hour trip generation by direction (11 trips) based on the peak hour (PM) divided by the peak hour service volume (875 vehicles) provides the level of significance. This significance test for scenario 1 is for the project trips leaving the site, making a left and heading east on East Tamiami Trail/US 41 toward Miami-Dade County. The significance percentage for scenario 1 is 1.26%. The significance test for scenario 2 is for the project trips with background traffic (at the build- out year horizon) for the project trips leaving the site, making a left (11 trips) and heading east on East Tamiami Trail/US 41 towards Dade County. The significance percentage for scenario 2 is 1.26%. Please reference Figure 3 which graphically displays this volume information. The significance percentage for both scenarios per current traffic analysis is below the 2% threshold that would have required analysis of the next directly accessed link/segment (SR 29). There also are no signalized (major) intersections within 1,320 feet of the site access on the directly accessed link segment, East Tamiami Trail/US 41. Left and Right Turn Lane Warrants as outlined in the Collier County Transportation Planning Department's TIS Guidelines and Procedures were reviewed as well. The results of these warrants are shown below: Appendix V.E.l c 9 of 24 Revised 8.12.09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL ., Right Turn Lane Volume Threshold = 40 or more peak hour right turn trips into the project site ingress/egress ., Left Turn Lane Volume Threshold = 20 or more peak hour left turn trips into the project site ingress/egress As displayed graphically on the exhibit in Figure 3, the build-out peak hour right turns into the site ingress/egress are 10 vehicles. Similarly the build-out peak hour left turns in to the site ingress/egress is 7 vehicles. Peak event operational analysis (i.e. peak hour of generator, weekend rates) is not required by the GMP Amendment review process at this time, but will be applicable at the time of Development Order (Le. SDP) application or deferred to other appropriate application phase. Turn lane improvements may be required at that time. SUMMARY OF RESULTS The results of the TIS for this project site are that the review shows that the proposed site should be classified as a Small Scale Study which is defined as "No significant operational or roadway impacts.~ The criteria outlined in the TIS Guidelines for a Small Scale Study is as follows: >> The project generates less than 50 net new total 2-way AM and less than 50 net new total 2-way PM peak hour trips, and (CONFIRMED) >> The access point to the adjacent roadway network does not require modification inside the Right-Of-Way above a standard driveway connection. (No turn lanes or median modifications), and (CONFIRMED) >> The project is a stand alone project and not part of a larger development, and (CONFIRMED) >> If the project uses a shared access point, the addition of the project traffic does not trigger any operational deficiencies or additional work within the right-of- way. (CONFIRMED) Therefore a letter from Miami Dade County has not been submitted as part of the TIS acknowledging impacts on US-41 since the peak hour directional project trip volumes are not over 2% (directionally) in Collier County. Appendix V.E.1 c 10 of 24 Revised 8.12.09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL ,- ,,_ I.,.... ~ J1.1111US ... .... .......... ~ I ~ i! ~ Ii i ~ ~ . ~ Ii " ! t I I i g I 1II - m ! I ~ i - !i 0 U ~ i .0 '-. -1314(_ J l _.~lOtmIl .....-z.. fZQlll) ."21114l- ,. TMIIAMI TItM. _ (244)-- . (Ill i 2I:IIC~)-- ~ W ~ _MUOr ...r . ~ C_CT~"'__ll"I" I N."" [(n TW.v(I" ~ . 1._ - -.-cIlCMCIU.lIIIIC'llQrUIL \a.U'" r.... l'RCDI 11IM ft."" '2_ _ --_ ......_ IlC(J:lCJ '\=N_ ,....... I.... 131'" -- ...- ~ I !lI -- 27.7 1IIlU~ u_. ~ .... .... I " ~ i! = w I ~ . . ~ Ii n I I ~ ! I " ~ I ;lj EE c ! ~ ~ ! .. ~ Jl '-.cO) _t4n ("54.) _2" twJ _2. (131) ,,,..(1....,,- It. fMlMM 1M. ... (2IOl- ll'l i 1M c-.)- i . -......_r"'ll3T ~ ((l'lIlDo8n' =........ ...... ~)~lJI . ct"- _-'-- - "'1II1W--~~ - IIMJ6CClUJEII CftrI_1EllEA1IIIAREA ~~- .-,.----- -- "=-' "'-:... - --- - Figure 3 - AM/PM Peak Hour Traffic Volumes Appendix V.E.1 c 11 of 24 Revised 8,12.09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL COUJr."f, OJ C:OL:.rn. FI.J:)RI~'" oap'u'f)I!HT opt T!lAltSiIOII.TATtON 2001 ANNUAL AvtaAaI' ~rLY 'MlAFP!C RlI:i'OU' - R!!POE{'!' T'tpg: .u.L !I.AD'l' 'j(' D~'O. O~[).1'. OUU.CTIDN 1 DIRZCTIOlf. TWO-WAl F'CTR UOO rcrR Oleo i'Cl'l! 0001 Htt Stn 'l"tPE DltSCllrPTWN 3~..~as.....n .n..~U...U"..~...~__~..~..'.U .0. SR .19, NOllT1i or ell: UO/LAU TItAl'FO/W ROAD CC' 0002 OO'H OMS !Jo006 O;)U <lOI2 ,)llH DOH 0"11 0013 (l022 0021 OOH .,OB 0031 oelS MU OOH T OlH 01\1 01B O1Z~ OlU .or 0151 OHO 0170 aL7] 0175 0114 0111 HH SlTET'lPli: -~, "K'O" FW\Gll "," P1.ADS Sf! 29. SOUlllBAST 0' eR U'/lU'J( STRlflIT 51!. IS/US n, SOOTH or Cll: n6/prl'lr. n:GE aD CC<; 311. 90/US n. ooltTlnfBST OF eR n ccs Sit 29. NORTHEAST OF SI!. 90(US U ccu; US 4t, ]00 F"T_ usrOY Cll--H SII 4S!tJS "1 lfllRTlt OF CR n'. PnfIl ItIoGlf ~ cC"> SR10!USn, NCR1'f1~TOP'SR 9'>1 '" J:;R10/US n sa or:> CJ. aU/RA'l'1'L&9!lAKEI HA/'MXI( CCS SR H/US H. SCfml or eEl. UlIlJAN ElIlA.CH RO CCSU :>1I.'1S/US41. N 011' cRuG/n"'IQ~Il! RD/UITH 11.'1 CCS6 OORTH 11.11. PROM TltR/IlINl\.t. ORIn TO CR II C:C6'2 S CR H/AIRf'OR1' ROAD, SOP' CR n6/c-.aATii: pnfY ,:C5J CR. ll/"'LlU'>Oll.1' !lEL S OP cp. 896/P1)(i: il.1WIt RD ce sa 19, <<EST 0' C:R US/lST $'l'RIUlT CC6U SIl. H, SOllJll OF SR 9l!I 1S COLL1D court N Pftll> ItIDGE :to/au.., EOI' GOODr..e:rTS !'RANK RD/CR9 .... ,SRZ9/l5TH ST N, S OF CRUO!u.KX 'IJlA..!'FORD RD ~6 SR-'O/1lS U,,) I'll Soli OF CItH/;\,UlPORT RD,COLLUR SR ,O/US 41, ~ST OF SR 2.. ce61.. Sit ..a/us 41, WBST 0' Sit ~'J CC6t7 SR90/USH It Q!, CRSSl/OOOOLET'!'S III Of" urn 51'1 li'i' SiI. n/ml 41, soumv.sT OF CR U\/GOOO1.En'. JU) Hi' SR 2..,0.4 I'll 5 OF i:R-1I2.I_Oo.LEa,COLLUR co Sit i51. SOU'!1f 0' 311I iOIUS H P1!ill: il!JX1K fID. a or CR H/...lltJ>QIIT!10 ceS51 IIIIS C:C SRU, SOL"l'HlI'BSTOF CR $55 Ce5S;) all lliI 75, !!ASTOF Sit H COU.UR cown: .... <;.1t H/AJll.i'ORTltO!l.O, NQPS1I'4!~V!SBLV!I cess Sit U, YoST 01" CR H!A1RPORT ROAD CG5 It C'lt l1/AU-POIl1' ROAD, S OP SR ~4101\'vIS BLVD ceS5 SR U, WItS"tCFCR ll/AJ:Ri'ORTROJ',O ~s :f 5200 , 3500 HOD 10S00C 10231'" 91] 'O,uv ~~ 62 1045.. UOO HO~ C ~0.2U' 9,'1) 'o.asp 52 82 11.~9'" 2'000 N noo .... '" 1100 II HOOO 130M II 1~000 If llSOO '" 2HOO M 900 If 22000 UOOO ~~ao 100 3 28$00 '1000 1009l \f noo \f HOO USOO 29000 UH " 15000 25S00 SHOO C ~O OJ!" 10 SO .,~ Hi> S2 n ..SI' UOQ )800 C ll. ~lr 10;S S~ Uf" Sl n 10 55... '" 1800 C 11 :21' 10 ~s 56 6U' SJ Il ~.a5A nooo 6500 UOO 2~000 USOO 18000 USOo 1100 lNJ C :2 258' U"'/J ~2 n, n Il H U'" n500 4~SO;) C ~O all" 10 50 56.26P 52 ~2 J.H" 140(10 2"'/aoo C ~o ur \0 so "'6 26P 52 S2 ". HSa? ]7500 C ~o IlF 1<} SO 5i 2H' 52 n HA HOOO '6500 C \0 II' LO SO 5i HFU n J.n\> l0500 60000 C 10 HE" LO so ~'26F ~2 82 1 l:.. 900 aGO C il 12l> LO 65 56 601" S2 n '~4A 20500 42500 C 11.l.lO' l.0 h H.6U 52 U 454A 11000 ISOOO C 1111' H) U ;6 6al' 52 n 1."-6A "00 lHOO C 1028F 971 GO aSF 5282 nA 1S0 lIS0 C 11 UP' to 65 56 Sar'S2 12 ;11 75'" 2700(1 S5500;: li,ll? 10 6S SS.UI' 52.12 J,12A 1400 LUGO C 10 lOP 1l ~O!H 52,81 ''A ;WJO' 4un C to ~lA 10 sa 56 }6A sa S9 ) 1'>'\ HOO 2600::: 12 251' 11 11 52 91t 52 &2 13 5SA 1500 Jt ~o 11 121' 10 65 >'.61' SJ.~ 9.~~A 19110'1 .P500 1~ lilY 1'1 50 5~ HI' 51 11 ~9A 18500 56500 C 108)1 10 SO H 1't52 11 } U,\ 69U In52 C \Q 1&A ~.7l ~O au u ~O 12 41'" 1500,) 10000 e 1\ SH' 1111 S4 SiF Sl 8} 761\ BOOO 46000 e l1. .21" lO '5 5~ UP 52 82 ,"^ 6'CO 11~OO G U U' 10 n '" UP S~ 12 m 11900 17500 G l2 l5r 1t.tO S3 L1P 'H 11 161lA 2400'l SOOOO C 1112F 10 65 $6 61r52 n m 12500 lS0CO C 11 12P lO;;S 56 UP S,} U ...5~'" 1I50~ HSCO C 11 121 10;;5 56 UF $} 12 ... U5CO nooo C l\,12F 10.;;S 56.U' 5l.81 m P.FOItTABLE,T.n:LXMiI~lID C. COMPlJTllD; I.. i'VoJIUAL EST, F. FIIl:iT YlU.It 1IS'l:; S.. SIl:CONP y~ IS1'. r. TlfntD yt,Ir,A I.ST, h U\IIKNOIOII 1\.. =101,.; !''' ',IQ1.t.'f!J: l>c:'l'II. CA.ro,. P~ DJST/i'lMC, C'f.l\SS; P~ PUDIl nA.a; S. STAn-IIIPE PEVAIlL'!', Iol_ OtflF.DI,i !lOAD .... ACTUAL, eo", AXLE !'I:'Tll c...ro; D. PtltT/PUNC. cu.s.s, h PIllOR 'tI!AJl., s. lI1'A'TS-\IIIDll DEFAULT, X. CRoss-u:rUllNCIt ll-'\PR-IOOllS,l1,i} PAGIC -t}- OF -7J9- liHUPO [:,J,o.21 1_0J_CAADT,nT Figure 4 - FDOT 2008 AADT Data Appendix V,E, 1 c 12 of 24 Revised 8.12,09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County. FL florida Department of Tran3po~tation Transportation Sta~istics Office 2007 Historical AADT Raport Councy: 81 - MIAMI-DADE Site: 0003 - sa 90/US-41/TAMtAMI TRL. 2QO' If sa 997/KitOHE AV '{€tal::: MOT Oirect:ion I Diz:ection 2 K factor o Factor T Factor ---------- ------------ ----------~- -------- -------- -------- 2007 5800 C E 3000 If 2800 7.90 63.12 14.50 2006 5700 C E 2900 If 2800 7.39 58.66 13.30 2005 ~700 c E 3000 If 2100 7.70 6~. 10 15.40 2004 6000 C E HOO If 2900 8.20 61.10 15.40 2003 5200 c E 2600 w 2&00 9.10 12.]0 15.00 2002 7400 C . 3900 '. 3500 9.20 68.00 11. 10 2001 ~900 C E 2900 w 3000 8.20 53.50 8.40 2000 6600 C E 3400 w noD 8.20 53.10 12.60 1999 5700 C . 2700 W 3000 9.10 52.10 13.10 1998 5200 c . 2700 " 2,00 9.30 S2.70 11.50 1997 4400 c E 2400 W 2000 9.10 64.50 12.90 1996 5200 c . 2600 " 2600 8.50 53.10 9.70 1995 3000 C . 1500 w l5;OO 7.~O 1)2.60 10.90 1994 2700 c E l300 w l400 8.90 60.00 12.20 1993 4400 C E 1800 w 2600 0.00 0.00 0.00 Florida. D~partaent of Transportation T~ansportation Statistics Office 2007 Historical AAOT Report County: 87 - MIAMI-DADE Site: 0004 - SA 991/KROME AV, 1050' S OF sw a ST/TAMIAMI TRAIL Year MDT Oir@'ction 1 Direction 2 K Fact.or D Factor T factor ---------- ---~-~------ ~ ,----------- -------- -------- -------- 2007 16100 C N 7800 s 8300 1.ltO 63.12 10.60 2006 16000 c N 9200 S 8800 1.39 58.66 30.90 2005 15100 C N 7500 S 1600 1.70 65.10 5.20 2004 20500 C N 10000 S 10500 6.20 61.10 5.20 2003 14100 c N 7300 S 6800 8.10 72.30 l~. 80 2002 12900 c N 6600 S 6300 9.20 68.00 29.00 2001 14800 C N 7600 S 1200 8.20 53.50 16.70 2000 16400 c N 8400 S 6000 8.20 53.10 14.60 1999 15000 c N 7800 S 7200 9.10 52.70 16.90 1998 13300 C N 6900 S 6400 9.30 52.10 18.00 1997 11400 C N 5900 S 5500 9.10 6'.50 14.10 1996 10700 c N 5100 S 5000 8.50 53.10 14.40 1995 8400 c N 4400 S 4000 1.90 62.60 13.00 1994 6500 C N 3500 S 3000 8.90 60.00 22.00 1993 6000 c N 3000 s 3000 9.~0 60.30 21. 20 Figure 5 . FDOT Historical AADT Data (Dade County Sites) - Appendix V.E.l c 13 of 24 Revised 8.12.09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County. FL florida Department of Tran~portation Transportation 3ta~istics Office 2007 Historical AADT Repo~t cou:tty: 03 - COLLIER Site: 0006 5. 29. ~ORTHEAST OF SR 90/US H cc615 Year AAD1' Direction l Direction 2 K ~actor 0 E'llC ';: or T Factor ---------- --------- ------------ -------- -------- -------- 2007 1100 C N 900 s 800 11.68 56.38 22.70 2006 1650 C N 900 5 750 ':'1.27 :51.97 16.70 2005 1'500 C N 900 S 850 l1. .10 54. 70 17.60 200'1 2000 C N 1000 " 1000 :1.30 55.30 13.40 " 2003 2400 c N 1200 5 1200 :'1. 30 54.00 13.40 2002 1900 c N 950 S 950 10.50 55.20 13.40 2001 UOO c N SSG 5 asCI 10.00 51,70 6.80 20'JO 19OO C N 900 J 900 11. 40 56.70 16.20 1999 LBSO C N 950 s 900 9.90 54.70 16.60 1998 1500 c N 100 s 800 14.20 S],90 11. 20 1997 120{] C N 600 S baa 12.50 56.20 9.70 1996 1450 C N 700 s 15.j 11.40 53.70 11.60 1995 1300 C N 850 5 650 11. 50 54.70 14 .00 19904 1201) c N 600 J 600 10.00 S2.20 12.10 19903 1250 C N 600 S 650 10.20 54.20 11.10 Site; 0104 - SR gO/US 41, !:AST OF SR 29 CC616 'tear AAO'l' Direct.ion 1 OirectiOJ"l 2 . Factor D Factor T Factor ---------- ---------- .- - ----- ------ -------- -------- -------- 2007 2700 C . 1300 w UOO 13.73 58.8J 1S.70 2006 2600 C g 1300 w 1300 13.54 62.92 14.20 2005 3100 C . 1500 w 1600 14 .60 54.60 20.BO 200. 29'00 C g 1500 w 1400 14.30 55.60 20.80 2003 3<100 c . 1100 w 1700 15.20 52.30 16.00 2002 3100 c . 1500 . 1600 1Z.30 56.JO 14.20 ZaGl. 3400 C g 1700 w 1700 10.00 57. "70 12.30 2000 3200 C . 1600 w 1600 11. ~O 56.70 150.30 19-9'l 4300 C . 2100 w 2200 9.90 54.10 15.20 1998 2100 c . 1300 W HOO 1;' 20 53.90 12.l0 19'97 3300 C . 1600 w 1700 12.50 56.20 10.00 1996 2800 c g 1400 " 1400 11. 40 53.10 8.70 1995 3100 C . 1600 w 1500 11. 50 54.10 10.10 1 ~9~ 2400 C . 1200 W 1200 10.00 52.20 11.10 19'93 3600 C E 1700 w 1900 10.20 54.20 9.20 Site: 0111 - SR 90/U5 41. NEST or SR 29 CC6l7 Year MOT Direction l Direction 2 K Factor 0 I?actor T Factor ---------- ------------ ------------ -------- -------- -------- 2001 1200 C g 1600 w 1600 11.69 56. )9 13.70 2006 3400 C . 1800 . 1600 11.27 51.91 11.20 200; 3600 c g 1800 w 1800 11.40 :;-t. 70 11.80 2001 HOO C g HOD . 2100 11.30 55.30 l1. 30 2003 4800 c E 2400 . 2400 11.30 54.00 11,30 2002 3900 C E 2000 . 1900 12.30 56.30 ll.30 20Dl 4100 C E 2100 W 2000 10.00 51. "10 9.80 2000 3900 C g 2000 . 1900 11.40 56.70 13.20 19,:)9 4BOO c - .2:300 W 2500 9. gO 54.'70 9.40 19913 HOD C . 1100 . 1700 14.20 53.90 11.10 1997 ]200 C E 1600 W 1600 12.50 56.20 10.60 1996 3500 C . 1700 . 1800 11. 40 53.10 9.30 1995 3900 C e 2000 . 1900 11. 50 5-1.70 8.60 199'1 ]000 c . lS00 . 1500 10.00 52.20 12.90 1993 3300 C .. 2000 . IBOe 10.20 54.20 9.10 Figure 6 - FDOT Historical AADT Data (Collier County Sites) Appendix V.E.1 c 14 of 24 Revised 8.12,09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL Appendix V.E.1 c 15 of 24 Revised 8.12,09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL TRAFFIC TRENDS SR 29 - BElWEEN US.1 AND CR 837 County: Station .: HIQhw.v: --, 3000 i ! 2500 l >; i ~ I -a 2000 ' ~ r ? E '500 ~ ~ .. o . m ~ . . .. 1lmE20bsefVed c();;t; L -:~i"ed C~_rv6 1000 500 +--t._-t.--/--.~._~-+--+---+-+--+-+- 2003 v.... "" 2018 2023 .. AnnUlI Trend 1ltcRM.: TrendR-.quared: rlWld Annual Hlatoric Growltt Rate: Ttwld 0r0'IIIttl1ble (200110 Oaign Year): Printed: 10 45.2% 0.89,.. 0.000/. 5.J""'" TRAFFIC TRENDS KROME AVENUE - S OF US 41/E Tamlaml Trail I IE ! .. ! ~ , " ! E . ... ~ 1??oo . o & . . .l: 5000 25000 I ~Observedc;;;;t1 _~~j_~~~~~_._J 20000 15000 2018 2023 .... 2003 200. V_ "" "AMWlITNndIncrNl.: Trend R.......: TrandAnnllalHlstoricGnlwellItlte: TrandOrowltlRMII(2OlJ7toc.sllPlV'uq: - t47 73.4% 1.38% 1.11% lNu""" Figure 8 - Growth Rate Calculation (2) Appendix V.E.1 c 16 of 24 Collier 80 SR29 AD AAD v_ -- " 1993 '300 '500 .... '200 '500 1995 '300 'SOO 1996 1500 1500 1997 1200 1500 19M 1500 1600 1999 '900 1600 2000 1900 1600 2001 1700 1600 2002 1900 1600 2003 2400 1600 2004 2000 1600 2005 1900 1600 2006 1700 1800 2007 1700 1600 200. '900 1700 20'. NlA .roo 20" NlA 1700 I 2016 NlA .700 .-.... Miami-Dade 4 KROME AVENUE 1 i v_ -- '993 6000 10900 ,... 6500 11100 '995 8400 11200 '996 10700 11400 1991 11400 11500 '9M 13300 11700 1999 15000 11800 2000 16400 12000 2001 14800 12100 2002 '2900 12300 2003 14100 12400 2004 20500 12500 2005 15100 12700 2006 '6000 12800 2007 t6100 "000 20.. NlA '3400 2013 NlA 13900 2016 NlA 14300 ...'l'..........." Revised 8,12,09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL ,~ 1'1 ! i II . I < I . . < j , . I i . < 1 ! II to II ij . 1 i . I I l ! > ! I I 4 . -- I' ~ ! ~ 111; 111aj . ,II . I J ; . , . . ! ! ! , i ~ . . Ii j . ~" . '" . . ~ . . i . ! U i i 5" ~ ~ I , . ,. - , Appendix V.E.1 c 1 7 of 24 Revised 8.12,09 Appendix V,E.1 c Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County. FL Ii! i 1 ,I , .1 , I , J . . l i , . ! , j :i!;.;t ,! .! I ! , i . i , t . i-U :!! i , . I ll-~.t; . .~ I , , I ~ 1 / , 18 of 24 Revised 8.12.09 Dade Collier Cypress Recreation Area - Traffic Impact Study Collier County, FL TRAFFIC TRHIDS T...... Tutil-... SA 29 to O~4. C~I Li.. Co,lMr 231 T RIrliTr~il aoo aoo :lOO aoo :lOO 200 200 r Ii I_c"'''''~_-' I -'"'1':':<<1 -:".",! ~ y ...,. a003 200. 200' 2... 2001 '008 200 200 200 200 200 200 200 ~ ", 8 " .. 4 ! l!oJ i! ~ ~ 100 ~ ~ '" o :~: :co,. :0': :017 :0:: '11' ;c.:-:" ::00:: :o:z - A~ Yr... *......: Tr.... A-".....,.d: T..... "'.....IIi.t_ic o.e-.t' Rate: r." Ik..-t' Ihe. ,nea t. Ih.i... Yn..l: Priat.4: . #DIVlO! 0.... 0.00% ,~ . "'.h-A4iut.. Figure 11 - Collier County 2008 AUIR Table (l)/Growth Rate Calculation (l) - Appendix V.E.1 c 19 of 24 Revised 8,12.09 MILLER~EGG Appendix V.E.lc Figure 12 Page 20 of 24 March 21, 2009 Mr. John Podczerwinsky Project Manager Collier County Transportation Planning 2885 South Horseshoe Drive Naples. Florida 34104 Re: Dade-Collier Cypress Recreation Area - Traffic Methodology ML Project No. 09-00063 Dear Mr. Podczerwinsky: j Please accept this letter as our Traffic Methodology Statement for the above-referenced project, as required by the Collier County Traffic Impact Smdy (TIS) Guidelines and Procedures. The intent of this leller is to propose a methodology memo with assumptions for preparation of a traffic impact study for this site. The paragraphs below outline the background information, assumptions. and proposed methodology for the Tmffic Impact Study. j 1 ntroductioll The Dade-Collier Park Amendment is a proposed amendment to the Collier County Growth Management Plan for +/- 1608 acres located north of U.S. Highway 41 (Tamiami Trail) at the Dade County Line. The existing site is part of the Dade-Collier Training and Transition Ai'1x>r! property owned by the Miami-Dade Aviation Department. The proposed site is south of the existing runway, and contains mostly wetlands with some excavated lakes and dirt roads constructed with the airport. The proposed park will include primitive campgrounds, an archery range. fishing (from lake banks only), and bird-walching. The trails connecting these areas will be designated for Off Highway Vehicles (OHV). bicycles. and hiking. Shtdy Area The proposed site is located on the Dade-Collier County border. Access to the proposed site will share the existing service driveway for the Dade-Collier Training and Transition Airport. The project entrance, sile area, and adjacent roadways are shown on the map on the next page. L Tamiami Trail is a two lane undivided roadway connecting Miami to Naples, and continuing north to TampalSt. Petersburg. The closesl intersection to the project site is State Road 29. approximately twenty-eight miles to the west. State Road 29 continues north to 1-75. IMP R 0 V I N G COM M U NIT I E S. eRE A TIN G EN V I RON MEN T S. 50um Rmida 0IIice: 1800 N 00ugJai ROild . Suite 200 . l'embroke PIne.. F1ori<b . 33024.3200 (9S4) 436-1000 . """: (9S4) 436-8664 wYNtmillertegg.com Appendix V.E.1c Figure 12 Page 21 of 24 Mr. John Podczerwinsky March 27. 2009 , . ,~,.". '" """"M.. R POR? ! ~.' .... . eROJECT SITE.." , , ., '----._-~ . ,,\; ~. . ' " . ~-'C--.___ --,,--~I--. '., ' , ' I . m I' "') :,. . " lJaJa Collectioll ami CO""tioll Factors The study shall use the data from the 200S Annual Update and Inventory Report (AUJR - refer to attached table) to demonstrate tbat the project will nol generate significant impacts, as defined by Section S of the TIS guid~Iines. Ol<....---- Sri oW A ., S Ib;u 'F'Oo.~c.e.., EO. ."r' I --' n.,~ (rr '" '(\<.o-:s~"_:'<" ~,~;> ?e-1""':'~' -SYtr.0,AJ6 Py1D4VW""'II.bU,....t. IF OvEIZ- z% Trip Gf/lleratioll f/.J t!!.Jl'i- ---o=n~l'-', 'r~6IJ ""'.....yu: s,-,0S"QcI"'^'~ ":I.v~). /0> The trips to/from the site sball be estimated using tbe Institute of Transportation ~ngineers (ITE) /' Trip Generation Manual. S. Edition. OY.--. s. I-I.,..J 'TIA-\? -w..'/ "T1Vo<,"F' "- (,\JOT :::T1..J So -, . E'NTE.iZ-(D</T S:lJouJ o""".-p,'LE.c.T<r'......", 0"' --rR.Jo.~''-- , ot-> ",..C1't ""> '-""'- OF 'P~~ :D~VC"'~Y.) Non-wetland areas of the park will be utilized for these activities. It is assumed that thIS area / will be 10% (maximum) of the site area. I /J<:.L.--tJJ)E. -ro.,-",- ACeGAGE- /.0 IT ~ ,,,-, -n-l E- ''P...1Z--~'' DO",vPA'L-Il'-". H>"-- TRIf: 6t;J.)~'ZA"''''^,. ,4/<<:4<;' ~>"r f ..vcLl..I:D~ "'Do ,~ TH E: , L u:=.s/W.-f;E.b Calculation will be based on Land Use Code416-County Park. 'F'A?JL.. J.\C:~ CAN 3E ,J'=bT/~ d' ,J i , . , . ~ ~'. ". '. o H \Tr G 'D~M. I~P err- Land. uSe Unit Size AM Peak Hour PM Peak Hour CQde · Rate. Enter 71% exit 290/0 Rate Enter 35% Exit 65% 416 Acres 161 0.52 60 24 0.59 33 62 Site Location Map XJ.TE:.: CfS b+AL L IC:O . "r-\'>'OL S.TVDV~ The final traffic impact study to be provided ill be classified a a minor study as oUllirJd in the ; '. Collier County TIS Guidelines and Procedures. d A"~ 'L'F+"'d? r7So = ..,. D' .":/1 It' (<;6-6 .,;>.~ If/I, ~ "I' T 15 .np /S". II on 6UI=L-'-V""~ The distribution of trips to/from the park will be delermined based on OHV title data from the - Rorida Department of Highway Safety and Motor Vehicles. Because some of the trips will begin/end in Dade County. approval from the Miami Dade Public ~orks Department will also be u'red ~T 'lH' ; 0; A ~ tILE:- -TO -n.€ A Pr:~OA<--t- I lhlT NE6DS H 0 ~ ,~FO . ~ .:"~r-L....;b '/..J-e.. "ITL-E:-AC-~lljrTY' Cj-l.......~ ~I> A?;..b U~~. -r~.E.. <7'0 \)'~""'R....'''LL)Tlo-.. ::-.~~ -.,'" :3 Cl 'l"o __ (/6"'-" OF -r><I",,"DUVe:.w;..'1/ 7(;1>/0 'E0:3>'T (THe"" 13'0.,... ~ "u~ Pass 8.. and /lltemal Captllre "'~"'^,4tt.~Y). ('Z> '8<zdu).t= 60,4 TO 5E: "'k.-To",-=-)N 4So 'J J oJ~~l-'(' 1l1is site will not utilize lrip reduction based on ntema1 and pass-by capture due 10 tbe usage and . site location. - ci. Page 2 of3 Mr. John Podczerwinsky March 27, 2009 Appendix V.E.lc Figure 12 Page 22 of 24 Gelleral Operatiollal Allalysis Requiremellts alld Sofhvare This operation analysis will be limited to the following analysis scenarios: I. Scenario 1- Existing 2. Scenario 2- Future- 5 years or less build out horizon The analysis will not include commilled trips on the roadway network based on the absence of approved but un-built surrounding developments and related vested trips, (lJ./J/.E'- S ", T/JE. Con'" J .,TGP Rips ...'ff,4c~f'ouFfP .4~ The capacity analysis software that will be used is Synchro 7. iJJG4~ -r:>t41J 0~"f:~~;s."";;:;~+ I 1~c;.A'L- Gz.c<...l--r-4. :;;"""1;: - Gf'Z-o.Vll+ ~\IOL.) If you have any questions or require addilional information, please contact me at (954) 436-7000 or at eczemieiewskitalmillerlel!l!.com. Sincerely, ,..----- ~_.-.~ Eric S. Czemiejewski, P.E. Associate, Eng:neerin~/ ,A/ .17/...... .x /,~/t/t?4/// I,}' 7 ., Julio Menache - Millian, Swain & Associales, Inc. / (;, hiC:fz-. lmJ,ury Kevin Asher - Miami-Dade County Parks & Recreation /17 James A. McCall- Miami-Dade County Parks & Recrealion , . n.E': v I c~. '~ - H6i'r'>OPDLb5-'f UJ I r H E'j" V:\Projecls\2009\09..0006J . 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Appendix V.E.lc Figure 12 Page 23 of 24 ail OFF-HIOHWAV VEHICLES TITLED FOR 2002-2008 PLAK'IING I AestN'O't DtVlSlON PARI( oVlORt!:CReATlOl'loeJ>JATl.1':tlt .ulY200T Ot'iV I.()Crfmt OOURC! o.c...mllll rlloft9mo", $arHt & MXor ~~ IOH5/101vl B ( (l \'1" r ,I - . o+~ "co . . "'. '. '" ;; i< , 'J ;,) i - D <l d 3 C;:; II 11 t 'I , unt :n 'I x ~ ;; o' ~ l I~ "Oo . . . ... . ~ ',. -. . . . : ' . .e. . . ~ ~ 1~,," 91 Legend 3'" ST OHSMV. HovMhoIds 'MlIt OHV. TIlI_.. MOe: 2002. BICY acfdlCion BIg CYIl"HS NP -.... W+E S ~. o '. 'q."\ '0 e__ evwgll~afcItiOn Walw CcnservalklftArea """", '-.3A \ " """"". smr. Partes CounfyParJls ErMrontHntd, EndMgeNd Land sc.s Ma;oI RoaIIs o 1,25 2.5 - co u ~,,~ rl 0 !~ "" I", t I>l c/.... '" '" ' . el '--.~ i " ,.-.., > 44 " , rl '..J '" 0 \ rl ~ .) , >: . / - J rl 1/ J , -, I 'M "" ~'( \ " 'Cl QJ N 1-- >:: >< -~....~ QJ oJ QJ - -- ,-1 0. 01 01 I I 0. 'M <1l <t: ~ 0. Y") VI I -- ~'I UJ ...J i I ,-j u j - I - I :c I UJ ", > '" . ',./ <D >- co I -, ~ I ~ , . ) I ...,.,~ 'x ----.. >- ......, ::r: . .-.J .... I \!J Z ; -') , - I l ~ :c :J .) --- '0 u. 0 ! ~ ! <n , ' u. U , 'F> '" " I ci >-. 0 UJ I -~, '0' o ' ~ U '0 <n III +-' 0 Z I "i __.1 0- UJ U. j I > 0 I fP. VI - I I I ~. r .- Z VI I +-' () U 0 UJ I- I c::: I .L - j LU <( f- >- G1 I . 1 , 0 I u "' M 0 , al ... M " j <( co I ... ,,' ,;; , <lJ VI '" f m ..... j Z '" ,~ - ci ". ",' , +-' <( '" M '" .... .- ~ '" ... l- f- ...' ,,' W 0 en >-. ....J '" '" ci f- rl ci rl' ..{.--J .... f- 00 C ~ " :J U APPENDIX V.E.ld DRAINAGE .-- Dade-Collier Cypress Recreation Area County Petition No. CP-2009- 1 .-- Aooendlx V.E.ld - Dralnaae Existing Conditions: The proposed Collier Cypress Recreation Area (The Project) Is located North of US 41 (Tamiami Trail) near SO-mlle bend within the 24,480 acre property known as The Dade-Collier Training and Transition Airport (TNT) property. The Project site specifically occupies approximately 1.608 acres of the TNT property within and is bounded on the north by the existing airport (Approx. 1.000 acres) that includes a maintenance trailer. a single runway. taxiways and apron and to the west by an existing access road that links Tamiami Trail to the existing airport. The project site is currently in a semi-natural state; that includes wetlands. cypress and hardwood forests. except for the presence of five man-made quarry iakes. excavated in 1968 to provide fill for construction of the airport and access road to Tamiami Trail. .-- Level of Service Standard (LOSS) Requirements: The Project is located in the Collier County - Gator Hook Strand Basin and within the Big Cypress Watershed Basin as shown in Figure 0-1. The drainage LOSS for this project must comply with the goals. objectives and policies stipulated in the Collier County Land Development Code (Chapter 6) and the Growth Management Plan (Future Land Use. Public Facilities Element-Drainage Sub- element and the Conservation & Coastal Management Elements). Further. the site is within the Big Cypress Area of Critical Concern. thus subject to review by the State of Florida Department of Community Affairs (DCA). In addition. given that the project site is greater than 40 acres and impacts existing wetlands within the Big Cypress Watershed Basin. the Big Cypress Basin Board and the South Florida Water Management (SFWMD) will have juriSdiction over review and approval of design. permitting and implementation of drainage/stormwater management systems at this site. At a minimum. the required project Drainage LOSS for the proposed development to attenuate water quality and water quantity requirements shall be as follows: Access oaved drlvewavs. oarkina areas: The minimum elevation shall be above the highest stage (elevation) derived from stage-storage computations of the 10 year-24 hour storm event using SFWMD accepted methodology. Minimum Finish Floor Elevation: The minimum lowest floor elevation for buildings/structures shall be above the established FEMA Flood Zone for the project site or the highest stage (elevation) derived from stage-storage computations of the 100 year-72 hour storm event using SFWMD accepted methodology; whichever is higher. ,.-. Dade-Collier Cypress Recreation Area Page 1 of3 Appendix V.E.ld Perimeter Gradina I Allowable Offslte Dlscharaes: .-- Perimeter grading along the project boundary shall be established at the maximum stage derived from stage-storage computations of the 25 year - 72 hour storm event using SFWMD accepted methodology. Prooosed Imorovements: The new project contemplates the following development characteristics: a. New Visitor's Center Building (approximate 2200-2400 SF) to include. Administrative area (small office room). Orientation area. Restrooms and small meeting room (with media capability for training/orientation purposes) b. New Parking Lot for 80 vehicles. c. Camping: primitive and RV (but with minimal offerings - not for extended stay/luxury RV camping) d. Fishing: piers or docks. e. Off-highway vehicle trails (stabilized trails - at grade) for Off-Highway Vehicles (OHV) f. Multi-use trails (for hikers and bikers) g. Wildlife viewing opportunities (could be a platform or overlook. or simply a cypress dome or tree island visible at a distance from trails) h. Archery Range The proposed development uplands may be concentrated along the western portions of the site in close proximity to the existing access road. Storm runoff from parking areas and other development upiands can be collected via drainage structures fitted with pollution retardant baffles and conveyed to dry retention areas for water quality attenuation per SFWMD criteria. The existing five quarry lakes were excavated in the 196O's without consideration of safety or littoral (shallow) shelf areas for fish and wildlife propagation and currently lack a littoral zone transition from the uplands to the bottom of the lakes. As part of the site improvements. the existing edge of the lakes might be improved with a shallow littoral zone to enhance fish and wildlife. In addition. the restored lakes will provide controlled surface storage capacity for storm water management. The drainage system from developed areas may be conveyed to the existing lakes after water quality requirements are achieved in dry retention areas and subsequently released through controlled means (control structures. spreader swales) in a manner similar to the natural surface flow regime of the area. There are existing trails. previously created by swamp buggies that traverse the project site primarily in an east/west direction. As part of the proposed site development. restoration/realignment of these trails. enhancement of compliant trails and modification of trails to passive uses are projected in order to increase overall compatibility with historical sheet flow patterns from the Big National Preserve to the Everglades National Park. .-- Dade-Collier Cypress Recreation Area Page 2 of 3 Appendix V.E.l d The drainage and stormwater management systems for the project will be designed considering site constraints and opportunities but in unison and compatible with environmental site assessments. development and mitigation strategies. environmental enhancements and regulatory requirements. .-- Dade-Collier Cypress Recreation Area Page 3 of 3 Appendix V.E.ld N A '~-=-,- 'r -.-J. ...- I -.,---,-,,-, , " I ( o ',i.. t~]=-~ ~'Y ::>, -;=---'T--,-) 1.:/::o::':~~ __j~, j {- -=m;; ,__ -_ ~;J,:j Fe ~ci~;;:'llr .~:I~~?-~_-=- 'j . 2'~"')'B'jb-'>' - i '---l~~-~ . --- :i :~!_~t:<';i~~c~L~. , it~~C:'":~,i~~ 11'-.- rJ'~~"": '0 '--'\,-f~=-~--),.; -"'p,<~ 'v . I', '0 ~ '4- GULF OF MEXICO Legend c:::=:::z Collier County Boundary c::= Miami-Dade County Boundary ~ Main Roads Everglades Nafl Pari< _ Big Cypr86$ DralRllge Baalna Barron River Canal Basin - Cocohalchee River Canal BasIn _:-: - Faka.Unlon Canal Basin Fakahatchee Strand Basin Gateway Triangle Basin = Gator Hook Strand Basin Gordon River EKtenslon Basin Henderson Creek Basin L.28 Tieback Basin Lely Canal Basin Lely Manor Canal Basin Main Golden Gate Canal BasIn Palm Street Basin Rock Creek Basin Southern Coastal Basin Turner River Canal Basin I I I , .. Everglades.Naticinal Pam 1 I _..In..... MSA COLLIER COUNTY DRAINAGE BASIN MAP APPENDIX V.E.1d FIGURE 0-1 Milian, Swain & A5'SOwtes, lnc. ,.- APPENDIX V.E.le SOLID WASTE ,-.. ,-.. Dade-Collier Cypress Recreation Area County Petition No. CP-2009-1 Aooendlx V.E.le- Solid Waste Existing Level of Service Standard (LOSS): The Collier County Growth Management Plan - Public Facilities Element (Solid Waste Sub-element) and section 6.02.08 of the Collier County Land development Code has established the following Solid Waste Facility Level of Service requirements: a. The LOSS for capital solid waste disposal facilities is 2 years of constructed lined cell capacity at the average disposal rate for the previous five (5) years. and 10 years of permittable landfill capacity at the average disposal rate for the previous five (5) years. b. The determination of publiC facility adequacy for solid waste disposal facilities shall be based on the following: 1. The required public facilities are in place at the time a final site development plan. final subdivision plat. or building permit is issued. 2. The required public facilities are under construction at the time a final site development plan. final subdivision plat. or building permit is issued. 3. The required publiC facilities are guaranteed in an enforceable development agreement that includes the provisions of subsections 1. and 2. above. .-- Existing Collier County facilities include two franchise collection areas and three recycling centers. as follows: a. Naples Recycling Center b. Marco Recycling Center c. Carnestown Recycling Center d. Unincorporated County Service Area and Immokalee Transfer Station e. Collier County Landfill Prooosed Imorovements: The proposed Dade-Collier Cypress Recreation Area (The Project) contemplates the following development characteristics: a. New Visitor's Center Building (approximate 2200-2400 SF) to include. Administrative area (small office room). Orientation area. Restrooms and small meeting room (with media capability for training/orientation purposes) b. New Parking Lot for 80 vehicles. c. Camping: primitive and RV (but with minimal offerings) d. Fishing: piers or docks. e. Off-highway vehicle trails (at grade) for Off-Highway Vehicles (OHV) use. f. Multi-use trails (for hikers and bikers) g. Wildlife viewing opportunities (could be a piatform or overlook) h. Archery Range. .-- Dade-Collier Cypress Recreation Area Page 1 of 2 Appendix V.E.l e - Per Appendix V.D.5b. it is estimated that approximately 14.300 people will visit the site on a yearly basis. Using the EPA's daily average solid waste production rate of 4.6 Ibs per person. the waste production at the Dade-Collier Cypress Recreation Area is calculated as follows: 14.300 people per year / 365 days per year = :1:40 people per day 40 people per day x 4.6 Ibs per person per day = 184 Ibs per day = 36 tons per year The closest waste recycling facility to the project site is the Carnestown Recycling Center (facility) located on US-41 in Everglades City. However. after discussions with the Collier County Solid Waste Management Department (CCSWMD). it was determined that this facility does not have the capacity to service the project site. Therefore. two other facilities were identified for waste disposai: the Collier County Landfill and the Immokalee Transfer Station. shown on Figure E-l. It is projected that approximately 184 Ibs of solid waste will be produced daily at the project site. Given the remoteness of the proposed development. the CCSWMD indicated it is outside of the collection routes performed by both the City and/or County. Therefore. it is anticipated that collection and disposal of solid waste and recyclables generated from proposed development activities will be conducted by an approved private solid waste hauler under contract with the property owner. .-- .-- Dade-Collier Cypress Recreation Area Page 2 of 2 Appendix V.E.' e A. Naples Recycling Center 2640 West Enterprise Blvd Naples, FL 34104 D. Immokalee Transfer Station 700 Stockade Rd Immokalee, FL 34142 B. Marco Island Recycling Center 990 Chalmers Drive Marco Island, FL 34145 E. Collier County Landfill 3730 White Lake Blvd. Naples. FL 34116 C. Carnestown Recycling Center East US 41 and State Rd 29 Everglades City, FL 34139 - COLLIER COUNTY SOLID WASTE MANAGEMENT FACILITIES APPENDIX V.E.1e - FIGURE E-1 .- APPENDIX V.E.2 EXISTING SERVICES AND PUBLIC FACILITIES - - - .-- I.... . I I ! Ii' ;.' .. . ";... ' i . ., il,111 " 'I . i ", I I' I' ~ I.I~ I i I III, I i~ : u 1I1111ll!ii iidlililll' i . : . ... I ; i ... . UI ; ! = ~ "- ~ i ;; ~I c !!! ...;: 1&1 f I a:: I = " ... I = ! M M N M ;; . . M ~ I . 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I a1 ' ,.;: .L-l ~ "" /;..Jr..... :t' ), \~} ....-., - ~ w >11) ><w -0:: c:>> z~ w- 0.L1. 0. c( I I " ~~ i!' I <! c 8 c g ,Q ;; i: ~ n; Iii " ! ." Vi Ul >, i!' i!' ~\ c: '" f! i! .. " u: u: " u: .l'J .. ~, Ol & '" " F .. >~ :l: E " ..J a 0 ~ Q. ;g ;;; 0 '," " ~ z. fi ,:~ :< ~ u w a. 0 i I 41 41 0 11 _-1 ;~ .1 . }' ,. ," :-:~I:-. , ..' II:; ~ . - . :: ",'1-"::---1 ~I ' ) c: i. .Jt"" o .', '>l}:'~, , <': :; . i"' " en _ ., : ., " ai i G) >, _J. :; <I: I:"{ . ""', C1.... I' ". ,", =- ~! '1, c~ . - " 0:::1 -;...1 :em ,..:;~.... '.J s_ ,:-;'!">- .1 rn 0 ;. .~'.... '.j, DIe:. It;- . ~ F 1 '.- ,.~ '1'= :~~ i' :s ~' .:" , .' 1'\ 'III:: ..\ "'W i"'~,:"", ;' :\\ -'. -,>" c~, ,~.. " !-.",---,\,;\,lU,~ i-k~' ~".: :;~ .' ~" c .' ,,,v ~ -J -:~ .-;:' :7' '\ ,',~,:~':' "',.;:~.~~;~ '-~~"~~'''~~ .i~>_'\'" !-,,""'.\'_" ,'c; / '. .,"'1\~~..,* .'~ ,-,'~,:\,;"~~>'" .,.! ',.'.. . ""'w,,, "~"'" " "'-".' (1.. Q) :t:: (/) - u Q) '0' .. 0. n ,-,' CL LL a: 5 <! '" 8 N .; U ~ ;3 " (__.i -, L. <t c o i~ iii'in ~-g ...!!! ~ VI 0- Q... e.c ..- ....'5 "t: ..0 ~~ Q. 2 "- (.:' ,,2:: 0; ~ 5 Ul j--- en >( I;' ~,' (j,J /~ '~ ",4 " , , ~/ f-- ~) 'I J , ,'-''(' ;J G . , u c , , " g .' -' ". , 2008 OCHOPEE EXISTING FIRE STATION (LOS:4 MINUTE RESPONSE TIME 11.5 MILE RADIUS) r_ Xi ~ J"-' " ~. . ;:]1' '" "1 ....,;f~1.: .: ,,.,:;. .,1 "1:"- .: . ~ i EVERGLADES V \' -~. ' ,..../n~l.O'5 ~,:;; t ';;.':"'!:::'~I'~",o ~'......__ "'''6 - ""~'"-~~~~ / T. t " _ ~ ri;/J ~~~-. ~ "'-.. ---,"-"'-.q~~ ITV .!,L; L .-.",' f~ PlANl"ATION P~WV '.' f:1 " ,i~]. :_: : j ~ ~:'~ '--.....,,# Legend III Existing Fife Station Co.., ~""4o <L-~ Roads Structures Within OChopee Fire District l. STRUCTURES WITHIN ISO RESPONSE TIME VS. OUTSIDE WITH EXISTING STATION r---l I I Miles o 0,25 0.5 1 GIS t.A8ppit'lg: BethYlIng F~. Z:/GISlDala Reque5ll'Clchop.eeFileBuildlngs2008.lTDld CHOKOLOSKEE .'~ . :~~?i.t. S-if;~-:" ~;. '1 Source: Collier Co. 2008 AUJR APPENDIX V.E.2 FIGURE 6 en CI> .- '- ca 'C C ~ o OJ - u .- '- - en .- C CI> u it: o en 5:: .- '- CI> .c UJ ~ c ~ o (J '- CI> .- - - o (J 0)"' "' t)(i; :0;"" ",0 15! .-- l!l <C .,.Ji u<v ~8 o~ a; "C 8 -lJ)- ~"' ug. SZ V> ~ ot o z I Of; - Q) "OV :5~ </'. ~ 15'" ti'i '" ('.I ro u~ <= C r,;1lJ ._ "C 0- l5 V> M'" uo. E~ V> 00; IV w , .....- '" N ~ iii ~ :> ,... .; >< w u - 0::: ,~ C =>> ;3 Z C) w- iIi ~ LI. ~ ~ ~ <( .Sl in -g '2 a. Q) o IE o '" = 'C Q) .r:; rJl - APPENDIX V.E.3 PROPOSED SERVICES AND PUBLIC FACILITIES - .?-. Dade-Collier Cypress Recreation Area .-- County Petition No. CP-20Q9-1 Aooendlx V.E.3 - Prooosed Services and Public Facilities Collier County offers multiple public facilities and public buildings, mainly throughout the more developed areas. Please refer to Appendix V.E.2 - Figure 1 for a location of all these public facilities. This map was obtained from the Collier County GIS/CAD Mapping Section, and represents all the public facilities in Collier County as of April 2009. Prooosed Imorovements: The proposed Dade-Collier Cypress Recreation Area (The Project) contempiates the following development characteristics: a. New Visitor's Center Building (approximate 2200-2400 SF) to include, Administrative area (small office room), Orientation area, Restrooms and small meeting room (with media capability for training/orientation purposes) b. New Parking Lot for 80 vehicles. c. Camping: primitive and RV (but with minimal offerings) d. Fishing: piers or docks. e. Off-highway vehicle trails (at grade) for Off-Highway Vehicles (OHV) use. f. Multi-use trails (for hikers and bikers) g. Wildlife viewing opportunities (could be a platform or overlook) h. Archery Range. ~ The proposed improvements will require the services of local emergency medical stations, fire protection and law enforcement. A description of each of these is provided below. The project site will not have an impact on local schools, as Is not proposed for residential use. Emeraencv Medical Services: The proposed Dade-Collier Cypress Recreation Area is located under the EMS 60/61 Zone, which encompasses most of the eastern portion of Collier County, as shown on Figure 2 of Appendix V.E.2. In addition, Figure 3 of Appendix V.E.2 shows the location of all EMS Stations in Collier County. The closest station is located approximately 50 miles from the project site, in Everglades City. Therefore, the proposed development will be serviced by Collier County's EMS Station No. 61. located at 201 Buckner Avenue in Everglades City. The current LOS for EMS services as specified under the 2008 AUIR is for 8 minutes travel time for urban areas and 12 minutes travel time for rural areas 90% of the time, requiring 1 unit for 16.400 people. Since the proposed development expects an overage of 14,300 people per year, the impact on the overall EMS Plan would be minimal. with a maximum of one additional unit for the EMS 60/61 zone. Fire Protection The proposed development Is located within the OChopee Fire District Boundary, as shown on Figure 4 of Appendix V.E.2. Furthermore, Figure 5 of Appendix V.E.2 shows the location of all existing and proposed fire stations within the district. Ochopee's Fire Station No. 60, iacated at 201 Buckner Avenue in Everglades City, is the closest (50 Dade-Collier Cypress Recreation Area Page 1 of 2 Appendix V.E.3 miles) fire station to the project site. The current LOS for this facility is 4 minutes per 1.5 mile radius as depicted in Figure 6 of Appendix V.E.2. - Law Enforcement The project site is located within the Collier County Sheriff's Office District 7 (Everglades). as shown on Figure 7 of Appendix V.E.2. The closest Sheriff's Station is located at 32020 Tamiami Trail East in Ochopee, approximately 43 miles from the site, near the intersection of Tamiami Trail and CR-29. Please see Appendix V.E.2 - Figure 7 for graphic reference. As stated on the 2008 AUIR. the LOS for Law Enforcement is 1.96 officers per 1,000 people. There are no major impacts expected from the proposed development to the current Law Enforcement LOS. -, ~ Dade-Collier Cypress Recreation Area Page 2 of 2 Appendix V.E.3 APPENDIX V.F.l FEMA FLOOD ZONES - V~. , -c. ;Y-"-'-.'~----':""--- ,~;/ -~---: '-0" "'\. ._'C. 'Z.~~ ~-- ", ,_.....:~_---c,...- r:.~~=~i-=~~~~:=-') ! -=~\ !",~~ "d9,p"i='"' . \~,'--== ~,"c~'="; ~, . I ifj;11~111=--~- '~ildP 'C~ -f~.'2Ii~___{ -,............--: ::::i:-:-::--:j~ - --,-~- , ~' -~L~;cl---' 1 GULF OF MEXICO " -.- - Legend ====:II Collier County Boundary c:=::s Mlaml.Dade County Boundary ~---- Main Roads Everglades Nefl Park FEMA Flood Zone AE - Base Flood Elevations Detennined D . Areas in which flood hazards are undelennined VE ~ Coastal Flood areas with velocity hazard X . Areas of 1 OO-year & 500-year floods X500 - Areas outside the SOG-year floodplain ~ W+E S Everglades National Park MSA FEMA FLOOD ZONES l'IlIl~r..$....';\jli&-^<\.{.rlu~,_f".. Appendix V.F.1 -- APPENDIX V.F.2a PROPOSED WELLFIELDS AND ASR - ,- - COLLIER COUNTY WELLHEAD PROTECTION AREAS, PROPOSED WELLFIELDS AND ASRs CR 846 PROPOSED NORTHEAST REGIONAL WATER TREATMENT PLANT PHASE lA WELlflELD AREA ORANGE TREE WELlFIELD - CARICA ROAD "R CR 858 CR ;; "' " ;;; on ~ CITY OF NAPLES COASTAL RIDGE WELlFIELD IN OPERATION FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN '\GATE WATER TREATMENT PLANT VvtLLFIELO ;n ~ 5 SOUTH HAWTHORN WEllFIELO EXTENSION (UNDER CONSTRUCTION, FALL 08 COl.4PlETION) o > ~ en "' w o << ~ " C< w > w (.) SCALE , 0 '"I * MANATEE ROAD ASR "s ., ;n ~ C< "' At.AENDEO SEPTEt..48ER 10. 2003 Ord No 200J-44 RELIABILITY WELLS (BRACKISH OR FRESH WATER) M,lENDEO - JANUARY 25. 2007 Qrd. No. 2007-18 ~ m * At.4ENQEQ-DECEt..4BER4.2007 Ofd No 2007-82 WEllFIELD AREA ASR "" AQUIFER STORAGE AND RECOVERY ,- PREPARED BY: (;I1APHICS AND TECHNICAL SUPPORT SECTION COMIllUNITV D[\I(lOPl,lENT AND OlVlRQNI.CEN1.o.L SERVICES ~"'SION SOORCE. COlliER COUNTY POlLUTION CONrRDt AND PREVENTION OtPT DATE: 12}2oo7 FlLE,\lFPZR12-Z007-10WG IMMOKALEE WElLFIELD CR 846 AYE MARIA /WELLFIELD CITY OF NAPLES EAST GOLDEN GATE WELLFIELD ~ N QO "' I 75 EVERGLADES CITy WELLFIELD Us 4, Appendix V.F.2a .-.. APPENDIX V.F.2b 10- YEAR WATER SUPPLY EXISTING AND PLANNED WELLFIELDS - - .-- . r \ ~ell . .... 1 otJ;CH"oi""""'J ~ ;0, I' blob I ~ . ~ ~ & NCRWTP ,- ~&. · ~ . . ..-.l.[7"!-----"'- :. . .~ I ,,5) LEE CO COL.UtR CO " ~ ~ (CRMe) ...o,pLrS-Ij,j~OI'</, ROAD . < " . 1 ~ . . . ~ " 'n - ALU,~ATO!l At I~Y (Sll 64; " , f'! 'J o 1.5 ~- SCALE IN 3 , MILES LEGEND [lUSTING Iil:A. WATER TltAHSMlSS10N LINES PLANNEO RAW WATER TRANSMISSION LINES EXISTING WELLS . PLANNED WELLS POTENTIAL FUTUM: WElLnELD AREA // GU 1 COLLIER COUNTY la-YEAR WATER SUPPLY FACIL TIES WORK PLAN EXISTING AND PLANNED CCWSD WELLFlELDS AND RAW WATER TRANSMISSION MAINS ,- Appendix V.F.2b ,--. APPENDIX V.G.4 OWNERSHIP AND ENCUMBRANCE REPORT ,.... r- ., land/llmerlccl _ tIlmmonweallh Appendix V.G.4 - Hemisphere Title Company 6135 N.W. 167th St" Suite E-16 Miami, FL 33015 305-558-8628 305-558-2269 Commonwealth Land Title Insurance Company OWNERSHIP AND ENCUMBRANCE REPORT Order No.: 1974B85 This will serve to certify that Commonwealth Land Title Insurance Company has caused to be made a search of the Public Records of County, Florida, ("public Records") as contained in the office of the Clerk of the Circuit Court of said County, from January 01, 1925, through September 04, 2007, at B:OO a.m" as to the following described real property lying and being In the aforesaid County, to-wit: All of Sections 21, 22, 23, 24, 25, 26, 27, 28, South 1/2 of 29, North 1/2 of 32, all of Sections :33,34,35, and 36, Township 52 South, Range 34 East, Collier County, Florida; and, all of Sections 1, 2, 3, 4, South 1/2 of 5, North 1/2 of 8, all of Sections 8, 9, 10, 11, 12, 13, 14, IS, 16, Township 53, Range 34 East, Collier County, Florida, As of the effective date or this Report the apparent record Fee Simple title owner(s) to the above described real property Is/are: Dade County, a political subdivision' of the State of Florida, by virtue of Eminent Domain Proceedings filed In the Circuit Court of Collier County, Florida, In Case No. 315-1968, with Final Judgments recorded In Official Records Book 296, page 1, Official Records Book 30B, page 227, OffiCial Records Book 308, page 247, Official Records Book 774, page 69, and Official Records Book B03, page 1194, Public Records 'of Collier County, Florida, together with additional Final Judgments filed within Case No. 315-i968 but not recorded In the Official Records of Collier County, Florida. The following liens against the said real property recorded In the aforesaid Public Records have been found: 1. Ownership of oil, gas and minerai rights of Sections 21,22,23, 24, 25, 25, 27, 28, S1/2 29, Nl/2 32, 33, 34, 35, and 36, Township 52 South, Range 34 East are as follows: Marguerite R. Collier, Barron Collier, III, Lamar Gable, Frances G. V1l1ere, Phyllis G. Doane, Donna G. Keller, and Oleum Corporation, now known as Collier Land and Cattle Corporation have an Interest In the following: 1/2 Interest In oil, gas and minerai rights by virtue of reservation contained In Deed recorded In O,R. Book 54, page 286 .and Oil, Gas and Minerai Deeds recorded In O.R. Book 160, page 11, O,R, Book 177, page 305, O.R. Book B84, page 1555, O.R, Book 949, page 367, O.R. Book 979, page 459, O.R. Book 1282, page 70, O.R. Book 1413, page 945, O,R, Book 1413, page 1078, O.R. Book 14B2, page 798, O.R. Book 1838, page 800 and O.R. Book 1900, page 172. OwnershIp and Encumbrance Report Page 1 of 3 Order No.: 1974885 Appendix V.GA Steven P. Kushner, Successor Trustee hasthe following Interest: 1/4 Interest In 011, gas and minerai rights by virtue of Quit Claim Deed recorded In O.R. Book 173, page 530, Assignment and Quit Claim of Powers recorded in O.R. Book 188, page 554, (Death Certificate recorded in O.R, Book 1169, page 1058 and O,R. Book 1334, page 895) Assignment and Quit Claim of powers recorded In O.R. Book 1169, page 1059, O.R. 1172, page 2323, and O.R. Book 1186, page 1207, Assignment and Quit Claim of Powers recorded In O.R. Book 1381, page 1724. NOTE: Security Agreement recorded in O.R. Book 1381, page 1727 and UCC recorded In O.R. Book 1381, page 1731. Dade County has the remainder In these sections by Eminent Domain Proceedings. 2. Ownership of 011, gas and minerai rights of Sections 2, 4, N 1/2 8, 10, 12, 14, and 16, Township 53 South, Range 34 East are as follows: Marguerite R. Collier, Barron Collier, 1II, Lamar Gable, Frances G. Villere, Phyllis G. Doane, Donna G. Keller, and Oleum Corporation, now known as Collier Land and Cattle Corporation have an Interest in the following: All 011, gas and minerai rights by virtue of reservations contained In Deed recorded In Deed Book 30, page 106 as to Sections 2, 4, B, 10, 12, and 14, and Deed Book 30, page 113 as to Section 16, and Oil, Gas and Minerai Deeds recorded In O.R. 51, page 77,O.R. Book 160, page 11, O.R. 177, page 305, O.R. Book 160, page 43, a.R. 177, page 312, O.R. Book 884, page 1555, O,R. Book 949, page 367, O.R. Book 979, page 459, O.R. Book 1282, page 70, O.R. Book 1413, page 945, O.R. Book 1413, page 1078, O.R. Book 1482, page 798, O,R. Book 1B3B, page 800 and O.R. Book 1900, page 172. 3. ownership of 011, gas and minerai rights of Sections 1, 3, S 1/2 5, 9, 11, 13, and 15, Township 53 South, Range 34 East Is as follows: Dade County has ownership of oil, gas and minerals by reason of Eminent Domain Proceedings and Final Judgments recorded In O.R. Book 731, page 1840, O.R. Book 744, page 770 through 773, O.R. Book 755, page 222 through 225, O,R. Book 758, page 272 through 275, O.R. Book 761, page 441, O.R. Book 772, page 117 and O.R. Book 788, page 1310 through 1312. NOTE: There may be additional Final Judgments for possession as to oil, gas and minerai rights that have been flied In the Eminent Domain Proceedings Circuit Court Case No. 315-1968, Collier County, Florida, or In the Dade County proceedings that have not been recorded In the Official Records of Collier County, Florida. Public Records shall be defined herein as those records currently established under the Florida Statutes for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. Page 2 of 3 ownershIp and Encumbrance Report Order No.: 1974885 Appendix V.G.4 This Repart shaws .only matters dlsclesed In the aforesaid Public Records, and It does not purport to Insure .or guarantee the validity .or sufficiency .of any documents noted herein; ner have the contents of any such decuments been exa.mlned far references te other liens .or encumbrances. This Repart Is net te be construed as an .opinion, warranty, .or guarantee .of title, or as a title Insurance policy; and Its effective date shall be the date above specified through which the Public Records were searched. This Report Is being provided for the use and benefit of the Certified Party only, and It may not be used .or relied upan by any other party. This Report may not be used by a Commonwealth Land Title Insurance Cempany agent for the purpose of Issuing a Commonwealth Land Title Insurance Company title Insurance commitment or policy. In accordance with Florida Statutes Section 627.7843 the liability Commonwealth Land Title Insurance Company may sustain for prevldlng Incorrect infermatlon In this Repert shall be . the actual loss or damage of the Certified Party named above up to a maximum amount of $1,000.00. . IN WITNESS WHEREOF, Commonwealth Land Title Insurance Cempany has caused this Repert te be Issued In accordance with Its By-Laws. Commonwealth Land Title Insurance Company Ownership and Encumbrance Report Page 30f3 1ft., landAmerlClf _ Commonweallh Appendix V.G.4 Hemisphere Title Company 6135 N,W. 167th St., Suite E-16 Miami, FL 33015 305-558-8628 305-558-2269 Commonwealth Land Title Insurance Company OWNERSHIP AND ENCUMBRANCE REPORT Order No.: 1974885 This will serve to certify that Commonwealth Land Title Insurance Company has cauSed to be made a search of the Pul>lIc Records of County, Florida, ("Pul>lIc Records") as contained in the office of the Clerk of the Circuit Court of said County, from January 01, 1925, through Septeml>er 27,2007, at 8:00 a.m., as to the following described real property lying and being In the aforesaid County, to-wit: Parcell: All of Sections 19, 29, 30, 31, 32; the Southwest 1/4 and the South 1/2 of the Southeast 1/4 of Section 20, Township 52 South, Range 35 East, Miami-Dade County, Florida; and, all of Sections 5, 6, 7, 8 Less and Except the West 1/2 of the Southeast 1/4 of said Section 8; 17, 18, Township 53 South, Range 35 East, Miami-Dade County, Florida. Parcel 2: The West 1/2 of the Southeast 1/4 of Section 8, Township 53 South, Range 35 East, Mlami- Dade County, florida. As of the effective date of this Report the apparent record Fee Simple title owner(s) to the above described real property Is/are: DADE COUNTY, A Political Sul>dlvlsion of the State of Florida, I>y its BOARD OF COUNTY COMMISSIONERS, acting as DADE COUNTY PORT AUTHORITY, by Order of Taking recorded In Official Records Book 6126, Page 248, Public Records of Miami-Dade County, Florida, as to PARCEL 1. The United State of America, by Quit Claim Deed recorded In OR Book 10666, Page 1786, Public Records of Miami-Dade County, Florida, as to PARCEL 2, The following liens against the said real property recorded In the aforesaid Pul>llc Records have been found: 1. Reservation of a 1/2 Interest In all oil, gas and other minerals as set out In Warranty Deed recorded In Deed Book 4121, Page 35, Pul>IIc Records of Miami-Dade County, Florida, 2. Reservation of one-fourth Interest in and to 011, gas and minerai rights as set out In Warranty Deed recorded in OR Book 1048, Page 26, Pul>IIc Records of Miami-Dade County, Florida. Ownership and Encumbrance Report Page 1 of 2 Order No.: 1974885 Appendix V.G.4 3. Subject to that certain Quit Claim Deed for Minerai Rights and Royalty Transfer recorded In OR Book 23016, Page 56'1 and OR Book 23016, Page 566, Public Records of Mlaml- Dade County, Florida. .. 4. Subject to that certain conveyance 'of minerai Interests by Personal Representative's Deeds recorded In OR Book 14243, Page 176, and OR Book 14243, Page 179, Public Records of Miami-Dade County, Florida. 5. 011, Gas and Minerai Lease by Dade County, as "Lessor" and Hughes & Hughes, a general partnership, as 'lessee" recorded in OR Book 11668, Page 1358, Public Records of Miami-Dade County, Florida. . Public Records shall be defined herein as those records currently established under the Florida Statutes for the purpose of Imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. This Report shows only matters disclosed In the aforesaid Publlc'Records, and It does not purport to Insure or guarantee the validity or sufficiency of any documents noted herein; nor have the contents of any such documents been examined for references to other liens or encumbrances. This Report Is not to be construed as an opinion, warranty, or guarantee of title, or as a title Insurance policy; and its effective date shall be the date above specified through which the Public Records were searched. This Report is being provided for the use and benefit of the Certified Party only, and It may not be used or relied upon by any other party. This Report may not be used by a Commonwealth Land Title Insurance Company agent for the purpose of Issuing a Commonwealth Land Title Insurance Company title Insurance commitment or policy. In accordance with Florida Statutes Section 627,7843 the liability Commonwealth Land Title Insurance Company may sustain for providing Incorrect Information In this Report shall be' the actual loss ot damage of the Certified Party named above up to a maximum amount of $1,000,00. IN WITNESS WHEREOF, Commonwealth Land Title Insurance Company has caused this Report to be Issued In accordance with Its By-Laws. Commonwealth Land Title Insurance Company Ownership and Encumbrance Report Page 2 of 2 Appendix V.GA My Home M'A~,'D .; ~ l;:7 i; ttil~1'il:lJ:fPXJ tFoUo No.: IPropelly: !M.lrlng Address: Property I ntonn.t1on Report Sum",.ry Details: ~251g.000.0010 ~ Prlmlry Zone: 8800 UNZONED CLUC: 0080 VACANT LAND. GOVERNMENTAL BedtiSathl; IlIO Floc,.: 0 . IvInQUnlls: 0 IAdI Sq Fool.ge: 0 LolSlze: 640 ACRES Y,.r Built 0 Legel Deacrlption: 19:52 35640AC ALL OF SEC/AKA PARCELS 1-19THRU 57.191.0T SIZE IRREGUl.AA MIAMI DADE COUNlY AVIATION DEPARTMENT PO BOX511207S MIAMI FL 33159-207' Property Infonnlllon: Sale Infonnaflon: ~ ~I. OIR: r. Date: SlIe Amount: d: Year: 2007 2006 land Value: $128,000 $128,000 BuMdlng V.lue: $0 10 Markel Value: $12',000 $128,000 Aasen.d V.lue: $128,000 $128,000 Total ExemptloJll: $128,000 $128,000 Taxable Value: $0 $0 Asse.sment Information: {QQ,.e windOW] {Click here to Prlnll This report was created on 10/1912007 9:J8:14 AM ror reference purposes onl:/, Web SUe @2oo2 Miami-Dade County. All rights reserved. Property Jnfonnation Report CGiS'"' 1 V.I. .II Appendix V.G.4 My Home MIAMI'!) .- -;j}hliirtibl.~ Property Information Raport Sumlll8ry D_'.: Folio No.: Prope : MaIIng Add,...: TIITF/FEDERAL GOVERNMENT BIG CYPRESS NAn PRESERVE 3900 COMMOHWEAL TH BLVD TALLAHASSEE FL 32399. PrImon/ Zono: 8lIOO UNZONED ClUC: 0080 VACANT LAND- GOVERNMENTAL BI~.tha: 010 FIoon: 0 lMng UnI\s: 0 IAdI Sq Foolaae: 0 lot Size: 840 ACRES Y..r BuIt: 0 legal O.~rlptlon: 20 62 35640 N:. ALL OF SEe IAKA PARCel '-20 THRU 19-20 LOT SIZE IRREGUlAR PIOptrly tnronnol'on' 8...,0.......0.: i~~R: ~o.~' Be~ Amount: I: ==i Vear: 2007 2008 Land Value: $128,000 $128,000 Building V.lue; $0 $0 Market Value: $128,000 $128,000 __lIeklo: $128,000 $12"000 Total EnmDIlon.: $121.000 $128.000 Tauble VahHI: $0 $0 As.......nl ,.larmotlon: ~.e windovtl [Click hlWlto Prlnll This report was creeted on 1011912007 9:38:31 AM for refere.ce purposes onl'l. Web SlIa C 2002 Miami-Dade County, All rights resarved. - Appendix V.GA My Home MIAMI.D j irl:1 if rti!:1itdJjJ!XJ Property Infonnalion Report Summary Details: ~ folio No.; Pro Illy: MalUng Addrns: MIAMI DADE COUNTY AVIATION DEPARTMENT PO BOX 592075 MIAMI FL 331511-2075 Property InlonnaUon' Primary Zone: 8900 UNZONEO ClUC. 0080 VACN!T lAND. GOVERNMENTAL BedsIBaU1s: 0/0 Floors: 0 llYlng Units: Ad) Sq FootaDe: 0 Lot Size: ...." ACRES Vear Built: legll QuctlpUon: 295235640 AC ALL OF SEe IAKA PARCELS '~29 THRU 87.291 LOT SIZE IRREGULAR Sale Information: ~ r.1e ClR: sale Date: Site Amounl: J: Yelr: 2007 2006 l.nd Value: $121,000 $128.000 Building Value: $0 $0 Market Vllue: $121.000 $128,000 Aaaesaed Value: $128.000 $128,000 Total Exemptions: $128,000 $128,000 Taxabte V.tue: $0 $0 Assesament Information: ~se window] [l;.Iil<k hare lo1!rlntl J This report was created on 10/19f2007 9:44:19 AM for reference purposes only. Web Site @2OO2 Miami,Dade County, All rights reserved, Property Infonnalion Report rage 1 V1 1 Appendix V,G.4 My Home MIA~I'D :iil1:7;;it;1:1.f~ FoIo No.: Properly: Ueiling Add....s: Property Intonaetlon Report Summery Oe18I1.: Pl"frMrYZone: 8IlOO UNZONED OI.UO: 1108O VN:ANT LAN!).. GOVERNMENTAL &.dalBlilh.: 0/0 Floo,.: 0 . l.Mna Un": 0 Ad] S. Foolege: 0 Lot SIn: 840 ACRES ear Built: 0 legel Deacrfpllon: 30 S1.35 840 /IC ALL OF see/AKA PARCELS 1...3Q THAU 4$.30 LOT SIZE IRREGULAR MIAMI OADE COUNlY AVIATION DEPARlMENT PO BOX 59207$ MIAMI Fl 3315/1.2015 Prop.rty 1010.....1100: S.lelnlonnellon: ~ ~IeOlR: Sallo-le: Ie Amount ~. lYear: 2007 2006 land Value: $128._ $128,000 Building Value: $0 $0 Markel Value: $128._ $128,000 "'na.ed Vatue: $128,_ $128,000 Total Exemptions: $128,000 $128,000 T .Kable Value: $0 $0 A..n....nt Informotlon: ~"e window] [Click here to Printl :. This report was cr.aled on 10/1912007 9:38:591W1 for reference purposes only. Web SUe Cl2002 Miami-Dade County. All rights reserved, Appendix V.GA My Home MIAMI.ED iill=liiitil:?if~ Property Infonnetlon Report Summary Details: ~ Folio No.: Pro erty: Melting Addreu: MIAMI DADE COUNTY AVIATION DEPARTMENT PO BOX 592015 MIAMI FL 33159-2015 Prop.rty Infonn.llon: P,lmary Zone: 8900 UNZONED CLUe: 0080 VN;Nf[ LAND- GOVERNMENTAL Bedal8lths: 0/0 Floors: 0 UvJng Unlt$: 0 AdJ Sq Footage: 0 Lot SIze: 8<<J ACRES Year Built 0 teU.' Description; 31 ~2 35 640 AC ALL OF SEe IAKA PARCELS 1-31 THRU 23-31/1.OT SIZE IRREGlJLAR Sale Informallon: ~ j""IOO/R; &II. 0.1.: Sel_ Amount I: Yeal: 2001 2006 Land V.lue; $128,000 $120,000 BuDding Value: $0 $0 Merket V.kn: $128,000 $128,000 As.used Value: $12B,ooo $128,000 T01l1 exemptions: $128,000 $128,000 Texable Value: $0 $0 Assessment Information: [klQ!le window] [Click here to Prlntl This report was created on 10/19f2007 9:39:19 AM for reference purposes onl.(. Web Site C 2002 Mlemi-Oade County, All rights reserved. Property Infonnation Report 1 AS"" .. va . Appendix V.G.4 My Home MIAMID .;;tI:7i;itikl.t~ Property Infonnlltlon Report Summlll'Y De18I1.: Folio No.: Pr . : MlDIng Addre..: DADE COUNTY. PORT AUTHORITY PO BOX !!II-2075 fW,F MIAMI FLA 33158- Prillli,v z.on.: 8800 UNZOHED CLUC: 0080 VN;AI(r LAND- GOVERNMENTAL Bedl/8tllh.: 0/0 Floors: 0 . ~un..: 0 FGohlae: 0 Lot SIze: lI<lO ACRES Velf Bubt: 0 Legal O..erlpUon: 32 52 35 640 All ALL OF SEC IA'M PARCELS 1~ THRU 68-321 LOT SIZE IRREGULAR Property lnfonnetlon: SII.lnformallon: ~ ~~aR: ~0lI'" &1. Amo~t I: tv..r: 2IlOT 2006 Land Value: . $126.000 $126,000 BuIldIng V81ue: $0 $0 Market Value; $128,000 $126.000 IA-.,uud Value: $128,001I $128,000 Totll Eumottons: $128,000 $128,000 Tuabkt Value: $0 $0 AII...mant Information: I~.e window! [Click hUll to Print! . ~ This report was created on 1'011912007 9:39:45 AM for reference purposes only. Wet> Site @2002 Miami-Dade County. All ~ghlB ,"6erved. .L ~ '"'t".... ~J -.-- ---- Appendix V.GA My Home MIAMI'. i if 1:1 i i fl. hr. t~.g:xJ foRo No.: Prop,rty: Manlng Addle": property Information Raport Summary Detail.: 1 =:J Prlrnlry Zone: 8900 UNZONED CLUC: 0080 Vf'CANT LAND-GOVERNMENTAL BedsIBath8: OJO PICo,.: 0 J.ivlngUnils: 0 Adj S!lI Footage: 0 Lot SIze: 6:l5 ACRES V.ar Buill: 0 legal Qescrtptfon: 55335 835.4 AC All OF SEe lESS ElV PORTION FOR lEVEE 26 RNV/MA PARCELS 1-5 THRU 69-51 LOT SIZE IRREGULAR MIAMI DADE COUNTY V1ATION DEPARTMENT PO &OX 592075 MIAMI FL 33159,2075 Pn>perty Inform.tlon: Slle Information: ~ rIoOlR: Saki Date: Stile Amount: l~: Year: 2001 2006 Land Value: $127.080 $121.000 Bundlno Value: $0 $0 Mark,t Value: $127,080 $127,080 ~ses..d Value: $127,080 $127,080 Total Exemptions: $127.080 5127,080 Tauble Value: 10 $0 Assessment Information: [!:dl1se wlndowl [Click here to Print} This report W83 created on 10/19(2007 9:36:19 AM for reference purposes only. Weo Site@2002Miami-Dade County. All righlll reserved, Property Information Report .. ....0- a -~ - Appendix V.G.4 My Home MIAMI.a :i;ll:li;rt;hr.t~ Property Infonnatlon Report Summary Detalla: folio No.; Property: "ailing Address: Prlnwry Zone: 8llOO UNZONED CLUC: lI080 VIoCNlT LAND- GOVERNMENTAL gedtlBa1h.: 010 F\o<<S: 0 lMng Units: Ad'Sq Footage: 0 lot SIze: B40ACRES V.., Butl: 0 Lega' Oesctlptlon: 85335 840 IoC ALL OF SEe /MA PARCELS 1-6 THRU 55-81 LOT SIZE IRREGULAR . MIAMI DADE COUNTY AVIATION DEPARTMENT PO BOX 592075 MIAMI FL 33'....2075 Property Inlomudlon: Sol. Inlomellon: ~ ~IoOlR: "Date" a... Amo~nt: I: As....lYlIlnl tnlomiellon: V.a,: 2Wl 2008 Land V.lue: $128,000 $128,000 Buildlno Velue; $0 110 Market Value: $128,000 $128,000 An....d Value: $128,1lOO $'28.000 Totel Exemptions: $128,000 5128,000 raxable Value: $0 $0 [Close wlndow1 [Click here to Print) This report wee created on 10/1912007 9:36:46 AM for reference purpose8 only, Web Site e> 2002 Mlami-Dade County. All right. roseNed. - Appendix V.GA My Home MIAMI'. :j nl:7 ii fli!:l,t::Jt-.fflX/ Property Information Report Summary Details: folio No.: Pr . : M.Wng AckIrou: j PrlrNry Zone; ::j;: UNZONED CLUC: V~ LAND- GOVERNMENTAL 8ecblBllth,; DIO Floors: to UYIng Units: 0 Adj $q Footage; 0 Lot Bin: ll<<l ACRES Yur Bulh: 0 legal Descrlpllon: 75335 640AC All OF SEe/AKA PARCELS 1-7 THRU 80-7 LOT SIZE IRREGULAR MIAMI DADE COUNTY AVIATION DEPARTMENT PO BOX !i112075 MIAMI FL 33159-2075 Property Inlonnellon' Sate Informallon: ~ IS-IO OIR: SateOtlIe: Sate Amount: I: Assessment Inform.non: Yeer: 2007 2008 land Vllue: $128,000 $128,000 Bufldlna Value: $0 $0 M.rket V.lue: $12..000 $128,000 As..ss.d V.lue: $12..000 - $128,000 Total Elt8mpUons: $128,000 $128,000 Tax.bIe Velue: $0 $0 [!d.o.se windoW} [Qlli:.li.lIl!m.m...EJ:inll This report was created on 10/19/20079:37:01 AM for reference purpose. only, Web Sit. @ 2002 Mlami.Dada County. All rights reserved. Property Information Report Appendix V,G.4 My Home MIAMI'!) - ;;i'}=1ijit;l:lit~~ " Property Information Report SUmlllllry Dotal1a: Folio No.: Pr orty: M.....g Address: SOUTH FtA WATER MANAGEMENT lJIST 3301 GUN ctUB RD POBOX 24080 wesT PALM BEACH Fl 33418-4680 Proporly Inlormollon: PrlRlllry Zone: 8800 UNZONED ClUC: 0081 VN:;NlT LAND Bedl/Blths: 010 . Floofs: 0 . LIYIntlUnlls: 0 Adl Sq Foolege: 0 Lot .e: 68 ACRES V..rBullt: 0 Legal Delcrtptlon: a 533588 ACMll RIWTHRU E1/4 OF SEe FOR LEVEE 28 LOT SIZE IRREGUlAR Sol. In'ormoUon: ~ rOM OIR: Salle Da": Sele Amount I: A.....mont Inlorrnotlon: V..r: 2007 2006 Land Value: $13,200 $13,200 Building Value: $0 $0 !MOrket ValUe; $13,200 $13.200 AsliN.ad ValUe: $13,200 $13,200 TolaI ExemptioM: $13,200 $13,200 T_.lbIe 'lllue: $0 $0 Ud2Re windowl [CliCk hare to "'.tin!! - Thi. report was croated on 10/1912007 9:37:161W1 for reference purposes only. Wob Slle CD 2002 Miami-Dada County. All rights re.erved, Appendix V.GA My Home MIAM~I'D :;i)hJiitt.!-:l;f~ Property Information Report Summary Delan.: ~ folio No.: Pi.polly: tolling Address: SOUTH FLA WAlER MANAGEMENT OlST 3301 GUN CLUB NO POBOX 24880 WEST PALM BEACH Fl J341&.4880 Proptlrly Inlorm.Uon: Plim;;r; Zone: 8900 UNZONED ClUC: 1008, WeANT lAND BecWBaIh8: 010 Roor.: 0 Uvino Units: 0 Ad'Sq Footage: 0 LotSlz:e: 74 ACRES V..rBul1l: 0 legaJ aescrlption: 17533574.28 AC MIL RJWTHRI) E112 OF see FOR LEVEE 28 lOT SIZE. IRREGULAR a.le lnfonnatlon: 3 r'e 01": Sale Calli: Salt Amount =~ Assessment '"'ormallon' Year: 2007 2006 land Vak.nl: $'4,_ $14,89 Building V.lue: SO $0 Melket Value: $'4.856 $14,866 ASsessed Value: $14,856 $14.858 Total Enmpllons: $'4.858 $14,856 TaxebleVlIlue: $0 $0 !illl!H~wI [Click here to Prln~1 .,'t, This report was created on 10/19(20079:37:33 AM lor reference purposes only. Web Slle @2002 Miami-Dade County. All rights reserved, Property Infonnation Report YBge I or I Appendix V.G.4 My Home .;il1:1i;tl.1-:~.1~ M'A~"D ,-, FoIioND.: Property: Mailing Add".'7 MIAMI DADE COUNTY AVIATION DEPARTMENT PO BOX 582075 MIAMI Fl 331!i8-2075 Property Infonnatlon Report Summary Details: PlOp.1ly Inronmdlon: Prlmarv Zone: 8800 UJlZONED ClUC: ooeo VNJANT lAND-GOVERNMENTAL 8edsJ8IIIhs: ..., FIoo,.: . 0 Jvino 1Mb: 0 Adj 8q Foohlge: 0 Lot SIze: MO ACRES V.ar Bufk: 0 lAge' DellcrlpUon: 18.53 35840 N:J AlL OF see JAM PARCELS '-18 THRU 13-181 LOT SIZE IRREGUlAR S.Ielnro_lon: t~~~ Se~ 00..: So~Amount ~: I Als_oment InronnaUon: .- Year: 2007 2006 t..nd Value: $128,000 $128,000 Buldlng Value: $0 $0 M.rket Vllue: $128,000 $128.000 A......d Value: $128,OOQ $128.000 TcUI Exemptlona: $128,000 $128,000 Tlxable Value: $0 SO {ldw,e wind owl [Click here to Print) J..' This report wa. created on 10/1912007 9;37:47 AM for reference purposes only. Web SUe C 2002 Mleml-Dade County. All rights reselVed. - . lOlli' if! Gl2S"., ,?4!l -. 01llll':HI~l1lU1tl ^1)JUIlG~J') QIJ follow": J. 'rhlH Com" hu JurlmUcthm of th~"('I1Jrur.('otltnnH. 2. ,,'II" l)lrn\HuR" In thin CPUHn ftl'CO Hurtlf'it"I\t. 3. 'rhe;! 1'0\111011('1' 1M lWorIJ1'Iy o)l;vrclnlnn tlte do1ul!nlt'r1 nulhlll'lI~.. 4. 'fht' P,'HUlll"H'l.nN mnth' n t~lOcI rllllh t"nll1'1hlr (Ii \'Ilhw, hl1nt.,) \1ptll1 n ,'nlhlnplwnh",l of ('(\I"h 11:'1,,'\'1 11\ OIC' 11I'O"N.tllnJ!. 6. R\lhjl~r.t In thl' IUtllltll'll IWl'ltln fill_Iud, I)W Pl.\Ulonnl' 1,,',('nUth'" 10 IIOl1l1C'fllllml of II". I','uI'I'I-ly IUH"1'hm((f'1' ch",cn'ih,'d \,.'IOt. lu rlnl\\ JUd,(II\l.,,1 1111DIIIII1 tI"lullllt In Um 1't'!ltlulI',Y nr thin C'mlt'1 or ll\U'h mUll n( 1I1U1"-'J ,,"_will rull,)' f1l'rUn' ltlltl full)' t'011111rlllt"ln tlu' IWl'lanul ,'nllll,'11 11) 1'\1111111'1\1111111111 nt~ ullhullh'l}' th'\('I'mhu.tJ h)' fh ,1 jUllnnwnl, till' flnlnf' h,'hl'! Ilul h'IUlIIUlll till" nmn"n' H( 11", ""'flllfllll-,"H l'-,UlHnh' nr \'nhll', G. 'lilt' ("1111-' l!1'II'I'milu'fllhullIll' 'lUlU (,r 1UmU'~' I'" 1""lI1il:I'llln (1I1f' ~1111'ftll Fnt'ly t )IU' "I'hllmll'nd Nit", Ihlllll",.,t Fifty f,41, n.ll, tl;,U\ I ),tlhll'lI '/, II.,,,,, ,,,,,',,,,'nll,,' IIII' ","ll;"",,,. lOr ,..;" ,10'1'",'11. "II' .kr,'n.b",,' "hnll fnl'th\\'l\11 1;l1l"'""fllh'I'I'U!IHI't\:lhlll III II", )'"tllllllll'l" w\lh Ih,. "~'n'plllllln tW1'1.lnnrt...,. 1""",1. O. Ilnllwdinh-I~'lIllfllllhr Ihllldl11: o( I.uhl ,h'I"H~II, lhf IiUI' "" 1111.....:11 hl'I".ht:lfh'j":II,,'e'(ri.,tll:hnlt \.,-:11 In II..' 1'1.1IIh'IIl'I'. t)-\II1': "lll'\ I Y, n l1ulHh'nl I,I11.lIh'ln1011 or IJIt' ~lIlll' Ilr V"wi.ln. nllll unhl hUJ'j,; iihnll \.,. ,,,,,,,,,1.,1 10 t,.- l,'on,I"lulII'd hlllllnkrn rOl- Ihl" ",;to fir 1111' 1"'ll1lnlll"'-' filii) Ih,' l'il'h: 111 1!nllllu'JlHhllnll fOl' 'hi' !'Cum" HhuH ,'s'lll In IIII' 1".,":-;.ltI,1 "llll1h'lllll('I,..I" fl, AI nn~' lIHlI' 11I-hll' In 1111' I"nl";,' nr riltnl IUlt,!III,'nl. till' \1:"0111':1 rnllth.d th('I','11I mn:. wUh,lt'll\\, 1111' 111"111h'l1 ,f1 dl'lh-I',I'I"! :ul IlIorwl,II'III,~ h',,: 10, If ,milt elt'prlllil IUl111t mnlh' wlll.h' lWI'lIty ":\~1I rrlllH Ill" "11'1-".. af Ihl~ (11.tll'I', thl~ nnh~I' "hnll hi> \'lIul nnll "r 1111 h,,-1I1('I' (UI"I'r' 11.' II fl. .-~ I J. 'flu: liIh' 01' I1th't"'fll l'1ua.tnH h>' 'hh. 0".1.", In n", (ull II'" alll1l,lro lltlr tn 1I1f' Il1mlu 111'1 "I'InCl.',' dl>,a'I'lh,.t! wilh altl' (''>:I'J'plin.'l lor IllI' folla",lnw -2- ...".W .~~ . ...... " ,,,' ..." '. . ..:\"' .' ~"-'. , .~6~>:'~'':w.G(2~:'''?I[f612h... ~Ji' . . . '-'. " . ~. ". tal 'l'hUl'O 1s 11oroby exe:hulod frorn t.h\s O,'dot' nncl dhmriRflotl fJ'om Ihlo pI'occedIng: thO' pnnnleo8 ownl'd by \hb R\ato 11oRl'd of Hducntlon oC the Stf\t(l ot r.'torJdn. bulnll PQrcoll~20. dOHCI'lhod as follow8: "ho N 1/3 Rud 1he 810: 1/ al or SacHnn 20. 'J'owntdlip OS ,80\lth, Hnllt:ea 3ti lilAst. (b) 'I'IWI'C is nlRo fJxolndotl from thl~ Ordnl' nnrl dltlm\"f1\Hl (.'OPl thiN pl'nccu:dtn~ lhu VI'elllhlOS OWllf:t1 by Coni a'nl t\ud SO\llhtll'U l"1<1l"ldn Flood Cant 1'01 Ulat1'lr.l. baing Parcel ~o1-(l, drtA(':1'lhod nte Collown: "rhu W 1/2 t'lf tho Hl~ 11" (If Section 0. '1"0\\'1\"111\1 53 South, nnnut' 36 I':u~\. ((1) 'rhal'(l IH nhlo o)tclndull h'lllll lhit: (lI'd~'.. ~\\'l~HonUy 11m tnlhJ~(.t (If n 11('ntlllll: molloll 10 IIltllnitlH '0 \H: nclj\llllt'nlod nt a lnl(1I' dnlc, thf' Intcl'rnt of ('(!I\h'nl nUfl :-t(l\Ilhl!l'n ''''Ol'Jdn I"lootl Cnlltl'n! ))hlll'h~' III th(' rollo,...h'L! t)~'('Iu"I(.'n llc!lnH'lhf'tl In UlI' l'('IIII{lll nnll 111(1I1tHl(,11 nn I'''W~l''h Nt\fI, JO-fl, 11.(1, ]2-f), 13-rl, t4-ft, I-n, 2-0. 3-0, ~-O, r,-8, 11-11, 7-0, 30-11. 37-0, 30-11, 30-n, 40-11, 41-0, 42-0. 43..0, 1-1'1, 2-1', :\-1', "-171 O-t7, 11-1'1, 12-1'1, 1:t-l'l. ) "-17, Jrl.)". 10-17, 17-17, 10-17, 10.11, 02-17. Oa-l'/, 0-1.17, Of..I'l, 66-'7, 0".1'1, OP"l'I, '10-1'1, 7J-11, '12..17, 13-17, ".1.1"(, 1Ii..17, 10-11, 'l"-"l, 10-1'/, 79-1'1, B1-1' and 02..1", J>:l.rUlIllfJl\t Into1'u,,' 12. ^tlacl\C!d hlH'''\O, mnl'katl NxlllhH lIAII nnd hy l'l:~h"'I'vIlCII mnclt" n tln..'t IIl..t'COr, 18 n COll\lllctu Hnt of 011 I'n)'('c1f; tnlalll III tlll'!((> IH'OCl.IodlngB, )3, Upon tho dC'losl1 hy Iho pclltlunUl' hllo t1w rOlfh;tl')' uf thlH Court of Ihe amOUI\\ horotno.bovu roqulrt!ll II) bo dOllUfll\Cll, the ehH'k of Ihln (:o\lI'l ho nnd hn hlllorohy Gulhorlzp:nl to ltlvC'1'1 nnd 1'OlnvC'RI lIU! flRlnO or 8\1r:h portion thul'Cof aN ho nlny dotormlnn In rlll'uc\ Clhllr,nllllllllllT \111' -s- - -', .... I'. Tt...... L... ~,.X~ 1= mo'\!' .I"~\~ ~i!It~ . MIt .. ,.. . ",..... ~_"'" DL ~ 'll':\!i 'JiIll'ot..ll: I''''~ ,~.'&:t"""r.; ,\!;,t'~ l,';' .~9ff~'fl'~ ., ....;~'klll G'uc,;.iA ~,~ DJ: if~ ...... ~ rl.L,~"=:. ~ ,,"i _I I R"'Wt '"d' ""f""~ ruN tflll ..". ~,r I:ct\:. L::a~Lt tjl 'i= I TC~" "1 h...... 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I WA.N. ~.t'::'-.1II1" {tl4~~:.lr. .), m.~ I 0066 ;c1700 1'180 FED 25 P 2> 33 I9OR. 52648 Bi9 Cypre.8 Nat'I. Pre8erve, Dad. Co. Il, O.tJITCLI\IM DERD "1'II1s INbBf'lU~,. Made this the 9th day or January , A.D., 1980 , be t.ween BOUTH FLORIDA WATER MANAGBMI!:H'l' DISTRICT, a public corpor- .ti~" of the s~*t. ,of !'lorl~a. with its principal otfice at: ]301 Gun Club ~O~f .~cJ .whoe. mail1nq llc1dr.... Lit 'Qat Of~iee Box v. West P.lm E1Ba~h, D~ the ~nt.yof p1;lm"BeaCh, in the s.t.ate of P1esia., GRANTOR, ana TDI UNITED STA'l'U o~ AHB'.u~, of 1l~8hington; D. C., GRAftER, WITNESSETh 1 That the GRANTOR, for and in oonlidor4tion of the Bum of ONE DOLLAR ($1.00), and other valuable considerations in hand paid by the IBid GRAN'JlEB, the receipt whereof Is hereby acknowledged, "has remlRed, releosed and quitclaimed, ond by these prOAent8 dOllS rem18o, relellse ond quitehin unto the GRAN'l'EE, und ita nsnigns, the rollowing dascribed lande, 81tunte, lyinq and bolnq in the County or. Dade, Stntt" of Florida, 1:.0 witl 1\11 that part. of the Southwoat one-qu.i'rtor (SWIr) of the Southwest on.-quar~cr CSW~) of Soction 32, Town.hip 5] South, Rango 3S EllDt, lying WOBtl'Jrly or the right of WRY for South Florida Water Mana9cm~nt niAtrlct f~veo 20. Tho above described parcel of land contains )2 ncrOll, more or lell8. AND I Tho Host ona-half (W~) or: tho SouthOORt ono-qonrter (BE") of Section B, and the gouth one-half fS~) of the southWQRe one-quarter (S~) or Section 20, and the NorthweR~ one- qUarter (WI.,:) of tho SouthWCRt ono-qunrter [SWIr) of Section 29, 011 in Town.hip 53 South, Range 35 Poo.l:.. The above described parcels of land contain 00 acroe, marc or le8., in Soction 91 90 acre., more or 108., in Section 20, Gnd 40 acres, more or 1Q8s, in Section 29J for n totnl or zoo acree, morc or 1080. The above tleacribed land in being acquiracl for tho UIUl and benefit of the United States by the NsUonol ~ark Service of the nnportment of the :tnte.r:ior. If the land herein conveyed 18 located in an orea that has not been offiCllally surveyed by the United State., the location of boundary linea and the acreage 1.n"tended to be oonveyed may be 8stimstes only. Then, and in llIu,ch event, the GItANTOR shall not be 11ablo for any deficiency, nor the . :S~~:Si~:~L~!::..;:::'~. .;:r.:_..~:~.;~::;~ .~-':.':~I: ::I:I.~.. Ii... . ~ . \\) fI 'J Appendix V.G.4 jer: [QuickView] Doc: ~.0111120861IlPiOR.1 0666.11861113-12086 Page 1 of3 Created By: andya PriDted: 10/19120014:50:16 PM EST m 10666 rd 787. GRANTEE liable for any exceBS Gcreoge such aa nn official survey mlqht di8010ee. The O~NTOR r~leaaeD and quitclaims unto the GRANTEE, and It:1 881119n8,. all the right, title and lnterelt which .the GRAHTOR may have _ in any Buoh" excels aereaqe. SUBJECT, HOWEVER, to exlatinq easements for pUblic road. and highway., public utl11tle.. railroads, pipelines and min~rQl, 988 Dnd oil intereata of record outltandin9 in third parties. Saving end reserving unto th GRANTOR. H,II successors or lI.ssiqns, ell right, tit.le and intetest in l]!1d to the dght. of way for Centrol Gnd southern Florida Flood control Proj~ct ),evec 28. Sbvlng ond reserving unto tho GRANTOR, its eUCCeSBOTf\ or n8019n8. all of the oil, gns nnd other mJ.neraln <\nd minor/d. dqhl;iJ. In. on or under tho above deRcrlbod Innds. This grant 15 givon with tho r.xprflS[l undeT.standing th3t if' tho lIbnVD described lamls nre not: uAed for purponn" of the D1y Cypr~Bn NatIonal Preserve liD provillerl by Inw, or \, f th(! nbovo dClIcrLbml InncJ9 i'u-e othcr.- wise abandonerl by tho GRANTEe, then in eLther of thone ",vents title to Boid l.mdA will nutomal;ic.,lly r.evcrt: to the GRJ\NTon. TO IIAVE 1\ND 1'0 1I0U) thll some together ",1 th n11 nnd ninquine t:hr. appurtenances ther.nunto beloogJny or in nnywiRn nppcrt:oininq. ~nd ~ll tho entnt:c, right, titlo, interost, llt"n, equity nnd claim whatsoaver of the said GIV\NTOR, oither in law or cqult:y. to the only pInpor UDe, benefit and behoof or the s.,1d GRJ\N'rEE, 1t9 nuCCCFJSOr9 ;:md ns91gns, for:- ever, subject to thQ provialons heroof. IN WITNESS tnIER&OF. tht! SOUTII FJ.onID1\ Wl\Tl.m MANAGEMENT DIJ=;TRICT hM caused theBo presents to be executed in ita nome and ita official Boo1 affixed hereto by its Governing Board, Dcting by the Chairman of eaid Baud and attested by 1 ts Secretory, at West Palm Beach, -2- i ., Appendix V.G.4 Order: [QuickView] Doc: 2.0! I 1120861BPIOR. 1 0666.17861 113-12086 Page 2 of3 Created By: andya Printed: I Oil 9/2007 4:50:16 PM EST 1l1~ 10666 rei 788 p.hi 8eBeh- count.y, -State of ~lorlda, this thd 9th day of January SOUTH FLORIDA "ADR 'Kl\NAGBI'fBNT OI8TRIC'1'., BY 1r8 GOYBRNIIfG lOAN) ay.;""/:~.._V<'/"'f: ;; f~~ airMan , ' , i II B ~I ]1 ,r; STATE OF "LORIOn COUN1'Y OF pztlm nench 1 IIBREBY CERTIFY, that on thJ.o the 9th doy of.lllnunry , I\.D., 1980, before me the v.pdero~9nod authority, porftonally npPIllDretl ROBERT 1.. CLARK, JR. and JOliN R. MALOY , C:;hairrnon and Secretary. respectively, of the Governing Donrtl at' SOUTH FI,oRIOl\ WATER MnNl\GBf1ER"l' DJ8"l'RICT, a public corporation of, the Rtato of Vlorh1u., to me known t.o be the perlons who signed tile foreqoing .instrulnont as auch officers Gnd a.oknowledged the eXQcution thereof to be their free act and deed 88 such officers for the purposeB tlnd uses therein mentionecl and that they affixed thereto the official Beal of the GOYEI1:nlng DoDEd of SOUTH FLORIDA Wl\TSR MANAGEMENT DISTRICT and that the Raid Inatl'umllnt 18 the oct Dnel deed of ..aid SOUTH FLORIDA WATt-n M^NAGP.MENT DISTRICT anu the Governing Boord tbe'l'8"" of. WXTtfBSS my signa.ture C~~:'~,,~t.t.. the day __-~Q .:.:-..f('. /,}.~~"1~4' . :~.".~~'. ...' ,.:..c.o;. \~-: .. .... .' j;."j . ~<l~)E ....,..'{ .,.", ..~~...... . ".ioll one] offJ.clal R8(11 ntWtt.t I'ftbn R('nch one] year last p(oroBnlll. , 901d .~ , . :/ .,"t.f. L Notary \)ubl1c . /f ,. . "1 .,...... I:.\n I '!:I, ~.!,I' d ;...... ~1:. I Expires I ij.., '.a;.,...n:,l!l ::.;.::". .....;.:. :..,: ,....'..",.....1...'. - -.n...~-.. ... ..,". "...... - _'n..". ,1aIi!'.1...1WI',i"UN.... If- -..n CIM:UIf touRr I Appendix V.GA Order: [QuickView] Doc: 2.0IilI2086111PIOR.10666.17861113-12086 Page 3 of3 Created lIy: andya Printed: 10/19120074:50:16 PM EST ::',; '.,: '~. 40 ',,!' .i. , ,. i WARIlANTY DEED TH IS' '.I NOENTURE Made t.h f 5 --17lL day of _. I '.t~,~, be lwecn MIAMI SUIpnUJL)>1HO COIU'ORATlON" Ii F!orlda corpnratton, party of I.he flrst. pift, and nlCHAROS 1.AND OEVELOPMENT CORP., a Flof"lut'l COl'rwrnR t.lon, whose. ndilrn~ Is 740 - 713t. StrfHJt./ "HSUlI l:'uC:h, Fl(!rlct\, porty of ll,c second p1lrt, Wl'rNESSETH1 That. the said porly of the ftral ])t'lrl fOI' nnri In,con~Idernl.l?n QJ' \..he sum of Ten UOl,lars (llv.on) nnd olllel' vnlll- Able: consldera.tlons La Jt. In hond paid by the sl\ld perly of the s~cond parl. lho receipt whe:reor la herflby ft:hIHlWIp-(]!lt:d, tH\~ prnnllHl, bugalnr-II ami 80ltJ to Lha uld party or the second pO I' !. I Its. $UCCE'!l.- sor.s nnd OII;2,Jgl'lB fOr~vcr. I.he folloWing t.e!ilcrIMd land ~JtltDlt;!, l-YM Ing and holn!] .1.0 /Jade and Colllel' CountIes, rIol'la'll to-Wltl .. Sect.Jon 19J SectIon Z~J Sect-Ion 1.6; .';ecllo)1 '/",. !l'ss the W Ill. of the 5\'1 1/1 t.horeof.; Sf;CUOIl ZOJ 5ectlC'1l lP} Snct.lcin 30, le!!) ~hu VI J.ll of \.In; NW !/IJ thHHlr j :inc~ I.lon 311 SucUon 32, leu the W I/Z of I.huSl! Ii" ihel'sdfl Sl!c~fon 33; Suct.ton Jill SeeLlon :)!>; nil In ToWnah'lp 52. Sout.h. Range 35 Easl., 111 JJade COUll!.)', rlol'1~l1) and cunll\Inln9 1,441) acres, mora or It~!ir., less ,HI undlvlcleo III Int.t:r~st In ell 011. (11lS and other", mlOf~rals lhe.reln which Is hereb)' re911I'Ved lIrllf.' till! Grnntor, Its Buccellsors bl\!: I1BslsmuJ , ~Rcllon II Secllon Z,l Section 3, losG \.he VI 1/2 or.,r.ht, ,: SW J/'J.t.hereofj Section 'ii $8ct.lon 51 Secll()n [~, Ifsn , I.hlJ VI Ill. of lha: SVI 1/4 thereofl SGcllon 7, Sec;tJon IJ, Jg~9, t.htr VI 1/l. of thu SE 1/"1 t.hflrlofl Section ~~j SCl'- tJon 10j Secllon 111 les, Lh\: 1-: 1/~ of lhoNW 1/'1 lhereorr Secllon IZ, I.ss tho ME: J/4 oC the Nt.: 1/'1 t.hor.ofJ Sec;-llon 13, leu the Sf 1/1 Qr I.he NE 1/'1. the E J/~ of the SE II"!: f the 5 1/1. of the SW 1/'1, nnt! the N~=-l/q. of the S\V 1/4J Seal.lon 14J Scct.ton l!)j: Seellon 17, t.he SW II.; ('If the NYl 1/4 of Sect-Ion 10; the N 112 of S~ct.1on 19, SeCl.IOfl 20, Ius t.t16 S II? or \"h1l',SW 1/4 tllerQor, SectIon ll, leu the 5W Ii,\. of t.he SW'I/41 Secllon 22, leu t.he W Ll2. 0(' t.ho NW 1/4 t.tparqDfJ Sec\.lon ~3J Sect.lon 241 leu \-ho W 1/.:: of lhe , NYI,JY4 there:or, Section. ~5' Se<:llon lO, leu "lip. 'II I/~ _ of the ;NB t/Il t.hereof, S.ctlon 271 Section' 20, Sec\.lon 34; SedlJon 35j Sllct.lon .36, less t.he SE 1/4 Gl\d \.lIe 1:: l/~ of ,Lhe SW 1/"" 81) In Township 53 South, Itttn{lf. ,l~ Last, In Uade Counl.y, Florldn nnd ~Q..t.Qtntn9 171G60 nerasr "more tlr len, lees an undtvtd.ed 1/2' Intel'est. tn all all:, gA.....and othermtnerah theretn whJr.h Is hereby r~uerVlJ:d unto the Grant.or, It, &UeC8Saora an:! a!ostgn8; . : .' " . ,. ~ SQ~tlon' "5., Ie.,.' the E,l/~ of the Sf: 1/4 thereofJ Sec- tIon '1 JI Se~lf'!lP;.,9".',S.'ctlon 19, len the W 1/2 or thp. sw: 1/~~~~h..r,!~fl'.~OO~40fl .:tlf SeoUon. 23, leu Ute E J/Z ~h",.oN:s.oUolt"~~I;.'S.ctlQil'%71 Settlon Z9J S'c~lcn .3IJ 5e~~lori,a.~p\f;".i'rthe;W':I'172 or~th. Nt!: 1/4 lhereofJ Y,~,:i.'~~;~tf:;~~~;f';<~::.~t.,~;~t.t . , , , .1 311 '!'n.''';:~IlI>il1!l~,IIi.~~~5;! ., ....' ji,i;':i!':-~. !~1:N_h !!;.\:t-&,_~ ~.C: ;~- i,t~ .'.,..'. '. 'j~;~~~?l;~~;;';":~i:1i~'\\X~~j::1~~:~l ~~1l1~~:~.. '.. ~-' .~ ,j -1 , ',' ond s)d~~' 3~'; :~":'i:' ~~~~l~.:~{J~O~~h' Rong. 33 E....~. '~h j:OIU.".COunt;y, 'Fldrldl, ..nd oontalnlnu .7,IZO ~ro.. more or I....:..,. on undlvld.d I/Z 1..llr.n lil oil 0'1'. 0" and:o'th.~ .mlhorals Ih.r~ln wh",eh i!e: ".herd,)" ~..orv.d unto t.ho '"Orantor. 1 t.a Sl.U;" cesaor;"and ,a..lgn.,. . 1 ." . It'Cllo.~i,l. I... I!\,. W..1/z or th. SE 1/' .th.r.oft SOc- tlon ",\.Slct.ton 31 Seatlon 7. S.i:lt.lon 9, 1... t.h8 fI I/Z of h. NW 1/' thir,ofl S.otlon 11J'Soc\lon 19, 10.. Ihr w l/z of Ih. /IV( 1/4 thoreofJ Soctlon ZI, Secllon,Z31 l... ~he W I/Z of tho SW 1/1 thoreofl S.cllon;l~J Seollon'Z1; 5ecLlon 29; and Slctton 35, Ql1 In TownshIp 53 South, RlnOI a3 ~.sL. tn CollJer County,.Florlda and cnnLeJnlno 0,000 acros, Mora or '!en, 1+'B an undfvided 1/1. tnte...;,.t in aU 011, 0". and olhlJ,r mina"lh therolr. whloh tis hqreby reservod unto lhq Oran tor. , Its lucce.sora and ..alghs, 580llon,3, Section 1; Section 9, .... lhe E l/~ of the. SE 1/4 thoreor. S~ct.lon 19, SectJon ~g, ha, t.he ~ I/Z 01' the SF. 1/4 .and B 1/z ot tho HE 1/41 S.c\lon 31. Ie.. Ih. W I/z of the /IV( 1/4. tho E I/Z of the NB 1/4 ned the F. I/Z of \I,. SF. 1/4 thor.of, nIl In Town.htp 53 Sout.h, RanDo. 31 Eftf>t In Collier County, FlorId.. Dnd cont-nlnlng 3,.J60 Rcroe, mora or les5, less an undJvlded 1/2 lnt.ernL h. all oLl, gR8 and other n.fnllrnts ther'-In which h hereby reserved unt.o the oran.t.or, !tl auec,non and asalgnll. This convoyancB 1~5 made subJect. t.ol . '. OU, ga,. and mln~ral leas. to Trinity on Cor'portltlon dated Ue,ccllb,,' R.7, 19!JO, 81 modified by agreement dot.d Aprll 17, 1951. Outslllndlng graz InO I.au In.ravor or u. 1.. Cruln and R. t. F'uL-cJ1 dated fAa)' I, 19~Z, Gild expiring June 30, 195~. EOSlllAlJnl ~ Lo Central and South~rn Florida Flood Con.. t.ro! DIst.rict dated January U, J9!JO, and recor,led In t.ho orrle:8 of l.he Clerl, of the Clreu't Court. In Bnd . for Dnd., :County, Plor1da, on February 6, 19~O, In Deed Book 3Z3d at Pag. 582. . '. AppllcAbl. county lontng regulatlona. Reservl l 1,0 Rill , Ir In)", in Cavor or the Truslees or the Interna! 'ImpJ'ovemant Fund of the state of Flol'ldn to entor upon _Lhe hnd. and con.Lruut lu(:h canals, cut.s, ,luicQ'Aay:'. dik.. and other work. a8 may In thQlr Jl.ldgmen\..bf! nBoe.sary and n.edful tor the dralnDge or rlClin18llfln of the 'lin\is Ilnd to take from the lands auchgrav'l, aLOnt or nrLh U lilY In t.hllr Ju:dgm8nt. be ne08'$.")'.\.0 use In oonst..rucLlng '''ell CI\"8h, cut.s, 'Jule.w8Y~, dlhe. and other work,. And l.h", Bold part..y:o( lhe lInt. parL dO.s hereby fully warranL t.he t.llle t.o .81d:lall~;subJ'C:l. to the tor8go1no except.lon. Ilnd will deftlnd. tit, ;.'.~' ~~,In~~ t.he "~wrul claillo of III perlons whomsoevor. , IN liIiTHESf.WltERa:lFi tho, .ald ptrty of' tho f1rot port h.. ., -. ~: .. . (Jeiu..~. ~IJ:.." p,r,..nh: t.o blii:..sion;,&J.l.njt. name ~y I t.~ ptoper ',. "\,.i:- ,J~~";{"i:N~i~;;t~f~,i:f;:;::::\;.,:.;, ." ,,~\~'-'.'-,;' y I 1 ":"{;~"'i1,.:tf~'~~:':" ]~;:?"':ijii:;:'!;37 . "'1 ., .! ! i , '!' '~rfl.ctr., and lll:.c:oi'porah nal to be II.fflxlld, oLLesteri h}' I ~$ . ... 4(). 113 IInl .i s8cre.torYi the day'and ytar above w.f'lthn. . , ;............'1 I < ...~,..~\. ;~'~.'!..~~;;;-,., t';/...--:. .~...~: :H.~"'!.~':)\ <;'~f ';';'~ilt!~; ",1:1&.., "'<""'}" .~.~I. ",,J,. .1.1 r. .... . I '~\I\ ./~:',"'; .. .;;\~~}~:,....:~..;~~ -- "1 '", "'l 'f \\ ~. ,'-~ . . ~J'~_I'I/It'II'i'"'''' l ~ '. .' 11..(-,_,-..:,(.:!- '. \..:-..~lgned, fealed nn<i l1ellverefl In lhe prsoenc-e ofl MIAMI SHIPBUILUINO CORPORATION E~ - ~c.,eury ny. .f~,ePl.~ff~ ~A' 11. ~i. ooG'3 1,1 IJ...... /4~~-~ . STATE Of nOJtlUA .. COUlrrV Of DAilE' JUDe I IllmE'BY 1:l::!;l'rlF'Y, I..hat on thl, 17th lI",1 or "'&V, f" IJ. Itl5!i, before lAC p~~8011n.lly appeared Tlleudor8 G. Ruhlel. nllll .fl:nn E., B\llllcr, Prosldon.t anll Secretary. rUPQcllvely, or Ulaml Shl"" building Corport\~fon, n corporation under t.he ll\wf> of the SLale of Florida. t.o me ~nown to be the perf'onf> who 1I1gned Lhe rClreg(dll!l tntitrtlment. as such o,rrlcers and uverolly u.cknowledgeu t.h~ eUt:u- lion thereof t.C'1 be their rr~u oct and deod "', such officers fal' lh~ uae.s Bnd purposes therein menl.lonl!cl and thnl they afJ'liI'cd therelo the offfclal .CB' o.r s\\Jd corporation, and that the nJd Insll'lInJenl. Is t.hll act and deed"or said c~rporutlon. \'l1TNE~S my; slgnaturt and ornel"l seol at. Mlmnl In lIw County.or DAde and St.ota of ~'lorJda l.hc day and y....r lust nforuntd. ~ -, " Q; lS::>... ....."'\.. . .~Not.ry PubT1"C'""SlB.t.e of Flortdo nt Large ..,"tV !toot,,,_ ',,,,,It II' t~'~"',,~I ;'~;,~ JAy C~IllIR.l,sslon explresr hlYtom,lIU;Oll ..JoYf.~ ,.10'. '~.,~. . . ~.. '" ^",.,,~p, ).~ .1. ~, ..... ,> " WARRANTY DIIBD THIS INDIlNTURII, Mad. thl. /o'r;L day of october, 1958, bet".en RICIIARDS LAND DllVELO~T CORPORATION, .8 oorporation existing undor ~ne laws of the State of ~lor1daJ and having it. prlnoip.l plaoo of bus!na.. 1n tho County of Dad. and State ~r Florldb, p8~ty of the firot part, and BERIlARD R. ImYF.RS, TRUSTEE 927 Linooln Road Miami Beaoh, FlorId. or the County of pade and State of plorido, party of the ,eoond part I WITNKSS&~J That th~ eDid party of tho first part, for and in Qonlliderntlon of the Bum 1)( Ten Do1]01'8 ($10) and at.he!' valuable consider-aUono ~{l It '.n hand. paid, the reol::lpt whol'cor 18 hereby aolcnowledged, has granted, bargained, Bold, aliened, remised, releosed, ~onv~yed and oonfirmed, and by those prenentn d0\98 grant, bargain, 8811, alien, rem1oe, roleose, convey I1nr.1 cont'1rm, unto the oaid porty at' the ocoond pert, and hiD heiro and BeBignn forover, all that oertain paroDl or land lying and being 1n the county or pflde and State or FloridA, more t)Qr~ t10ularly desoribod QO followOI Seotlon 30, 1... tho W.et IInlf (Wi) of tho ~orthw.ot ~uart.r (NWt) ther.ofl Dna Sect1Qn 3'1, leSB the Worst Half (Wi) of the !Joutheoot QU. rtor (SSH th.roofl 1n Townat1p 5c ~~uthJ Ronge 35 Boot, Dode County, Florida, lJontalnlJ'16 1120 norftB rubre or 1e88, Tho ora~tor horoby ~eUervOO to ItBol~, 1t6 DUCc0880ra and a081gns\ an W'ldlv1ded ono-fourth interest 1n QJul to. th~ iull 01., BaB bod mineral rlghtB pertinent to the obo.,e deeol'ibed lando., subJeot tOI :~,\ ',~ \~, . , .1......, '\'& 'I ' " ,I~ 'j' ,,, , I ' . <, . , , .' ,'-< , , ~ '~ ~:"' 1, TAxeD for the ourt'Clnt yePI' Rnd ou:,eequunt yeu'o. 2. Faata that wouid be d1solosod by an Doo~rDtc aurvey. 3. Any unreoorded labororn I, moo)1lm108 I or mEl tc r1nlmen' 0. 11enB. .'" , 4. ZonII\l! and/or othor montal Quthority. . 1.. reotr1ot1cno lmposed by govern~ .......w QI'"I'"'C1C. &QHW....ft~ (I. ZINN, II!:QD.la07 AINOl.:CY U\JII.OIHO. "'I^MI,rI..O"'lIP,", ;;u 10~8 "<l 27 7 . An 011, 6" .nd mln.....1 1.... ti'liol Miam1 Sll1pbu11d1Pll Corpora1:ion to 'I'rin1 h' 011 corpora.. Uon, dat.d Deo. 97, 19504 1'11ed l'1Ib. 22, 1951, in De.d !lOok 3~02, patie 5 7, I'Ilbl1o p.oord. ot Dad. county, Flor1da, ond roool~~d 1n Col11er county, F10r1da, under dRte ot I'1aroh 15, 1951, in Deed Book 2(1 pe6eD 5 and 11. '!'he atorementioned leBse was mOdifIed b7 an agreement dat~d April 17, 1951. tiled Oot. 9; 1951, in Doed Book 3500, page 226 ot the Pub~lo Rooord.ot Dade County, Flnr1da. 6. R1ghto or perBon8 other than the own~r in pO.BoBBion. 9. R6oorvat1ona,' if 8fl)', +n ravor ot the Truetee8 of the Intomal Improvoml!l'l t Fund of the State of Florida, to entor upon tbo lande and con8tl~Ct Buch cannla, OUt8, elu1oewaya, dike a and other works as lAa:f 1n t.heir JUdgment bo neo9sD8ry- and needful for the drainage or rcolnmatlon or the landn, and to take from the land such gravel, atone or e81'th 06 may in their Judgmont"be necessary to UDe 1n con- 8tnJ.ct1ng said oanale, outsl Dluloewaye, dikeD and othol' works. 10. UoaelllGnt 1:0 Cent-I'D I ;, Southern Florida Flood Oontrol D1et~lot dat~ : Jan, 12~ 1950, rocorded Peb. 6. 1950. 1n Deod Book 3230, P060 582, or tho Public neoor<\a of' DDde Oounty, Florida. 11. ~n undivided 3/qtha 1ntol~ot 1n and to the oil, gos and mineral rights, ono-half Or which was l'ellcrved by Mlrm1 Shipbu1lding Corporation, and onQ~rour.th of lthieh 18 resOl'ved by the grnntor herein. 'tOOETHER w1th nll tho tenvlIlonts, hQl'odltnmante and npPuJ'tonunceo, with OVOl')' pr.'vilege, I'ight, tItlo, lntorest and estate, l'eversion, remainder I nd enaement thereto belonging or in nny wille ol>pertotnlng. 1'0 JfAVE AND '1'0 nOLD tho Borne 1n fco simple fOI'evci'. And the said party 01' the (11"0t part does oovenant with th~ Bold P01't:y of thc second part thnt it 10 lowt'ully tlU1zoct of the Bald prcm1e8,l that l'lt~y are Cree or all onolullbJ'Qno~lJ, and th8t it hats good right and luwful authority to sell the onmOj anu the 801<1 party or tha flJ'ut port doee hereby fully VfOrT"Qnt tho t.1 tlc to GaId land, and will defend the oame aga1not the Inwrul I.olalmD or all pel.80ne ."hom808vep. IN WITNESS WlIBRIlOF, the .e1d party or tho r1".t port haa caused these prooent.o to be e1sner1 ln its nante by its f'I'euldent, and lts oorporate 98&1 to be affixed, ottaotod by ita 2. L""W or"'OIl"Q &0.........".0. 2;'..... '1Il0Q-'",07 ....1"Oa.O:;y PUILDINO, M'^NI.rl.OhIOA SlIfIr ':' ~~~; ::~~~~: ..'., IT . -..-.,.,~~....'''':'''::-y'-;-. Appendix V. --.,'. ""'10A8' ~i~;, 't ~r: 28 Seoretary the day and yeo1" above written.' Attest. By/.ut ~ so~/~ ; .~,~ C9"POR}T1..oN- . , "/,1 fl, 'I'''' , , on , X' .' .. . . \,\....., (CORPO/l(l~~'~~) ;" '..,:'::' . ,:,'.. .:"}":. "I \,,' :-...1 ..' ~ l':J-~~=n ') L,.:d ,/. W' 4 our presenoel ....... , s'mTll OF Fl ,ORIDA ) COUNTY OP DADE j I J{F..RF.BY CERTIFY i;hat on this 10'(1-.. day or ~tobcf', 1958, bel'ore mG. personally tlPpeorecl e.u::NJAMIN J. BKAKO\HTZ and O. M. LAMPHEAR, ProQldent and Seoretary rellpcotJvuly of RICHAROS LAND D1WFJ..OPMENT CORPOR1\TION, Q Flor1da corporot1onl to Ine I(ouwn to be the perflonB dnucrlbed in and who e>o.eo\lted the fON:go1ng oonveyanoe to BWlNI'RD R. MEYERS" TnUSTm~" and they severally aoknowledged the execution thereof to be their Cree Dol and deed DB 8uah atfiooro, ro~ the Ulloa and purposeo therIJ1n ment10nedJ and that thoy affixed th(ll'eto t:he ofUcial seal or said oorporation, and the euld 1nl'ltrumont 10 the act and deed of Bald oOl~orat1on. WITNKSS my Blgnot\lre and orficlol (HUll at roUam1 in tho County of Dada nnd St6t~ of Flor1dd, the day and year .'" last atoreo(\ld. ') J l..".-'U.. ).</""5.6- --. Notary Publio --r' " My oomm1001on expires; 6;(,9/6/ . , 3, Sldte 01 f10IllJ1, CUUl\ty 01 Dade. 'l t' 1";. 'MIIVI1I'.1 ....111.0 I" "COld ".../...1....0,y ol..C,,,,. I'" 8.1 00): "J1!.M..nd duly "corded in OfflClI\lnE:'lROS ,J '" .:t. ,. 811 I. - Z > . f 8"kL"~.f. on p.ae.J...?"JII. #5 ',.L.. ...h>...,.... ......,. ...ri II. 12. I-1lA""'.n....AN .., 4-karO/lrAulJj I.' f' D. Z_ (/ ~!c.y."".f:.o. IJ. 11:1'1I5~I.f.0'1 AIH~t.:eY pun"IINa. Ml^""'. "LORIO;' LAW Orrlot:s BCIlWA.A1: 0. liNN, .. '...."Q. .' . .': <, .", . ... ., . , 'r\~ ' \v .. ,. . J:' : ;. ~ .. 'ur~ " {B68 ~'j:3s"a; . 'C!!~~!!~_'t:;i:!.)'ljj:~niili. ;,~~';~'ill. .' ... .... . . 'lltl1.,) IIIOrll7.U1\E O'F t.F.As.E,' .made ..md or:-Lrred lnto or. 'n!"" ':t.! 15th ..h:.: 0:" ~.!.2.tember.., ]982 J \:':1 aniJ ,bet:.fC'on Dllde COU{It.y, :J. poJ ~ ~ t'::11 '7 sUb.m-fiion~ of. \/le St'at.e'oC"!"Fhi:-l(Jo"hl"J"clnQfter rlo'r(,'I~I",d"t.t'J ':,:. ":.;:':'rl)~" . 'rid- ~ ~.ltnlES, J' rueneral ,artner'So'lip, ......1~ of DJdley J. iklcJhQ .w Do.n A. . _".' ~lQO Cl\PITAL T<HR8. Jid<scN, ..n.n:1ZIPPl~r=-'J.llI5" .,...~.-_._'c :--:-c'- '-'-ht:-r:'d~n3.\.er ,refln'red to 80 "''Lrnlo"I'f'': . _...t;-.~-:---,:~~-:- . . .' 11I3b . _.~.,_.-..:.. ~... . . -I...........~ ~CIo'....c:.":~e..'" . '-X) 0 I '" , cL.!1l\L.. 1-/s-Y3 WHEREAS, pursuant to Section 125.35. FlorIda Statutes, and In response to pub11shed invitation for compet 1.t1 VB b:l ds, sea led bl!1s were received for the Award of .an 011, gaa and mineral le8:1e on eerta1n .lands owned by Lenor in Dade and Collier- Counties, and Leo&ec havlnt submitted the highest and beat bid for the lease on the said prem1aes, and the Lessor having aecep~ed the same, '.' . '. W) Tl:ESSETH: IJOr:, ':'HERE.?"ORE. the Leuor. by authority. of 3aId law and In consideration or t.he pe)'mcnt by Lessee of the sum or $230,00D.00 eons1derat ion. receipt wher~or if! heroeby, acknowlerjr;ed i"rnf of ";h1! royal tilts. rent&.l$. cc\'enun:!: anrt eond~ tJons contulne-d he:-eln, and hereb)' agr,*d to be pa!d, cbse:-ved Bnd perfor:'l:!::'d by LP.S8C!~, do~~ her.eby <lem1se, srant., le8s~ a~d let exeluslvel',)' unlo the said Le~::ec the said land described ~n Ey,hlb1t A, which is made l! part hereof. ~or the purpose or ~n~es~lr.atlni, explorlnr. Frospect~n(.. dr~ll!nr. or bore-hol~5 for the discover;.' and productl0:'l or 011, ("l!:\, :;ulrhur, .!OaH. and/or other brines f:",ot:l the leased p'rE!'rnlses an'l for the l:".:.'~:1i-: ')f plpcl~nea, building or K-3dn. tanks. POW'!T 11n~5 3!'1d j:'o'Wel' :I:.t!lI C:"l: . CC::l:::w~~catlor~.tl equ1plDen~ and uther structuren anti equ1pr.1ent n'.!"oed to i':-('!~uee. !:!ve, t3.k~ c~:'~ of. t:,t'.")";, t:""'Ir:.:c:ro:""t P.!"l.:I:~':I~ ::IJ:~ j:"~~'J=t= and to hOilse its e~pl~)'ees enC3se'.! in op~ra~1onG ;?I' .j1'11:1:~1; and/;r ;>ro::'.:ct!on ar.d hl!ndl~nC, all s'.:l.jeo::t :'0 the !:.e:-r.t~ Q~d ~cn!!H::m3 ~~~~~~~f:~~ :et t~:""t~. ;--::!" C:-le ;::,,::';.':.:.o"j ;.:' .:=;'",::;:',i:1& :..,.n'~:d ;.3;....,..;.::.: I, 'l; u\J :':"to - :~~'~'.":~';':;~.: :;f~;:.~~ '...~~.~;~ ~:: ~~~~~.~. ;~~ ~.~ ,,~~ ..:'~~ ~~ n~~~~:. ~~ e ~O::~=_~:.:' '~':. :".'.~, ~,. ,! ~'JC~~ tra:t. c'.!Gct'~bt"1 in ::.:>:!1.1~:.t ;. ::. t':l';I;=:~::...~'l to C:CI::-:i':'':'~' ';, ::;:',~;{::'::;!" ,)c!''!:; st.lpu!:lt':?1 ::-.';:-!;'~ ~~!.:::'_ "" '~:-.-.,~~,:':";f. :.:""::.~~:.' ''':;':~'.t-.: -......~ or le~s, . The ';em "~:'oduct~" '.;!;~,~ h'1':"'~ln ::.t.:!ll ~n tl~~' 't~Hj,'~~I~~ ::I:' .):'~e:" ~eanIne b~' l;:'.....:e:J~Qt'! contey.t, ~n<::lude :l!!. 13.1:.., s;;:ph>,,;,,', s.<l!~ ~~d/:>r othe:- brInes. 1. ~uto.;'!.:t tt, ':.h., ":ltll,:'r ~1':)V~::!<:'!\:'l h"r'~~n :~::.""!:=-I".!, 7!'.::~ >:..,~'~ sttdl:' c.~ r:lr a :~r':-: co:" F!'/e (5-) ::~a:'G frO~ :;h.~ '~:l'''. =t......-..::. (.='!H~o:! ';.~.~ =:'"~:-:~:"'" ";~:":l) ~r..1 :I:; 10fi?: th":'r~oft~:- a~ (;;"':'!"",. ~::"';:. ':l:"'~ h~'il":,~ .c.,!:,:'~e.'! on 1n ~OC..l ~::1".:1 ~nj !n 3 ....o~.~:::c.nlB:e and jn~i:('>!l~ -.:'!1~\'':~, wi:!'". no mr ~~~;;:r~ '~~L, ;~t~:,~~.~ ~~::.,~.~~:~~~~C.:}:~;,: :;/: :.:. \~J::t;;~;~ ~~t' ~f;~~.~~;:g( ;~~~~~;1~~;~::?)~~ /~: jC ;.~h;::;;~;~'. :';,:,::;;,; ':~;;:."~;;';:J~'; :,..: ;:.::: ~..~;t:-. :...~ ;:-. ,. -.....:.,:-~,!....:- ....: ::...... -"-'.' .~: -::.~. .. .'., .......;..-.: , .."-.... t-..... ." ~. '.~ ".... .... .... .. >. ::- ",:.::- - . ~-:-~';:";, ;!'_ . f:' x.i. ~"":' ',' ;. ~ .; ~:. - '-', '. :~. 1 ~ :'; .'. : :. " -. - - I _ . .... . ..~ .. . '. ",. ;, ." .::~\\~~' 'J' ',. .' . '. ", '. '. .l!I..., "'S: cash w . tn. . ... .... :a CI CI ... ... ... ... . '.:. i. '. Appendix V.G.4 Created By: andya PriDted: 10/19120074:59:23 PM EST ,der: [QuickView] Doc: 2.011112086IBPIOR.11668.13581111 5-12086 Page I of IS ; ",r' ..,. ., " . ~ " " r.i'l'668 ic'I359' '," ',.' " . ,. . ~n "force ~rid ef{ect by comnrehclns' and"c6nt~nuin& operai'io'ns for drilling ~11" reworking the landp of th1e lease .or flcr~age' pooled the,rew1th' for ~ ::' \.!1e d~v.Jopment. and produc;t~on of 011., gas~. aUiph.ut'~. salt. and/or oth.e'r . .!,lr1nes covered. hereby".on dr before sixty da)'!! afte'r such 'ceSS'BUon of : ;rodu~t10~) an~'~fo~e~utlng 3<<me'w1th 41l1gehce'~nd 1n a'work~anlike :!lann.er with no' ce~sat1oh torr l'fore. than th1nty .eona.e'eutl've days J . anO i'r. . :ouch '6p.~rati~r18 lI1thin re8aonab.le'..tlme, the.rea('ter,rlll5ult 1n th~ "pro- 'tluct 10n of, all, 1;:8:5 ,. 'sulphur~ 'a'aU and/or' 'otQe'r'b!"1ne~' co....erea heteby from the lands of this lease or acreage pooled therewith 1n paying ~uant1tIe~ this lease shall re~aln 1n force and effect thereafter as long 8S 011, sas, sulphur, salt and/or other brines covered by this tease are produced therefrom 1n paying q\lant1tles, lIubJect to the pro- ~1s10ns of.the next suceedlng un-numbered peragraph, but 1n no event be~ond thirty (30) years from the date fIrst set forth above. Th1s lea~e ghell also t~mlnate in the absence of 'drill1ng or reworking op2 ~rat1ons or production 1n paying quantities of 011. gas, sulphur, salt ~nd/o:r ot:her brines from the lands covered hereby or 1&od& pooled .herewith, within the time and 1n the manner as herein 5et forth. If this lease is being mainta1ned by product1on after the exp1rs- :10n of five (5) years beyond the pr1.ary term, Lessor reserves the right ~o demand the relinqu1shment from this lease and the return to the Les- :;01" of all lands not drilled, worked, re"'orked or not 1n production of 011, gas, .sulphur. 52.lt and/or other br1nes in paying QuantitIes, or \ands not Wlitlt.ed or pooled ...,1th other lands being drilled, worked. re- ~'lork.d or produc1ng in paying quantit1e8. .Les see shall, thereafter, ",'lth1n six (6) months from the date of receipt of such demand, make 8 ~elec'tlon of such lands 8.S it may desire. to retain for a second primary t.erm in pareeHs) of not less thlUl 160 Bcres each ot the lands lC8sed :Jereln and so advIse Lessor of its selectlon(s) in writing within the .;ald six (6) months, As to such lands so selected, Lesne shall pay to ~essor, 85 addit10nal cash consideration for a second primary te:-c of ~';ive (5) years cotr.~l!nc1ng ten (0) years ~ror:l the date first set forth .' n this lease, an ar.l:)unt to be computed and to be in the SaJlle p'oportion 5 the initial cash cons1deration bears :0 the entire net mlner~l 1n- '.'ere:sts Initially leased herein, As to such ~econd prime.:-y -cer:r., V:t<see. ~ovenents to be bound by the same terms and cond1t~ano nr conta!ne~ ~n .:lragraph 2 hereof as to' the lands .selected ~n C!cc:rdencC' wi:h ..!".is ':1-numbered paragra~h. , Ir this Lease 15 being maintained bj' p:"oduction aftqr the t'xp1ra- ,10n of .rive (S) years bf'~'ond ~be secon~ p::"~l:lary term, Lesso:-- :--f'!:e-::,ves 'he fUr~he!" r.ight to demand the r(!l1nquisr.:nen~ from th1s lec5e u,d the 'eturn to the LeS50:' of all lands not then d:--ilhdJ ",'orked. rel>:crked or ',(jt in production of 011, gas) sulphur) 5al~! and/o:-- o:?".'!::" br1nf!s ~n ay~ns quantities, or lands not uniti~ed 0:" pooled .with other la~ds ~l~S drilled, work~c, :-eworked or producins 1n pay1n~ q~ant1tie5. "easee shall, therea~';er. within s1x. (6' months fr9t1 the d3~e ~c !!'.lch ',er-and) make a rU'::"t:-H~:' s.election of sud. lands ar it dcs~;es 'to :-et(:~n or a third p!"icsr;,' ~erm 1n f:.e sam~ manne:" 2$ set forth ~n the p:"ocedIng 'n-numbered FaraE:,a;:-~., As to such lands so ~'.!'~~ct'!d, Lessee shall pay .0 Lessor CIS addl\.ic:~e! ,:,ash conslderatlo:: :"'c':-- '1 th.!.rrl ;'Jrirr.e:'y :o;.oT::l of 'lve (5) years cor:r:~r:c1ns twent~' (20) ye8:--s ~:-o:r: tt.~ :::!a~e f1rs~ set !"orth n th1s: lea~'2!, a:1 :::::-:...:;t :.c. be ,:onputed 1:-. ~!,(: :>:!r.l<-' m..t;tner <!:o. :;;e~ ~~rth n ~he preceding \.:.r.-r,',,;r.".bered pal,,,f:raph. 2. ....t,... Lr.~"",- ~I al1 "J:'ll'j \". tlnd ~'''!:,l\,:,rl''': thO! aC';.l:~1 ~!'i~l~n~ o!' t least on~ {l~'~~~~ ';;Cl'li~:1'~h~ i.~ntJ~ l:o.',...:"_.:J l.{,:'\'t~. \"l~r.~~'. tho;. !'~:'::t '!8:-- or the prlr.-.&:-':: :e:'"l~ hereof, and ~c::.t.:.! :;:J~!:l Sjlud ;n fo.lI';j t;:;::.!:.O::ICt> .he actual dr111inf' .of 3t le:tst fot:r (I.:' :,';'.!~~~'.":Il \\'~l.~ :h.::-~r.t: :he al..nt::e of tt.e pr~:-:h:':; ':.'?:'"r:: ~!' :r.~~ le-a:;..:', ~,n~ :"~~c:. (;(.~:n~nclnc ~~c!: pe!"at!.ons Eh;ill r!"':.::".>-::'.:~e sa!:':':!' ~l: t~f.ld ~~~:h :1:11 d'.h :'O:o:lcnoble d~li- ,~l)ce' en:::! '~':1 '.::1 ":"I'I.~:,::.l:'ke: ::,:mno;-~' ~c :}~::~~.'..,.':- ,,:',:! ",;: rlo;"J~.~:-;' S:l!':! lane , , " . i:, ~ ." .' Appendix V,G.4 Order: (QuickView] Doc: 2,01l1l20861BPIOR,11668.1358i III 5-12086 Page 2 of 15 Crcatcd By: andya Printed: 10/19/20074:59:23 PM EST '.' :.:' , r,;.... .':. '.' ...- .,.:....,. , ..:; ~Ci 1~68 .~T35tJ ., . . . . ~ '..: , .~.;,;;.. ':.:_. .' ..: . .: '. i, ~ . ,:', ' .... ...... " " '. " .... , :-Ot' p,J>oduct'1C!n until ltuch ')fed' DC co....ple1!ed 01" 8be.ndoneQ,', Ir no we'll' shall b, c~.ertced and'contihbe~ to cb.pletionJ wlth'reasonaqie dl11- I!eno~ anq' In.. "'ork~nllke manner- td dll1caver...nd.'de"~l~p &a1~ land. .' I ,fq~ procluatlon,.unt: l'l lIuchwe.1.1" 18 ',complete.': or abffnc10ned ,within the' . ..:t1rst:: 'J~ar pe-rlo,d ,9,r the ter:nt 'or the ~ei.ae ,"tha, entire' le,aae.. ahall bll \ ~old. " If..tour ,(In additional ",.118 snall not' be-'commenced anti con.. . .' .tlnu'fd ,tq ,:comp.let1on:.w~t;h' reason,b).e cl2il1silOoe' 'and.' 1n a' w'6rkmanl~ke . . '~nlhn.r',~o d1ado~.t!'t;'. and' a.eve.lop said land 'fo'r iproductton 'until such ': :f ..",~'ll. are' compl-etec;1 'Ok" IIbandoned within t~e b.lan~. .or .the primary t.na or the leai., then thle lease ahall 'become torfeited and void .e to all of the land covered hereby. except that upon whlch welle have bien drilled. It 18 further und.erlltood and aareed that the only penalty for fa1lure to drill such ~.ll ~. the aanoellation of th1s l~&ao or a portion thoreot, so hereinabove provided. In the event of such forfelture the Lessor shall be entitled to retain all payments thereto- fore made or accrued. All wells required to be drilled under the proVisions of thl. s.otlon 2 Ihall be drilled 1n an eff1cient, dillS.nt and workmanl1ke manner and in,accordance with the b..t practice to B depth not lese then 6,000 feat bICarB .abandonment .thereor, unless production in paying q~antities has been accomplished at a lesser depth. . 3. This lease ehall terminate all to both parties on any an- n1vereary date hereef as to all land covered hereby on which rentals are payable hereunder on such anniversary ~ate as hereinafter provided, unleBa L,essee shall on or before such anniversary date pay In advance to Leasor an annual rental of $3.50 per net mineral acre, for the number of seres-included in such land on which rentals are so payable. , Rental ahall be payable under this leaae on or before the anni- versary date on all lands then covered by t~la lease, exoept land 1n a section applicable to B drilled well or upon which sectlon production in paying quantities has been obta1ne~ or upon which sectton drLlling or reworking operat1on3 have been conducted 1n gpod fa1th and 1n a workmanllke'manne~ within thl~ty days next preceding the 8nn~vera~y date. The rentals hereinabove provided for and all royal~le8 p~vld.d fer 1n paragraph- II ne:-ein boelow shall be paid by' ch~ek or draft ':)!' Lessee, payable to Le9sor and mailed or delivered 'to the Office of the Comptroller, Dade County Av1atlon Oepart~ent. Miami International Airport, P,O. Box 592075 AMP, Miami, Florida 33159. on or bero~~ the the anniversary date for which such rental 1s payable. If any 1nterest in, the r~n':al payable hereunder ~ay becor.te o~ned by ano';he:- or others than the ~e~'~r, the entire rental may be paid ~c ~es:o~ !, herein prov~1ed, an~ ~t shall make approprl...te d1lt:-ibut1on the~c-!, The cash consideration 1s the co~slderatlon Cor thIs lease, according to lts ';e:o:ns, and shall not be allocated as rental. for an:,' perIod, Leuet ma~' :-eHnquUh the rights granted hereunder, e1 the:" as ';0 the entire area e?vered hereby or any portion thereof, at an1 ~im~ by ril1ng a relea:se :"or record In the county where the land rel1r::j';:'shed is eituated and !'~l~ng a duplicate ori&ln~l. certifled copy, or. ?hotostat1c copy 0:' the release w1th Lessor w1thln thlrt)' days :''rom the date it 1.s :'11,,6 for rec?rd, and thereafter no rental shall be ~8YBble hereunder as ~o the acreage so released and Lessee shall be released from further obligations as to such rellnquiah~d :~~P8&e. by thls lease L~ pa1d to Le~sor. -l',n'!.ng It. 'rlhen product1on l'rom the land covered (t:t!lln1!~, :!.~ i..e:;iS>!e agrees ':.';) payor ,cause ~o be .th~ term h~reor, ,:n'!! .~oUowlng rOYfllt1e~: .'. '., . ' ' .. '~ .',". ;..':, '. " .. " ~ ' '.,' ," " , .. , , , . '. " l3.) ~.. , '.: ".' " '! .. . ~ " ,'.' r .' Appendix V.G.4 Irder: [QuiclcView] Doc: 2.011112086\BPIOR.11668.13S811115-12086 Page 3 of 15 Created By: andya Printed: 10/19120074:59:23 PM EST ....':.,~ : " .. s.~[.t 1668 ~ i'36~( '.. " ,II .' . (a) On,op, 'lJi.6 ~ dr t'he grotos' prQd'uc~:'on' ~r9:r, t!I~~ ,lease, <yhE' sarne to be, del1\l'ered,to,Le.s~o:- at'.t~e we'll::: ::>:' tt. the c::"edl t. of LUlSors into,.the plp~line to ..,h~cr. the\.e'l!s -a:,' be: Qonne~ted or'1n Iteu' or, deliveorins such royalt)' oil ,in ,kind, Lltssee.~y ;:a)' Lesspr the value,thereo!' at the.we,lls on the'd(lte of prod,uct'!.~.n., ~ , : lb) ~nl SDS, :ln9,iudl!\S .6aS3[l~i'3~,:salJ' 0:' .t'~'hqr."~b,~'?U::' :s\lb~tBhc! J, prodti~ed"rrom thh.le'8se 'am'- sold o!' used o!'~ t,tle I,' pr,!.rli'~e.s .,tor.the 'e~tt"8.ct1on or'ga~o11'ne or other pr.odUCtS ' therefrom) the value, at the well of '16.6 S' of' the" SBS so sold or used, 1)n gaa sold at the well, the vlllue thereof shall' be ,1>,.:: of the amount realiz.ed fror.! such sale; while there is B gas well on this lease or on acreage pooled the~w1th, but gas 1s not being sold or used, Lessee may pay u royalty on or befdre n1nety days after the date on which {l} said well, 19 shut in. or (2) the land coveNd he::-eby 01"' any portion thereof 18 ineluded 1n a pooled un1t on which a shut-in well is located, or (3) this lesse ceases to be other- wise maintained, as prOVided herein. whichever is the later date. and thereafter at monthly lntervals, a IU~ equal to one-twelCth of the amount ot. the annual rental that would then be required to be paid 'to maintain sa1d lease by rental payments, and it such 'payment is made or tendered. this lease shall not terminate and it will be considered that gas is being produced from this lease in paying quantltiesj provided, however, this lease may not be maintained 1n force by such shut-in well pa)"JIlents for a longer period than forty-eight months. (c) On sulphur, salt and/or other brines produced from sa1d lanels, 5% of value at wellhead. The royalties hereinabove provided Cor ~hall be computed arter 'd~ductlng any 011 O~ gas reasonablY used for the production thereof. Lessee shall have the ~ight to use any water that may be on the premises for ojJera~1on hereunder and the right to \:a8 so much c~ the su"'race of t.he lar:d cov~red hereby as may be reasonable r'!ecessary ~or developing and operating on this lease ror ~~oduct1on and ro~ 3~o!'~n&, !:1arketlng and ':re!lsjX)rt~ng the products the:-efrom, such use to b~ '::onduct~d under conditions of ~east inJ ury to the surface of the land. It 13 agreed that if Lessor owns the tit~e to or an 1~te~e9~ :0 t.he oil and gas 'under- the land covered b:,t this lease les5 tha:l ~he '1ntire mlneral'1nte:'est, then the royEilt1es and rentals here!.!'! ~r'o':11e1 for shall be ::"educ~c! !Jr-oportionately, 5. f..!l :'o:Ja::'~'!s due Lessor shal:!. be pal::1 !=,~:npt1y anc ~:-:'..:::';'~ 1n accordance '..11th acceptable practice of the 011 and gas ~n:!us';':"':.'. -:ubJectJ however, ~() accounting and audit. a~ the Leaso:' may re asonab 1:' r-equlre. ' 6. !.e:l30r or' ~~s authorized representatives or asents shall .a'! '111 reasoneble tl::.es have access to the ./Iells. glJ\lge books, oil and ~~~ meter", tanks, :--ese:-"}.;)irs, sump holes, bu:.ld1ngs and other struct\:res and applian~es p)ac~1 upon the land herein leased by Lessee. 7, ':'!1e :..~s~:.., 3:~O~~ have a first l1en upon all p:--od'..:ct;~C:l t:-on :ht' 18:'l>js :!"'5~ri~e: '.:: :::x!-":~bl'; A to sec'.::'~ the pa::r.:ent o!' a:~, '''::1;:''.l.~1 :'<i::'!!.':.:" :lord .,~n-:r' ~1..:-::; ,,):~ ::,:~:~oe1 that J:1ay becol!lfc' due urtde:-o ';h:: ~'?3~~1 ',r.'l "':',) !.~cl..::'~ I.e!;~~':'~ ,per-:'o!"::;a.nce or it" ob11gationc under- "':h~:: ~"'i!l~. .' ." , , 'r ',' " " ., .,' CO) '", ., Appendix V,G.4 Order: [QuickView] Doc: 2.01Ijl2086IEPIOR,11668.1358111Il-12086 Page 4 of 15 Created By: andya Printed: 10/19/20074:59:23 PM EST . . .- ., ',. . ~f., 1~6a,.~b6Z 00" .".. .. ." I .," :', ':.;..... .... .:' , ", ... " "'". .' .' ". .. 8. Lessee shah hav~ the f.lgh.t at 'Il1lY .time wt)11~ thh~ :It>'a:w' l:~ ;'; ,force and erJ:'ect. or w1thin' a rea.on'able time after the expIration '. J' thh leu.,' t9 ren;bve..all.,proper"ty and fixtures placed b;y Le>3&lIe on" -the land COYe'N'd here-hf, 1n~:.ludlng the <right to va",' and '\-elhovl!" /lll' ca81n~...' -proVIded Leuea'haa- cOrhAJ.led .with'all' 'obll~t~on~'\l:ndei. tt:~:i "1~.B8e .at . t.he. t1'me 'of .1I~ch remova.l: 'Lt!'aaee- slTe11 ,.e! t ore .th"~ pt:Or-l"rt;,' . .to..~te ,forme'I:, ~c.on.dlt1.J:ln ~njSof~'1":aa _~h.1s .l:s..aeemed p,rllc'"t1cbbll; .up'on the., eohol~a1on of .dt:'~l1tn8 or '8n~ othe:r o~,ritlons !liutt:J,>.r.l'zed b)' tt.l.s l~li.e "ugreellMfnL .. . . '. . -.. . . . 9. The lease contemplates the re88ona~le development or the productron from the described land in Exhibit A. Includin& the drilling or as man)' wella 8S a re85onabl)' pl'udent operator would drIll under the same or elmil_r circumstances. tn the event production 1n . paying quantities aho...ld be brought 1n on adjoc~nt land .draining t.he . le'.~d premla~8, Lessee agrees to drill a~ch ofr~et wells ,as 0 reason- ably prudent operator would drill in the same or si~ilbr cirC~m$t8nce:- at such locat1ons required by spacing regulations adopted by the ~tate of Florida Department of natural Resources, 10. A log ot each well drilled on thIs le8se sholl be- !"11ed with the Lessor at '!'he Office of the AviaUon Dinctor, l~lami Inte1"natlonel Airport, within thIrt~ days arter such well shall have been coropleted or abandon.d and the correctness or ~uch 10e mUDt be sworn to by Lessee) ltD agent or dr11Ie~, and 1t must be accompBnled by a plat show1ns th~ exact location of said well. '.' . " , 11. Lessee 1\5 hereby given the rl&ht to pool or COllblne- the acreage covered by this lease or any perta the~'eo!' witl. other hnd, le8s8 or leases 1n the lmediate vicinity tht>rec!'l and wh~';he:" .rtDte land federal land 0:0- p:-l \'ll te 1.)' owned lC1!ltl, -"llon l'ea.:H'lIl1l'l;: [IC"("C'sCOi:O-;" to c~nrorl'R '11th dr!l!~ns units establ1r.hed b~ the ~tate :'~ ::'~"~'~.':i'. DepartJ:lent of Ilaturr.l Resources Qr to I:O~I!"O:;'r.; ',:!.':h .m~' ,,<"O:-.!1:W ... 1ntegration order' !.!&ued by suo;h departllien~. CperDtl(m~ !'"or dx'~~l~nc, reworking or production 0:1 ,,"ln~' pliTt or.:! ro.,l~':J unit CO:1P!)ct'~ ~n wh<:-lc or in part 'of t.hl!' ~~'~ld cOl.'el'cd he~'t!b:.' r,~.'l~! l,t;;~ ~~":;~:lc~''l'd '.J:> t.io:l'I:'.~(":1t fa:" dr'111!1IE', !'e~".:-j.:~nG cO)" p'c.rJuct~on C>I~ ~,.:d c;c..\o('I,.!r! t.y \:.:-.!:' ~(!;:.70~ n:.::! the ent1re 8cr~3t'!' .:,:,r.s~~~lIt~nE: :such t:,,~~ '_'~' 1Jli~:':' =~H:'!.ll>(' ~r"r';,~~,l for' all -purpose::> :,;: ::~ -:be same Wt!l'j!,o ~r,cll;itl.J in th~~' 1~;1::~, ~:-:;:""~~ that in lieu of tho: :"o'''81ti~3 elsewhert" 11'::'~"'~:1 :;r('.c:!!'~,,"'d, ~~!".:' ~i_~~~ receive on produ~~~:n 'r:-c:n cac!". or ~:JC!. '.::i~' ~~ :".,(~ ;~:'-:)f.".::'t~~I~ ":!.,~ royalties hereo1n :;;:~r~13ted that Hie- amoun<;; cf ies!Jor':; :JWII"I'::t:~;. ~.. the. J:lineral lnte:'e::i': 10 the- "c:;"2'''C~ plao:::eo ~n '::he i t;!.~'':~':U!1:' U!i~t involved be3T~ ':.c ~:.-:'- ent.l!"e~)' o~ th('!'l::~:)t::.:\:. ll'.p.t."=-"':.::~ ~1I ....:.::~l -,:.. ~~~~~ti~~ :H:~ 1~~, >~~;: t~~:~~;nl~i ~~;:~.'.:;.::~t:'~;I~.;' ;:;:1:,:.i:~'! :~::::~,~. ~:; liable for darn3C:~' !,.-; tl'IU::.t!c ';);' r.lar!ne ~::-_., .(;~~--> :..t.., l'.,;J.., ;.... ..... public or rrlYa~~' ,:'':'lj:t':'t'./. 7iH: Les&f:l." ;-~..l~~ II:: :l:~("; 1Ih;: C':<:I:'.:~I'_':"::' matter to en,:.,:" (.'t. '!:,:"1act~ :In:1 :1!nt'1'31 C":' ~':..-'::b::lt":'-:-":'::'!Il:- !"":~"!~~:.'r.. Pro'/ided, t.-:.wo:..,d:o-, .t~r C'';)....,n~:1'; o!'" :Jt'or':'!...~.. !~'ll !'!.~'.:: :-:,,!: I;" "if::: 1f the Lcns':!'e e$,::.".:::~h"'.' t.!..:tt ":!w prol::l.:-": :::,::-..,:.;",. (.':. f"!".:. pollutinG t:ondltll):, ~:a:' t.!1':: 1'12::U!t 0: ::':.': .' ~!.' :'''''::. '..:~r.;': (:!) II ct. /..:' w:t:"'j {l) ..~:: ~;,.' (.I!' C.t,.:(! :.:)~;t'lI t. ....:. !.... .... :'.' ;", :, .'. ',1 . . , . ; :.:l MI 'l~' .;f :11"1'1, :!l!,..h :"t:'l~: ":::'~..,.~ '" ;"....l:l .~. ;::- f?I..~:.-:-......l;oh. ,.~ Pxc!::;~:.:,.'l:.. OC"::I:.! :...l 1-;: ':." .:' 1..:..... ,.' n:!::;:'" ."!!l....;. :.hc ~1It;.t..:..,"'.nr1ull ,." :,:-:' ~.';".,:. .""':I'~'::' ~ n ;,1) .:.. "to ...',: :';-: "r. ....~ I, . '. :..... , .. .. ., .;.: I '. :.~;.. ;:l"".',:; :. . to.: :,.~ ~ ~ : ,,- ;,; I ' !. '!'" .., '.. ... ~. 1.1. ;.,.: :-." j r;' : :".j I: .;.1]. .. . , '...... , , ' , , ' " !l: '. " " .. ~. .. .. .,. " .. " " " Appendix V.GA Created By: andya Printed: 10/19120074:59:24 PM EST Irder: lQulckView] Doc: 2.011112086IBPIOR.11668.13S811 \15-12086 Page 5 of 15 . ..:. 'f<;~.~.. i~-." ' " .' " .' , ~;!H668:itT363 . , . . '".' .' " .: ~. " , 'lZ..C?} The Lessee snal],' r~port. to :h~ Le-sr.c:' .:.r.~ t.Cl ~'!,l' :....~..1l.t:1;J:i .of Interior Resourcea, all spills or leakage of oq, gtt:;;. or otl.l::" .p~tJ'o\eu1l1 protNc:ts.,. or other wast.e mohrla1; nnd an~'.'.:such. GrIn \J~, :.leak,ge >>h~<;h oannot be bUlleOlatel)' eontt'oBell shill! be rt'Pcf'te.~1 to the- '8'ppropr1ate .federal :age-np,y and' tile. Dl!l1S1on'Qf Interior ReD'ourct":;,' .Depar:>tm~nt. of lIBt.~!'l!r.Re:sou~9~'S" :-' :..'. .. .' . . . In the event or assignment hereof 1n whole or in pbrt, tn accordance wi th the pl"ov1s Ions hereor ,. .1!ab111 ty fol' breach of any obligation hereunder shall rest exclusively upon the o~,"er-or-.th-t~!e8oe-. ':)1' a portion therec~, whocomrnlts 8uch breach, !!' th!.:;; lease h aS$lgned In accor-dance with 1 ts term5 tl5 to 11 sel;:"I:t;atej port1ol~ of ...he land cOller~d hereby. ~entals payable hcreWlder ~hr..ll be apport1onable os between the several leasehQld Qwners rotnbly on an hcrellge bIJsh and default 1n rental payment by one shall not affect the ~1ghtD o~ other leasehold Dwners hereunder. 1&1. ]f Lessee 13 unable to secure a \'&11d dr~ll1ne pel'r.t.!.t to drill a well, 01"' 1!' by reason ot war, lDbo!'" t I'Dub lell, Clr leek o!' Rister! a 15 caused e 1 the r b)' the cxerc 1st' of governmental Quthorl q' or by st:"1 kt" I lack of labor. o:~ t:~ansportat1on. or a:s II :-esult or flood. stOI'n:. fire or blowout) the LE"9~'e"" 15 prt'vented fron-, t:or.lr.ll:nclng or comr,l'd,~nf. operations ~or the :!!'~ll1nG o~ any ~ell or wells 1" :Jui:'ed undef' th:'~ le..se) then the t1ne:lurlnr. whIch Lessee ~:. 50 pl"e\:ented from ca:"r~'ln& out the terms of" s:l':';i lease shall not be countt:d aCa1nut L"'S8~'.' and !...eS15ee shall auto~a~~cally have the ccddt::;onnl r~rl\.:d \dth1n ~;:,~'.:t', :0 comply ~lth the te:'r:':s of' this lease. In th~5 connect1.:n. :'O::::l:'::'.' 3hall 8t all tlrncs be r(!'1::~I'l!d to usc rel!t;onnble rl.!.llrence to e\f'~:,co=r.t. ~uch difficulties <'is f-':"ornptly as tht' c:!.l"cumstnuc,::,r; w~l~ ?'...:"m~t. 15. If th'." ~.'1!,:;ge r.hould ra1: OJ' r'c~us,:, tc. ::.<.l~:'1' ;:::"1:1'-.:11: <.!" ~ll:: S\,;.r. due eithe!' a:.l :"<".'::<:al o~' z~ut-on gat, :'(;:;:l~'::: .." 1":,~:; ~t'll:~e c.::. ~'I,):' royalty on the pr-c.d'.Jc\:lon \':'~hln thlrt)' J,(:~' 31'\\.':' ~l ~:i:ltl} t,~:..:-:::~ d...~,. 0:' 1~ the Lellsee 0:' !.ts <luth~:"'l::'ca agent sl;,'jltl ;'o:'.:'i:~nl:}:" ::;:j;:t' :,!1~: !':.~='"t" r-eturn or fa !se r.~;..r.-:,:, concO:':"ll:':lc. pro~~lel :...~. :"J;.'~' :'::: '::' l::':.l: ::,-,:, C'l' lf the l..~s::;ee sho~I!'j fail or r'c.fu:.H,' t,,' tl,.~:: 'In;: '::~r.e': ~:(:l: ~.:' ;~.:<.:~. ~~ ~~~d ~[:~; h o~o F~'~'~~~ :~~~ rJ ? ~::: 1 ;. Q~ !1~n~C'~ ~~(' :.~. ;:..,~ . :;:: :.__.~..;:; ;~.;;~: ~ ~~!' :.;' ~~.~~. ~.~ ~~e~r~hr~ ~~_~~~:.: ~~: ~~:'~~~l~r;~ ~:~;~~e r~~:'_'r~!~: ;:~'.;":~~;.~;,~~'~:_~'-; ::'.:'/;~~ ~i:r ~.::.:; know1ngl:,' fail o!' !".'~:J:J'1 t:> f',:~'n.!.sh tl.,-.' !.:' .:.'~. .1I\.'....'..:....:.,~'_..:,.:.-,.;,..:,.:.,.,'.~. hare1n, or ~f ~('r.~c"'.; n:::Jl:! ~!.,)'.dncl:.. 'd.~..;.::.'. ',;,:: prOVisions or ~'hS: :o:tn::;c ::H1d ~!H.luIJ Lc!,::L'.... ~;.:1. ..,'::!.!.:, ~t,'.:":' a!'ter wrIt-t.en no';lc': ::c :"\,':>:>,H: tly Le~3t.l' ::......:~-:;:-: :;::' ~!;(., 1~;J'..~\':'.. .. :(' Hh.leh Les&o:" conni'..!':!'t~ !..'~~'::l':in ch..f::J\:l.... :~ ~:,k.:. 1,,,:.::.'!.';lJl~ :ll~" ~~:e~~s:~~; lj ~~~ ~~:,~..~.; ~.~;. ;~~ ~~'ll~~~ l' :l~'~~~:; .~:,~;.~ : ~.~~~::; '{;_~'.! .:. :: ,~~:~::~:; . ',! l": lease to the h1~h~~': bt"H<:r', U~.'Jr:l' l;ht' ~:II::'_' l'(~":l::,'..'.,':i: "':~~l.,.,.~l:.,: ~::: 1 ~f~ ~i~::!. ~~ :~~"r'- ~::;~~::.~;:,: "r~~~;'r,~;::::'~:: :',\~:;"::,.:- ',,;,';:: ~'.:'i.,',::, ,.. .' ',n'.~ rve-n{".L l~. ::(I':.~I~~t,~',,':l'HIJI. ~I:I:" "J~ :!.I.' ~:,.~...::.'. ::.:.1on13 c:r)nliJ1rl':.j :!, ~!':l:: ~'.':I;~"1 ;.,!,'_.::>.I I:...'.. ".:. ".he r:.....J~~,~"'IIl:- ':' ~h1~ ~'.'~.:IO:- 'ol1Lh ',11" :',:, .n.: ':>j)e:':I'.~C'lI ~,~ ',:..:. -:-t, 'i,'_' .::.....:: ;:\.:...... :.~~...S:i!Qn:: '.:: :;lll.': ,.,.; :;b,111 lI': i::.!:.~l,..1I :::' Ii:., ' '. n ;'1 ~ .;' I:.:: .' .".'" ~.: . : '. I' '~, ,. i: . . ,. . l : . . . . . !' : I ., ~, .. . .! -:, . . L '. 1,,', !I.I ..1. ':." ::'!'. .' " : : " ., " , .. .' '. , , , ( ~;.) '. ,,' " ; , ,. , .. Appendix V.G.4 Order: IQllickView] Doc: 2.011112086IBPIOR.11668,135811115-12086 Page 6 of 15 Cre,'ed By: endya Printed, 10/19/2007 4:59:24 PM EST " .("' .~r.1 ~66B ~i36f, " ..!....... .' .. 11. ThelLe.aee .3,0'108 1~ ~h18 le'alle for the purpose of I11dlcut1nB It......tl!'.rit to.l'i tbe tl!I'ma aJ,ld. pro.vhorlll ~he~~or I and "1:;"(:>(."8 \:.0._ b. bound :hereb)". . . " . . ~8. All te.ryn'.. and ~xpreaD..or.llDp'led cove~"hi8 or"'thJs lea:se . ~hBll ~e 3ubJe<tt: to-.all 'Federal and-Stete laW9, C:"JI'ecut1 \'I! Ordl?l'~.. rulaa . ',or Jl'eSulllt100a, -anti thls'leue' aha'l~ not- be'teJ'mlnl:lled- th tthoh .or In' .P!lrt'~ !lor .Le.aee held. 1'1 ab-I e .1ri..da.rnl1ge.,.~for ral1ure"to,corwply tle-'"t!''fI~h, "" lr:eol,llp;Uanot IS prevented by, ~r.lr 'UQh'.fnUure to the"repun or any 1 such 'law, ,o.rder, 'rulff or. ret':llE1t:J~n. '. .,', .,' 19. Leeeee ahall, on or before nInety days ene-I" e.ach ann I verser)' date while thl& leaBe contInues 1n force and effect, file wJth lessor a notar1zed report a8 to the olatus of oper8t~on8 the-reon. 20. Pr10r to the t1me that the Le8aee minos. dr111e or extracts i;n 8n1 manner. pet.roleum. petroleum pJ'od\lcts. gas, sulphur OJ' any mineral from the land covered hereb1, Lessee ahall deposit with the Le.sor a surety bond In the amount of t 100.000.00 from a 8uret.y cOlllpany authorized to do bU81nl!3S 1n the :';itate of Ji'lorida. The bond ahall serve a8 security and ia to be forfeited to the tes.or to pay for any damages caused by mining or drilling operations of the Lessee. DS.lIsps all used in this section shall inclUde. but not be I1m1ted to. air and water pollution, dostruction or wildlife or marine productivity and an1 other damage which impairs the health and general welfare of the citizens of the State of Florldu. Lessee shaH pay the premiums for Bald bond 85 they beco~ severR1Iy due and payable and rUrn18h Breed ptttd bj 11 thereroJ"- to t.he Lessor. 21. That Lessee hereby covenenta and "grees Lo !nvest1gate all claims of every mlture at its own f'xpenae and to indomnify. protect, defend. hold and save hermlc5$ the LeODor from an~' nnd all clolms, aotions, law suitlS and dC!tnand>> of .my kind 'OJ' ntltul'C' f1J"''Islns out of th1s lease. 22. Lessee moy conduct [:N:,'rh)'1'J1r.1I1 t.'XI')ol'otluu on the lands covered by thh h-ase. 23, Prior. to procedlng w~th tll'.- r,t.'C.'T_,hyr.)cll) '""T'lor'nt1on, t.h<- Lesaee shall srJ"vc r'ensonnbl':.' not!c(' on thr J.to,:~r.w. ":'h~ r"(,Ut..;. ~.o t.f' taken by the geophysical ere't>' Clunt !'Il':~'. br' Ilr'I~'('-.''',J t:.. tho:' !,{'r,:'.Or". If areas of va]uabl~ or t"ndu!I(.(.o!'ed :'IJ:~.d"'r. !"I~' \'{'t,'l:l' :-:m ('t. ",'1~1!1~(' would be dlsturhed b~' the J'ror,o:~r.'d I'C'U~':' C'~' rN'f~';::'~("',1 (11....r.;I!.~,..m.. t.he Lessor nl&)' r<'1u1r'(' r.t'ro:..ut.lnr:: o~ t!l(' r!',t~; "!' ,~~'1:1:-.:1: !on o~ :.~t" d~rnag~d oreu IIecordlnr. t.o It~ ::j'l'!I': f~(':ll i',m:. 2'1. All !>fflsmlc ::hot hole::., wl.,.tht'r !'(.r !.!.-:,:.~,:" l'-:ln Qr re~'lC!c- tlon technique sh811 lit.' dl"'!) ~t..d ~u~'!'J dr-fit ly 'J....f. . (- f I'..\'!.'n\ \mdur' . . surface craterlnc and cnn~C'qll(ml dl.:n:Jl"t> tt' \.!It.. r.U!':'':'~;:l'llnr. ver.c-t.bt 1-;n and wl1dll fe' no Durfacc Chltl'f~t.'l; ~hn 11 br.' rar'rel ~ t '.-:J nHd 110 (')epl0:; ! ont', unless sot ofr 1n gl?Ophy:d enl \.ubIng, nhall bt. :'It..t orr on thE' bot tOr.lfj or any water bodies on the loaDed premisen. 25. The LesGee shull take all rea,::onobolC' F,'o.:c:,utlons der.iJ:;ncd to prevent the etartlnc of r1J'e~ 1n areas of r;eorh:;r.I<'ul or other os'ero- tion8. 26. Le~see :hall comply wJth illl ,'ules uwl J'('r:u)ntlontt of tht' FlorIda Dlvls10n of Fore.'stry, the Florid:! Gomt. IW'.I !"'l'(,'uh Wnf.l:'r Fl~h Commission and the United !;tate:" ",un'nu n!' ~p<"J': P~rh('r'H.'~ And W~]dl1rc foJ" the pJ"~tecUon of V"'F"r.to1.!OJl rmtl wl1r1l1!'t., '-!I~' ...,~1lrul viol~tSon of any of ",hid. shb.l1 c"'rl:-.I J:'U1.~' r'IU:'I' ,!'or tl'rrn~'H,' ~~.u o:.-!' ~hl:o h.ar-t., Le'ae~ o@:rll!e~ tGl ah1dl!' t.y fill f"7.'Bl1nr. Federal l"_tntutt":;, rul!'9, reF,u; lations and gu1de-11nes rf;'r(trd1nr the.' (.'xrlorot.!on "or nnd rrodur.tlon o. 11 gap. and m1n'eral& 9pec1f1cnll:,' includlnc: thf' rult'r. and rer,ula- ~'1()~a. 0" t.he naUor\al' PRrk !;.erv' ceo. r.nvl"rn~nr ~:on-Ft'd~~nl ('1,} .mn (';,,:,. .actl"1t'i~9,.':lt~e,'3(' .cFP.'. !"n.l"li. ~'. !':l:'t',p,rt ~. 'f':: .tt....:r..~M'. exj.".tf!d ~,rr ,'. . ..', ',.' . . " , '" " " ,. " ,. .. ,< , " (i), ". , ,. " .., Appendix V.G,4 Created By: a.dye Printed: 10119/20074:59:24 PM EST )rder: [QuiCkView] Doc: 2.011112086IBPIOR.11668.13S811115-12086 Page 7 of 15 .' '. (;.". . .. ," 'Ji. 11668 ~ 1'365. ,", ' ':_< 'oetot:t--r' 5,~. 1ge2. In tlle:;~ent an~' stich sI8tUtt"~ r:U]C~:' I('CUhU(J:15 0)" gu1dr)1ncs ore ~ulls;'equ~nt'];\' ,c},anped ,1n ~u('h a'rll!",lC1n OJ'S t'o r-cV' de .a,les-seor lScGI~ce of pr,otect.,lon to the t:.'ilViror1r/l{'nt. 1.l"~~II,.'C' ~).8,11 ~ - . :.-. notw1t~st.andjng ou~h changes.',cont1nue-" to. comply with t.he'requ1J'l"IJIen'ls' of th~8e .~tat..\lte8J rules, regulatlbns and 'eu1r10"]'lnes 1n e~l~llmce oil .oct~lb.e.r 5; .~982.. LC!'uce'sh,8.l..1 pbt.Aln ~ll pll"l'mlls .l.l-qui....."'d for Jts' . operatIons, 1n Daljle County. , ., . 21,', Dr:Hl1ng PPI'IIIit,a .~nd (f('tjvH~Pf ~H81] be ~ubJe-ct to the ,8Upf.-rvjsjc", oj" lhc'Oq <rn_d.Cbt., Itdlillr\lstr.8lor' of'.the.Fl,o'rj,C\f:i r.$'~;'lrr-t.ment:- .' of: Uatur.al> RC5CH})'?!&..'and- 51HII11 be ~ubJ'_t!et" ,tq' \.t,~ $t.i:Ilewlde .':Gc!'tlC'TBl :." .Rules,,~n.f;t Re'[~latlon8 GOVE:'l~njng the Con.sErl'vat1tJn of 011 and. n~8 'In' I ~loJ'ld8:" . . '.',: 28. The locatIonl preparat30n construct1on maintenance, and restoration 01' the 8CC~88 road and d~il1 s1te Sh81i be accomplished to the satIsfect10n of the Le~sor 1n accordance wlth the following: ("8) The locatIon and construction plans of the acceas J'oad ahall be approved by "he Lessor pr30r to the cOlllmencement of construct1on. (b) No construction work shall be undertaken without approval of the LeS8or. (c) The drill site must be apP1'oved by t.hl- Lessor before clearing of .any Bccesa road or drlll1ns sHe 1s done. Les:see muat notlry the ~~aor of the tentative aite 1ocatlon so that a repretlentative can inspect the drill :-ite. Drilling in or with1n 200 yards of a river, strl:"<!m. ]a~t". ~.ond (or the nood plain t.hereof), Gwamp. s:1nk. or drain. rhaU rt'Quire :;J1~c1aJ approv.al by t.he Lessor. if such ar))))flS .1:!' not proMblted by ) aw. (d) Lessee shall r~:;tore the drill site and access road 1n conformance with plan fubmltted to and approved by the Lessor at the time of &pJ.:.ruvcsl of t.ht' site tht'I~t>Or" ~t~s"oreUor" .shall meet wlth the approval of the Oil and Gil:S ,.dministrato~. Elnd ~he- Le:.sor shall be noti!"led ..d1f:n 'l"j"stc-,:lt jO!1 I~ ~ornr]!!'te" :t"~ 7h(> ~~~~ o~ tt:l;- cl.."'!l] !..::t. ,!.;,.,: ~IC ':'>;:'!~.C:: ;0-"::' &:.:.t.~. ~r. l:-:'(!E un]f'S!! a laJTer' ...re!:l Jr- ;"J!".~~~:t:"f. h!l::l q.i:'('\'cd In ~::"~: ~~1i; b}' the L":t.zo:r. (f) ':'he L.P.SSt'e- ::.h;'!ll no~.l !). Ih(' :~'!~,.t'r ,,~\ h!n :.:f llou:'!' Eo!'te:o n.f' ':.{.!.~.~~;&~~t'ra r:" i!"~)l:nr fJ....:,: ...." '." :~;{. :J:,nJ f:~('." (C-' :.~!:.!':-'f' ~:,;,. t~on~ c.!' :),t'" ':-:1.:-: anc! wl1dl1!'f'. ..' ., l,!:~ ..~.;.:: ,-- -~ . ,. , .;".' 29. Leesefo' at"kno""lt'dr~~ tt:lI\. U.:~ ;,~I,:~'~' ~~ r::t~:)E' ,'lJl'.'~CL- to the terms, condit.ions and ob11rrltlons elf the' ~:,l(.!"t.lhcie~ JE."tr,ort Pact, dated January 16. 1910, as heretofore amtmdcd and as ruay bt: ht:'rea.."'t.eor amended. It shall b~ the obl1gatlon of l~t- Le~r,eE- to s~C'ure from the Untied States Secretary of Transportation and the United States Secretary of the. Intedor. acting on behalf of the Unit.ed States .of America. written authorl~ation and ratiflcation by lcttpr approval, within n1n-:!ty (90) days from the- date first f;~t. for~h 1n tll1s Lease. perm1tt1ng Dade County. Florida, as Lessor hereln. to enter Into, perform and rulf1l1 its ob}lEa~ions Bnd receive Lh~ henefit5 unri~r th~ terms and condItions of th1s Lease, notwithstandinL Bny terms, conditions, re- straInts or obl1gation~ contained in the seirl Jetport rnct to th~ con- trary. In the event the uid Unlt~d Stltler. fe-cl.t-teiier: of Transpor,;a- tion and Inter1or, respective.I:.', db not r.rant :1".1d, ~.'::,,~-:.ten Quthorlo;:.lition an~ tatlf1cat10n w~thln th~ said ninety (90) days, then this ke8S!!' shall be deeme~ to b~ of no further rorc~ and e~recl and thfo' cash cons1deret1on paid by, Letisee- to Le5~0T: ~hal~ be repaid; l>j' Lessor to Les,!;ee, ~d th~.s Lease shal"l 'b'e cancel~e.d without further' 11.at>11.ity to e1t.her 'pa~~y ,hereto,: . . ,'. ,', ". ~ '., ;.;, " '.' i' ." , ~ , '. , .,' .' (B)' , . " .' " Cr.ated By: andya Printed: 10119120074:59:24 PM EST Order: [QuickViewj Doc: 2.01111 2086IBPIOR.11668.13581111 5-12086 Page 80f15 Appendix V,GA ,\:' I ~ ~ .,'.'".., ',,' .:.... . ". ~::ri~6B ;t'/36B " "f' .... " ". ,. : .~\. ,. " .30. It. 1s un4er8toO~:b1. ~he- leaaee t.ho" the lands dviorlbed , 1n EJ.hlb1t "Au, atcach4.d he'rt>to and ...ede' a: part ti'ereot, were acqu1red .by, .le.lloi'. foJ" airport purposes and ~hat. pur.s;.ant \9 the Everglades ..1 . J-e.tport. Papt the Us.e thereat .has been rl!stMcted tb, the const-Not1on. . an~' Inptalla1;1on Of.8 s1hsle.r.un",.y e.nd 'aXl)1ay, cont!'C!l 1!owD.ran,d ... " . 'ce~t8.1:1') Berla.1 J;lav1satlon s\\fstema' all -to be operat.ed _,nd. utt.d"qolely . .for a1:reral:t t-ra1nlns, .n~. ,tranaltlQn put'po.~s. . .~t tD .rurtbl:T under~ . '; stood' by' 'the les.ee t.hat! the .costa l)'( aCClu,i'a1tl'on '0'( sa14 1anets a~d '. ~he' exist1n... ~_onstructlon. 00 the 'portion t!":..re'of br. tHe raalptles' : mentioned above were funded by the proceeds of Dade County Port Author- ity ReY~nue Bonds, preaently out8tanding, wbioh.wc~e 1ssued and are secured by A Trust Agreement, dated ootober 1, 195~, as supplemented, b~ and between Daoe County Port A~thor1ty Bnd the Chase Manhattan Bank, 88 TruBtee, aDd the First National Bank at Miami, 88 Co-Trustee. The ~ea..e agree. that it w111 not exercise an~ of its rIght. and privi- legea granted her.eunder in any .anner which will constitute a ha~ard to or ~dve~~ely affect the reasonable develop~nt and use of the lands leese'd hereWldl!r tor the airport purposes for which such lends were acquired or aircraft oravistion operations now conducted OJ" to blJ con- duoted 1n the future on or over said landa. .31. Notwithstanding any terms, provisional conditions or covenants contained hereinabove to the contrary, thIs lease shall terminate not later than th1rty (30) yeers from the dote fir~t set forth 1n this leese. DADE COUNTYt FLORIDAt through 1ts 80ard of County Co~missione~s , actinc B~' /;::~ ounty r"anr,re-r WI1"'S!!. '7 Lt.;,,) /2.. ....7":~s.:': ..!C':U"P.~~ f. cRI::,:E? CLER~: ().'/..... .-d-<'-d.-<.-J . ....; .peputf CICl'k ..' ."'..i '. ::, .,.,'..... i ~ (t:t''J1\';:: 5~a1) :J ,. ......1 ............... :"E:'.;-;E.=. : 5:,' Yr)c{",-,(~;\. ~. -"'la.,,-.~ , HWIES , 11U()11S. " Qm.u,,1 l'artJ.....nihip ~~.af ~oy J. 1I~1'".:~d ;~' ..\ c~ 1L ",. . -.~.. ~' OJDLL-Y J. . r cr . "- '. ....f'. f,',.,. " .' (4J)'. , . .' , . .' " <, ':'. , .' Appendix V.G.4 .)rder: [QuickView] Doc: 2.QIII12086IBPIOR.11668.135811115-12086 Page 9 of IS Created By: andya Printed: 10/19/20074:59:24 PM eST . Appendix V.GA ,.-..:" ~::. '11668 ptT367 . . - ,- " .' ," " "'." .Pt .... STATE OF .KISSISSIPP," ), . lXlW1Y Of' HIMlS I, '. . . I, R. . La/M.r 'Miller . 1\ 'Not:.axy P\iJlic in and for said' C:ma,ty I. and-Stat",.c:to.hereby.cart1~ th,at: W'CI:m J. fI!.GIES. p,c:donaflY.~ to.pe to'be ." . . I' A General Parl::ner in'l-bghea Co lilJ9hes; a GlIoeral Part:nenhip ccapoaed of..Dudley J~. .. fh9p~.and'Dart A,Hpps an~..~ a!I.~lX:f1'~~' ~r B)CI!IC\ltec\ ~ f?retpinq , ,'., ina_t en .this day and '_lodged. be''''''." "'at he eJ'OCuted ...Id, lJ1sl""".,*. . '. . " - as .ucti General Pa,rtner in the "naJfe o~ BOd for ~ -QI\ t:JGhnlf of. sald ~ip, . friMtly and":\'Ol~tarli-ly for -tJY! uses and purp,aes thetein expteaeed m:d with full outmrity so to do. . "l.1K IN -&"-' whe.-eof, ~'day of I... ..... /. I have hereunto set my hand and official seal this , 1982. /~~<'u. '. " '. , ." " Order: [QuickVicw] Doc: 2.011 112086IBPIOR.11668.135811115-12086 Page 10 of 15 Created By: andya Printed: 10/19/20074:59:24 PM EST EXHIBIT If A" ',' .,...... ""1'/66 . . "',,'. '. ~~I<Bj,jE ,nE.s~RTrTIOII. BY S'EC~IOJ;:~ .' , ,1>-::.,.'."., ~;It /.~68, " : '0' ',".. ." " ., . '. .'.', ." ',' . ,.",.' '. .,' . . .' Cro?~'SurtBC;~ /tcros. 8!'d'.Corrupond\ng tJet..r.a.n.~&l 'Aer&&,::' .' . T6WNSHIP 5'2 SOUTlf - RAIlGE 3~ EAST. COLLIER COUNTY' Seeuon \'J Grbas Ac res .' " . .2~' 651.19 22 6~~.oo 23 ~. 6~6,81 .' .2~ '. 6n.66 ... "25' , .. ,.' 6~ 1. 86.' .26 6~~..57 27 6'~7. 62 28 6~8.25 29 (S/2) 325.57 32 (Nn) 32~.51 33 6~5.90 3~ 6~3. 79 35 6~1.68 36 6i9.~~ 83.3. ", het 'Uheral Acrc:u H2. ~O' It~ ;~~ Hl.10 . ,1fC.,2' 160..~. 1(.J..11 , 161.90 162.0(. 8J.39' eLl; 161. ..e. 16~.9, . 160. <2 1'"9.0(1 20~.. ~J TO\o!llSHI!' 53 SOUTH - P.A!JGE 311 EAS"1'. COLLIER COUnTY Section OrOSl5 Acres !let J.\1nersl /.Cl"1!3 2 o 8 (11/2) 10 12 1< 16 639.26 6~2.98 325.17 627.70 626.06 535, ~O 710.27 '*20(... tl~ 159. E2 . 160.7;. . e1.29. 1~f.9:i. 156.~~ lS~. 85' 155,1: . 1~29. 2~ ~:!..:..::,,:::! :-..:..::OE ~l, E;':::-. CCi:"':':::!~l! CO'J:J'E'':" $e-ct1on G:,,:)cs ;'ere3 !:t': :';!n~r:,: ;,:-:-11<:; J ~1,3. ::. r:- :!I, 73 3')7 -'2 :;r ;;5 2,;;{' t''" (:19: ii S5!.lG I.E.I;.:l~, t~~:~~ :';: ;. )~ : ~ :'. I;~ (::~.~~ '{.'~ ", 6; i: ~~ t;!~ .;. {d. 5 (S/~) ;; 11 1J I~ T:MHSHI P :.: SO'.;7:! - F.iI::G!! ~5 E;'3'1'". r;.;t'l!:. CO!!!!:'':' ~..illE!! Oroos Ac:rec ~:t:'t lI~nr::,r:l f~er(oo:' 11 20 .2? 3') :;1 :,,- ';37.811 ~.t2. 51 '.; 3~, e7 ::'F.r-~. ;~~!)i 6:;.T. :;.. ; ~:;:- ~ ~ ,;. .. ':""~il.iL_:::"":~:.. ;.:.':'1F. ~r: E;"7, :;.:~~.:..::::.::.= ~':.~ .';:"..~:. ;":rf'!: --- .' ,:.'.:.... ':. ._,_.._~._--- .'.;,'.';(. " ..... ., " ., I . .::' .~-' ~: ....... ". .' .- ,. . " '. ....,. I, ". ...... . , , : , . , -=:./:;:-=~::===.'~.: . " .' ;. ", .' -- '. ., " .... . ...... -,. '. '. .... '. . " Appendix V.GA der: (Quick.View) Doc: ~.OIII12086IBPIOR.11668.1358PI15-12086 Page II of IS Created By: andya Printed: 10/19/2007 4:59:24 PM EST .' ., . " " ~;H f6q8 ;&'1369' ADD~DUM .NO. .1 TO OIL," G^S 1\Nt) MIHE~L LE^5t 'between ' D1.DE COUtfTY,. FLORIDA'. o1S Lassor, . . .ahd HUGHES & HUGHES, os' Lessoe, ..' . " " . This Adderidw'o'No:'I t~ 01i,'Gas'''a.nd'H~nel''i.li Leb.se.,:..~n:terod.. ., into as'Of'thi~'~ da.Y'of' Dec~mber. 1982, bet~een Dado' County, Florida., & politioal subdivision of the St~tG of Floride, as Lessor, and Hughes&- Huqhes,. a General Partnership, composed of Dudley J. Hughes and Dan 1\. Hughes, 1100 capital Towors. J a.cJo: son. Mississippi 39201-3385, as Lessoe, dated as of September 15. 1982, WITNESSET,R1 WHEREns, tho parties have her~tofore entered into an all, Gas a.nd Mineral Lease (the "Lease")- ils of the 15th day of September. 1982, for drilling rlqht9 on certain lands owned by Lessor in Dade and Collior Counties in the Stato of Florida, and WHERE~S, Paragraph 29 of said Lease is as follows: ~Le9see acknowledges that this Lease is made subject to the terms, conditions ~nd obligations of the Everglades Jetport Pact, dated January 16, 1970, as heretofore amended and 0,18 may bo heroafter amended. It shall ba the obliq;]tion of the Laesee to secure from the United States SecrC'tary of Transportati.on and the United States Secrotary of the Interior, actin9 no belhJ,lf or th~ United States of America, written authori=~ti6n nnd ratification by letter approval, within ninet, (90) days from the date first sot forth in thi~ LQ"sc, permittinl..J Dad~ County, Florida, as Lessor- herein, to t!nter into, perfon;, and fulfill its obll",Jtions and recciV'e the benefit~ under the terms and ~onuitions of this Lease, nothwithstandinq any terms. conditions, re- straints or obligations contuinod in tho said Jotport Pact to the contr;:ny. In the event the sald United States secretaries of Transportation and Interior, respoctively, do not 9rant such written authorization and ratification within the said ninety (90) days, then this Lease shall be deemed to be of no further force and effect and tho cash consideration paid by Lessee to Lessor shall be repaid by Lessor to Lessee, and this Lease shall bo cancolled without further liability to oither party heroto.n: and Wtl~nE^S, Lessee has secureu from the United Status Secretary of Transportation and the Unitod States Socreta.t:y of the Intorior, acting on behalf of the United Stotes of Nncrica. a letter datod December 2, 1982, constitutinq their approvlIl of the Lease 1n ~ccordance. ....~.t;h.'~he nTer~ and 'condit~on of 2?"; and .... .".-' ..' ", " ". ~. , , \ , " I Appendix V.G.4 Ordcr: [QuickView] Doc: 2.0111120S6IBPIOR,1166S.13SSII115-120S6 Page 12 of 15 Crcated By: andya Printed: 10/19/20014:59:25 PM EST w." .... ','., -. " , . . i. . I. '" : .~ .. .,' ~ '" . ". 'J .' ~H1668 ~1310 Y ':, .~ ~~I\S, 't~~ '~arfi,~8 d~~ire t'O".lnCOrpOr.ote "t\he ",fore8ni.d let\:.lI!r il'l:to 'i:.he .Walle p{ A part th~roof": '.' . .' . - . NOW, TH~RePOflE. 'for "and in 'considBrdt."ictn at' .t.ho premisos' . and mutual covenants 'qetei" o'o~~dn.d. the' paz:tt~. agree' t.o ~na ..." .. .". '. - ' .' I. ..h,re6y. aU9~nt' ttae. Le~8~' bEtt;W8~~ bliem dated' as df .th, .tSth"day-'" ~i'S~p.t~~~.';1982t '~y ih~'.~tac:bn:li~t' t~ ~h~ ~&a.e '08 'E~):ibit . Ii.'" ....-. -, --... . th~reto of a .t~ue ~opy of the 'lmtte; d.t8d'D.c;~qr 2, 19~2. . ," ...f :' ',. ~. . addressed to the LeaBOB under the Lease, on the letterhead of the United States Depar~ent of tho Interior. Office of the Secretary, Waahin9ton. DC 20240. and bearing the signat.urcs of the Secretary of Transportation and the Secretary of tho Interiot, and its incorporation into said Lealie. IN WITNESS WHEREOF, the parties hereto hava caused this Addendum No. I to b~ oxecuted by eheir respective officials as of the date first above written. DADE COUNTY, PLORID^ ...-C:o'';ii.ii~..... \":'\ ' . . " ,-' "i.... iI'~\' ~. ~.-/ : . -:. " ..; oa1' ..count.y Hana r- ~. _:~.,;,: y ., ._....:-,.4,HEsT:,nICHhRD P. BRINKER. CLERK '. . ~ . ~. ~.. .' ({. ..........br Ii \ III ....... ~ .,t'" Qeputy CLot-I: (COUNTY SF.J\L) Lesseo HUGlIES. il Gcmor 1 ParntQuhlp, of DUdloy J. IhJ hu ~nd Dan A. \ ~~. / - .1;1.. era Partner By f-'2 '1'U~ ,,/... . ;;:.,. ,.'" .., '-/.-r~ ,.......~ ,. ." " .... '. .... .;, .,'.' " '.1.1-;: . , .', .-\. .' ", ... " .' ., '. " '. ..'" .' ',. " j-' Appendix V.G.4 Jrder: [QuiekView] Doc: 2,0I1112086IBPIOR.11668.135811115-12086 Page 13 of 15 Created By: andya Prioled: 10/19120074:59:25 PM EST .. ' i" ., ~... p:!; fl66B tl:'T37r Appendix V.G.4 , " ", STA1B OF MISSISSIPPI COUNTY' QT' HIND.S '. .1: j',~t\~ &h ~ . ,',ll ,Notqry Pubiic ill anc! for . IIlli~ County atld'.St_te~ do h-e;reby 'eaq:1f~.. tllat .OUDt.~ J,' HU~HES'" . p~sona.Uy kJ"l~wn to me tq be ,a. atnera!' Partner i:n'Uughes" 'Huqh'S, a.'Genera.l Partnership cprtlpoaed o'f_Oudley J. Hug:hej," and D"n A. . Hugh,s and who ',all such :Geneb.l Pllr'tner e:xecuted the tongoinq . !hatrument on this day llnd aCknowledged hero~e me that he executed the instrument 8S such General Partner in the nome of and for and on b~hlllf.pf Ba~d partnership, freely and voluntarily for the URea and purposes therein expressed and with full authority to do 80. " '.' ,> IN WITN\~ WHEREOF, seal this ~ day of I have hereunto set my hAnd and official December, 1982. .J1..,'~~J :!).~;;::~'" ) Mv.,.~fiIi'Jl...,.!on expires: , ,..~,~...p....l:: ~ll._ \Q V"l. ,:'''yo ,"t.tl"'.,<;;l\lJ!LJ , .. ;!-lr ~ \,"'" :~J'.(p !C; I~g " ?oX, 1;f,1l'-< !... f ~ .. .... ......4'O-~~ ~.. It,........ ,,:~ "'....'" .,. . "" "'J""'III'I!I\II~ -3- ..,. '''." " \ . .'.' " '. ,,' ,. Order: [QuickVicw] Doc: 2.0jljl2086IBPIOR,11668,135811115-12086 Page 14 of 15 Created By: andya Printed: 10/19120074:59:25 PM EST '..: 'e. '". .... . '. tf.lI666rcT372. .'" , ?.~:': . -~"' H,:Unl.tiIG Sta:t~ D~pa;{~ent'o"t11d~t~ticir.: ".' -.' , \ .' " . . " '.. ~"" ," oFFlcr 0, THE SEci~y' . . .. ',. WASHINGTON, D,c. 20240 ..' Appendix V,G.4 " t. to,- , , - ,. " 1E 2 '9i2 .;' , '.: Mr. D.dl'~ ~. Hu9heS HUGHES a HUGHES. 1'100 C~~l to'l . T"".r. .J"C~I"!l. Hlf.l.sstPPl 39201 . .' 'Dear.'Mr.. Hughes;', We are pleased to respond to )lour requlst of October 11, 1982, for approvel. by tb. S.cnhry of TranSpClrtaticn and Secretlry of the InteriDr, lcting on behalf of the United Stites. of the oil, gls and giner.1 leasl.You executld with Dad. County, Florida. on SeptembIT 15, 1982. .' " . , .. ". " '., ,'., '. " " . , In eccardence witt) Tena and Condition 29 of that lease, this lIttter constitutes our approval of that lease. We are gratified with your consent to Term and Condition 126 of the hase which requires your compliance with the rules and regulattons of the Hltional Ptrk Servi.ce governing non-Federal oil and gas IctivU;1est Tith 36 of the . Code of Federal Regulations, Part 9, Sub-Pert B. including the requirement for an approved plan of operations in Accordance with the standards set forth therein; And with the rules and regulations of the u.s. Fish and Wildlife Service (formerly 8ureau Df Sport FIshert.s and Wildlife). Please initiate contact with the Park Superintendent. Everghdes Hationa) Park, National Park Service, P.O. Dox279. Kom8steld, FL 33030; phone: 305-247-6211; to begin the 36 CFR 9D process, as you have previously do"e for y.our.other operations within the Big Cypress Hltional Preserve. As II part of this process. please conduct early and full consultation wtth the field Supervisor. U.s. Fish and Wildlife Service. p.O. Box 2616. V.ro Beach. FL 32960: phon.: 305-562-3909. SIncerely, .- ; I I ?r Se m-. tary 0 nter or cc: County Manlger. Dade County, FL ".....................H_ .,tIII_,.,n- u_.......n 1UOIIAIUJP.lllflNKER. GU.u C;IRCUII ~ ~ Exhibit "0" . ., ., , ,. .; .:..,' ".", .... '.. L .. .:. .' , ' .. . '---, , .it ," ;.' ~. . .. - Order: [Quick.View] Doc: 2.011 II 20861BPIOR. I 1668.135811115-12086 Page ISofl5 Created By: andya Prioted: 10/19/20074:59:25 PM EST " ". .. . S19sf.p ~5Pl'll ~S' .' . e:9R3! 1939 . " . rct:14243'~ 176 Pl!RSONAL REPRESENTATIVE'S D1sniIB\J1lVE DEED ' .[felllle} '4> . i' THIS INDENtURE ,.....,. 1hI.1.L d.y 01 . o~roth~ D8td'sey ~rown ,19 llJ- .byinilbciwecn T"lV tbe duly qv.ilfied .nd aetlna personal re~Mn"IIYe of Ihe esl_le of H.-tAft W nco........_). .,itccc~d. put of I~ firsl part,' Ind. Dorothy D~~.ey Brown whose pasl offlce ,lddfC51 Is: .1560 N.B. l05th-str8et ,"Miami Shores, Florida 33138 pll'1 of ~~ ~it part. WITNESSETH: Th.t WHEREAS, . WA ~ llin w n.n".AY dlcd.le",llI ucsldcnl O(B.r.aA" f'n...A '".1\1 ~r.Roritkt;o'Olt npr.mhllllr .It ~ . 19 13- I ulmhtld possc.slfd of the real property hereln.flef dtK'ribed: and WHEREAS. Iltlc 10 said property passed 10 !tlc pDny of ttic second part u of the. dlle of sold ~nt's death punlllnl 10 ,the provlslonl'o( .he decedenl's lJasl ~1I1 Gn.d TesI.menl, which WIS odinil~d to '. . probalc ':'1d record by the 'C\rcu;\ Coul1 for Probflc"D'ivlslon,In ClSll No. AO_'l.11:.n [)1IIf'h. Counly. Aoridlt. . . Iubjccl only 10 lhe.rilbt of IhC pirt-y of-IRa fint part 10 Icl.!. or encumber the property for the ~cposc of derBY,lng cl:Jim!l.. caSIS. .nd expenses u(.d'!liillslrulhm of decc1knt's emne; and WHE~EAS. Ihc'p'rly ~r the finl plllt wlsh"e. 10 dlsllibullfsald pnipcny I,D lhe pm~, or the second p~ tndcvldencc 1be releasc orlhc property fro~ said rishllO sell orcnc:umhcr. NOW THERBFO~I!. in conslderntton of 1he rOrcaDin, a~d In eannnctilan with Ihe dillribuilon -of 'che '. estlle or JaMl decedenl, Ihe paT1y of rhe flut pert hllV'e released to 1he pm y of Ihe ,ecoAd piA the rilh110 _sell or encumbcr said propcrty Ind gnmlcd, conveyed Bnd confinn~ \Into lhcparl y - or Ihe sce.ond pII1. ti.r heirs "and Hslan. fo",vcr. III of the lnu:rc" ofsllld decedent In .nd to Ihe rell propcny sllulted in' '11...~a County, Florida, d_FlIiIIl:sCf::aiifalhDa;:: set forth 1n: Sohedul.e A; At;:tached Th\llnfllru~n1 prepared by: Paul D. Barns, e8Q. 1570 Madruga Avenue Suite 211 Coral GlIbles,' ~l 33146' f30S) 66t _0628 Farm No. P.6.oo)0 O'l'h. Florida Bar 1987 . O\!>,;,;. , .;'! Created By. aodya Printed: 10/1912007 4:55:54 PM EST Order: [Quick View] Doc: 2.011l12086IBPIOR. J 4243.1761112- J 2086 Page 1 of2 1'.. 4" If '.~ Appendix v, G.4 . . .'." 'Ill: 14243'6 /'77 . ' , TOOETHER ';Ilh Gllllnd 51naular the 'lencmenlJ, hcredho~b. and IlPPu~enb~. belona1nl.(O or in M)' way .' ~PPO""lnlnllo Ihll Rial ,",pcrt)', .ubJte' to all.rcJllrictllml; rc.c";UUOM. nnd ~mC!ntJ or record,'lrDny. ond ~ Vllorem Illi1.~ rnr 1)Ie curreni )'ClIr. Bceau!lC lhb deed bt ..Iv~n In cvldt:ncc the dlslrlbulNT. lit UL'lcl!l. of a .ecdent'$ ~m.IC pnd In,,~IYeJ ehe assumptlun (1( nn munlll'~, nllnlmum "laiC dtk'lImcnlary SlIlnlJ'l' ure am~cd. . I~ WITNes~ WHER[!OF. Ihe unllcrsir;m:d. os r=no.~l rCrrellcnl;lli~c nr lht CIU;lte nf !laid tk'c.:lIcnt. _ho'" execlIe'" Ih15IMll'llmcnl under seul em the dalo aforc5lld. Sllncd. ICDled IIDd denvercd' In Ihe pre~nc:c of .., ~ Dorothy AI pcnwn_ " rurc1;otnu la!l.lrumc.nl Wll!l. lK'~~lcd~ befon:.J":C .'{ .. ~. .i. . 19 ..AS-, by Dorothy D!or..y BrOWl)'.-t,' . :t~. ~'..., ," 'fI' '. ....., f J..' .. i. fiN '~.i:~f~ . ':" /"~~ ~~;JjO~ Helen W~ Debr..V dct:cuscd. . STATB OF FLORIDA COUNTY OF nan'll! " hereby . <<nlfy Ihot t~ Ihis ..1L- day,of 'hily . Q pc:!nlORal,reprcK'nlollve nrllle ell,alc'of NA1An .W hA ~OfUry Public.. SllIle of My Commluion Ellpirc.: "0 ler: [QuickView] Doc: ..OPI12086IBPIOR.14243.176PI2-12086 Page 2 of2 of Ihe eSIDIe uf Appendix V.G.4 Cre.tedBy: andya Printed: 10119/20074:55:54 PM EST m: 1.4Z43~)78 . BCHRDULE "An ONE HALF OF THE DADB COUNTY ASBE1;S OF TaB DECEASED, I.E.: . PAIICEL .1. one Thirty-.econd (1/32) Hine~al Interest in' the fol1Dving.~and. 1n To~.hip 52 south, RaftVe 3& Ea.~:, Sect.ion 191 215, .261 27 lesB Wl/2 or SWl/4, 28, 29: 30 1....14'1/2 of NWlj.41 31" 32 le88 "1/2 of 8&1/41 331 .34' 351 36 less E1/2 of.NEI/4; co~tainin9 8,000 ~Qre8, more or le88, ..' - 2. One Thirty-second (1/32)' mineral tnte.reBt in the following lands in Town.h~P 53 South, Ranqe J5 Ea8t~ seotion 11 21 3 less Wl/2 of 8"1/4' 41 51 6 lees Wl/2 of .SW1/41 " 8 less N1/2 of SE1/41 9r. 101.11 1... El/2 of !fWl/41 "2 1... NIJ1./4 of NB1/4J, 131 141.15r 17,."18.188& Wi/2 or SW1/I,' 19 18111 51/2. 20 III1S S1/2 or SW1/I. 21' . 22 lei. Wl/2 of WI/4 r 23, 24 le.. 1'11/2 of Ntll/4; 251 26 le88 Wl/2 ipt NBl{4 i 27,' 28, . 33 le.. tl/2 of NW1/4 t 34 I 35 and 36, conta ning 18,680 acrea, more or lee.9. . 3. (jne Beven-five hundred and t",elfths (7/512) Mineral Intar8llt in the foli owing lands in Township 55 south I Range J7 East 1 . Section 20 less SI/2, 21; 22 ~ 23; 24 le8S SEl/4 or SE1/41 26 leu NEl/4 of SBl/41 28, 29 1e.. 9Hl/4, 18B8 Wl/2 pf NWl/4 of SE1/4, le811.tfWl/4 ot NWl/4 of NEl/4, cont.aininq 4,!530 acres, more or. less. ALL IN DADE COUNTY .FLORIDA. ,..,...'......._'IJIIII DlIlUIICICIIldT....... . .lCtlio'fUtIll' ~',. . IICIIAID ., ~ . tIDll;lllllU.1IOUIf ,-"'''OrrlCltl cr ""'\II.' Q. .",IIi"., "".. 1e.'70 "'~O"'\lG" AVENUE. SUITt Ill, CO'U,1. G",.ua.'" 33M. . TU. (~o'l ..,.o.~. .....v.Y::.w:~:O'" ~.., .-.;,-:..,:n"~fI:4 Appendix V.GA Order: [QuickView] Doc: 2.011112086IBPIOR.1424J.1781111-12086 Page I of I Created By: .ndya Prinled: 10/19/2007 4:57:01 PM EST - ~, 1989 sEP -51'1I2: 49 89:~} 119~ O' . if: 14Z43/11 f rg. . PERSONAL REPRESBNTATIVB'S OISTRIBUTlVE DEED' . .(Tcstlle) _' . I' THIS INDBNTURB 's mllda Ihis...1t,. d.y or .1111 y DORarMy DBORS~y BROW" the ckrl)' qiJllUkd Ifwi acllna ~n:o"'d tt~l.t~v~ of lhe tltMc of . 19 ~ .byandbcl'lfecn U~I.n .w nAn~..y . deecued.. put or the Onl rati, and ~Rob8rt P. DeOr..)' whose poll orrrce .ddrcu it: 12813" Hun.tman Way poto..c, Maryland 20854 part of lhe ~ put. . WITNESSIFfH: nil WHEREAS, HAl Alii W . h_nyo....y died .atlile. rosldenl of 8rand~n:rd. eN JOw..,JC~". 011 DfU':AlllhAr . .: 19LL. sciz.cd ond poucssed or the reDl property hereinafter cbcribe&J: arid . WHEREAS. Illle 10 lold. ~RlpC"~ P',mJ 10 the put (If tlM: lCc:ond pert Itlof the dlle of mid dc';'cnt'l dC,lth pursuant to Ibe ~VIS!on~ ,or the deecdcRl's l.os1 Will and TC'~lImcln. which WI' admlllcd 10. probl.e ad record by lhc Cll'C'ull CoUrI for Probata 01.1.100, In eo.. II.. 89- 3160 Dde . Co\lnIY, . Florida. . lUIbjccl onl)' .~ lbe righ1 of the pad of thlt 01'$1 part to ~n or cncv~ the: Iltu(lCrty for the purposc of defr.ylnlt cla!m.., (OlIill. and. CXpcllJel of .dmlnlluntll.on Dr deceden\ 's csl_le; .Ad WHEREAS.lh.: pu1 of Ihc nJ'51 pUrl wish lC!db1dbu,c:sa1dproPcny 10 lhcPafl of ,he ~n" plU1 aind evldCru the n:lcue 01' lhe property from ..Id ria11t 10 "II or tn.:umbcr, - NOW THEREFORE. In C!O!dldcI1Illon of rhc fomaoin. and In COIInncellon. wi\h Ihe: dlSlrlblllion of Ihc CiUlla of.aid deccdClnl. the plft of lhe "fit pun hu rclclS<!d to Ihe"plrI' or~ht:!icorld pan the rlabl 10 sell . or encumber s~id propeny IInd 1"Dled. conveyed If!'! CJJlllinned unlO IhC p'rI O(lheltcollllpart; .. . hcin and wlgns (orevcr. aU ~( the In_ere,.. of ~Illd decedc~l 'n .net to lhe ~I P<<'J1'C"y IllUMed in Dade Covnl)'. Florida. duc:1II~lIuws:: set forth in Sen.dule A attached .Thill InlUumchI pre" by: Paul D. Barn., J~., Esq 1570 Radru9. k~enue sulte 211 " . Coral Gable., Plorida , 33146 1305) 661 -06Z8 Fonn No. p.a.QUO .-n.e PlOrWa ." 1887 .:Ier: [Quick View] Doc: <.OPI12086IBPIOR.14243.17911j3-12086 Page I of3 CreBled By: Bndyo Printed: 10119/20074:58:16 PM EST ,.~: \~ Appendix V,G.4 . .ilt:\ 4243fn . \ 80 ~ETHER wllh all ond ,lpBular the IC~em~nlil. 'hcrcllllalll9nll, ond 1l~CfKU1~~dlelon8.ln8 <<J or .I~ an)' WilY ,appel1.IninS .10 Ihal real p~rty. ~~b~1 in all n::\lrictlllnl. rt'!!\enutinnll. and cu-'\Cmcnl'. ~i I"tconl. If any, .~d ad valorem lilies r~r the currenl yellr. B<<llu~e \hI!! deed ill ,glyen to cvhkncc the Illlltrlbutllln af DlI5Cts. uT ,u dCI,'Cdcnl'lI nll!-o and Involves Ihe assumption of nll~ mnn~u8o. minimum ~tlitc dncumcAll1f)' Jl,tuntplt UN .mll.cd. 00;. IN WrrNESS ~HEREOF.lhc undenduncd. ~ JXrllnnol rcprcllI:nllllive of Ihl! CSllllcuflillkl dccedeRl. ha CXce\lleiJlhI!l inslNmCj'lI. untler Jeepll..1 the dafe Ilfl\l'CSlli.d, ;,; Signed. llCal~ and lIcliv.c:tW In' lhe ptt~ncc tlr ./a..<~ . . ~. .If} ~ ~ -f!~ , ' CIIlIle of dtCcmscd. STATE OF FLORIDA COUr<1'Y OF Dad. hercily ecnify ,thaI the fnreg.ulnlt .Imtrumenl Wil.l{ acknowledged before me " thh 'J.L day of ,,, 1 Y .,,~:by Dorothy'D8orB.y.B~own lIS personal reprcu:nllltlvc of the llstUIl!' or Helen H. DeorsQY NOIDrY Public. . - ".." ~., ~ Appendix V.G.4 Order; [QuickView] Doc: 2.011112086IBPIOR.14243.1791113-12086 Page 20f3 Created By: andya Printed: 10/19/20074:58:16 PM EST ~ .. '~U:142431I'.18L' " !!IcMRrfi.n.1t "A" OO.I!ALF OP '10. DADE COUH'l'~ AlIsns OF 'J'H. D.C~S.D, I. E. : PARcEL ' 1. One Thl~y-..cond ".(1/321 . Mineral 'In~.re.t in th.e. f'Ol~~"'1~9 lend. in oro,m.b p" 52 so~t:h, Range 35 Bast. seotion 191.25' 26; ::n. 1'41" Wi/2 oJ!. aWl/4, 28, 29, .30 1... 111/2 of NWl/4, 311 32 1... 111/2 of 11.1/4' 33. 34. 35.1 36 1... El/2.- of NEll.' contlllning 8,000.acres, ](lore or .1888' . 2.' One 'lhir~y-s8cond t 1/32) IdnCtral Interast in the following lends "in ~~.hlp !!Ii3 sou~~, Ran,.. 35 a..t: . . sectiory 1,' 2, 3 1.8. W~/2 of-S"1/41 .41, 5r" 1... W1/2 ot _ 8141/4, 7,. 8 1... Wl/2 of' SI1/4, 9, 101 -11 1... 11/2 of Htfl/4, -12 1... JlBl/4 o.f' HE1/4' 131 141 15, .17, 18 1... 'W1/2 of SN1/4r 19 le.ua: 81/21.20.1....81/2 of aWl/4, 21: 22 1... W1/2 .gf WI/41 231 24.1.... Nl/a ot tutl/4' 25, 26 1... "'1/2 of N81/4," 271 281.33 le.8 B1/2 o'f NWl/41 34, .35 and..3S.. containing 18t680.acT.., IIOr. or 1..... 3 ~ One seven-five hundred ancl twelfths (7/512) Mineral. Int~r.8t 1n the following lands in-Township 55 'SC!utll,. Ra.n~. 37 S.st: ., - Seat ion 20 leIS 81/21.211 2.21 231 24 1... SI1/" of SI1/41 26 '1... NB1/4 of 8B1/4, 28, .it 1... SWli'4, 1... Wl/2 of NWl/t of SI;1/4,' J,e8.-tlW1/4 of Rtf1/4 ot.NEl/4, oontainlnv 4,530 aor~.~ more or le.8. ALL IN DADB COURTY FLORIDA. ' ~.~-- .-~.~. --"'- .~t.- ~-- u.w OI'hCC.. 0,. ....u\. .. IMfIII".. "'.... '.1'0 M:"Dft~... "'Vll:~\.IIt" ..."~ &of. co'u~" .....\.c.. '''L :lI:lJolI. . TEL I:llO'~ ..'"0..' :V,.. Appendix V.G.4 .dcr: [QuickView] Doc: 2,0/1 [12086IBPIOR.14243.17911IJ-12086 Page 30f3 Crealed By: andya Printed: 10119120074:58:16 PM EST This instrUment prepared by: Nonnan Roberts, P .A. 50 Wesl Mashta Drive Suile4 Key Biscayne, FL 33149 Appendix V.G.4 111111I1111I11I11111I1111I1111111111111111111 CFN 2005R0066611 OR Sk ~3016 PI. 0564 - 565' (20..) RECORDED 01/21/2005 08'35108 DEED DOC TAX 0.60 SURTAX 0.45 HARVEY RUVIN. CLERK OF COURT nIAnl-1)AOE COVlITY, FLORIDA .~ QUIT CLAIM DEED FOR MINERAL RIGHT AND ROYALTY TRANSFER (To Undivided Interest) STATE of Florida COUNTY of Miami-Dade KNOW ALL MEN BY THESB PRESBNTS: ThaI JEANNETTB B. pARISH of Miami-Dade County, Slale of Florida. hereinafter called granlor (whether one or more and referred 10 in the singular number and masculine gender), for and in consideration of the sum ofTen DoUm $ 10.00 and other good and valuable considerations, paid by JEANNETTE BUHLER PARlSH as Tl1I8lee of the Jeanette Buhler Parish Revocable Trust dated June 30, 1999, n.reinafter called grantee the recoipt of which is hereby acknowledged, has granted, sold and conveyed and by these presents does grant, sell and convey unto said gnmtee an undivided One/Sixty-Fourth (1164) interest in all and to all of the oil, gas and other minerals of every kind and cbaracter in, on or under that certain tract or pareel of land silualed in the County of Miami-Dade, State of Florida, and described as follows: Township 52 South, Range '35 Basl,'Section 19; 25, 26, 27 less W II, of SW Yo; 28; 29; 30 less W II, of NW Yo; 3\; 32 less W II, of SB Yo; 33; 34; 35 and 36 less E II, of NE Yo, containing 8,000 acre., more or less; Township 53 South, Ran8e 35 BasI, Section 1; 2; 3, less W y, of SW Yo; 4; 5; 6 le.s W Y, of SW '/.; 7; 8 less W II, of SB Yo; 9; 10; 11 less B II, of NW Yo; 12 le.s NE V. ofNE \I.; 13; 14, 15; 17; 181es. W y, ofSW y.; 19 less S y,; 20 Ie.. S y, of SW \I.; 21; 22 less W y, of NW V.; 23, 24 less W Y, of NW '/.; 25; 26 les. W Y, of NE \I.; 27; 28; 33 less E II, of NW v.; 34; 35 and 36, containing 18,680 aerea, more or less. TO HA VB AND TO HOLD the said undivided interest in all of the said 011, gas and other minerals in, on and under .aid land, logether wilb all and singular In. rights and appurtenances Ihereto in any wise belonging, with the right of ingress and egress, and po.session at all times for the purpose ofminlng, drilling and operating for said minerals and the maintenance of facilities and means necessary or convenient for producing, troating and transporting such mineral. and for housing and boarding employees, Wllo said grantee.. bis beirs, successors and assigns, forever; and gnmlor herein for hlm.elf and Book23016/Page564 CFN#20050066611 Page 1 of 2 Order: fQuickView] Doc: 2,0111120861BPIOR.230 16.564ilI2-12086 Page 1 of2 Created By: andya Printed: 10/19/2007 4:52:40 PM EST . , 'lII . , . Appendix V.G.4 OR BK 23016 PG 0565 LAST PAGE his heirs, lll[CCUlors lUId adminislralors hereby agrees to warrant and forover dofend all and singular the Slid InlcmIt iD said minerals, unto the said linmtec, his hoirs, IUCcersora lUId assigns 8Ilainst every pOl'llon whomsoever lawfUny claiming or to elalm the sme or any part tberoof. Onmtee Ihall bave tho right at any tlmo (but is Dot required) to redoem for Onmtor by payment, my mortll8gcs, taxes or,citbcr liens on the above described lands, in tho vent of default of paymOllt by Onmtor, IIIId bo subropted to tho rights of the boldilr thereof. This conveyance is mode subject to my valid and subsisting oll, gll or other mineral lease or loases on said land, Including also any minersl lease, if any, boretororo mado or being oonlemporanoously made from grantor to grantO!l; but, for the same COlI8ldOl'lltion hereinabove mllllliODed, grantor bSlI sold, tnIIlsfemd. assigned and conve)'OCl and by these presents dooucll, transfer, assign and convey unto grantee, his bcira, successors and assigns, the sBlDe undivided interest (as the undivided interest hereinabove conveyed In tho oil, gas and other minerals in said land) In all th. rlgbl8, rentals, royalties md other beaeftls accruing or to aceNO under said lease or leases from the above described land: to have and to bold unto grantee, his hclrs, successors and assigns. ,.- This Instrument conrera aD the Trustee(s) th. power and authority either to protect, CoIUlOrVO and to sell, or to leaso, or to encumber, or othlirWiae to mmage and dispose of the real property deson"bad bereln, WITNESS the signstunl of the grantor~this~ay O~04' Wltn_: S C~ ' ~B11fi~L s" ~ ~'-I ICc.'""l iJ~o/~ UQwl~ STATE OF FLORIl>A COUNI'Y OF MIAMI-DADB The foregoing lDstrwnent was aoknowledscd before me this L"'<day OC~004, by Jeonnette B. Perish. ~ /'f~ ~Ignalurc of Notary Public) 'f>. ..... eo L. G...,.......- (Print NBnlC Of?bIiC) Personally Known OR Produced Identifioation Tn>e of Identification Produced ~'~ BONNIE L- OOOPER ,'If A MYa)MMI.IOH. DDOJMCl5 't.,~ 8XPlAR:r.bnIq 12.1U05 1~"", R................. Book23016/Page565 CFN#20050066611 Page 2 of 2 - Ider: [QuickView] Doc: 2.011112086IBPIOR.230 16.5641112- J 2086 Page 2 of2 Created By: andye Printed: 10/19120074:52:40 PM EST " ~ Appendix V.GA 11111111111I11111111I1111I1111111111111111111 This instrument prepBled by: Nonnan Roberts, P.A. 50 West Mashla Drive Suite 4 Key Biscayno, FL 33149 CFH 2005R00666i2 OR Bk 23VI6 P.. O~66 - 5671 [2...1 RECORDED 01/21/2005 OB135'08 DEED DOC TAX 0.60 SURTAX 0.~5 HARVEY RUVIN, CLERK OF COURT nIAnl-DADE COUNTY, FLORIDA QUIT CLAIM DEED FOR MINERAL RlGHT AND ROYALTY TRANSFER (To Undivided Interest) STATE of Florida COUNTY of Miami-Dade KNOW ALL MEN BY TIIBSE PRESENTS: That JEANNETTE B. PARISH as Allomey in fact for Theodora Buhler of Miami-Dade County, State of Florida, hereinafter called grantor (whether one or more and refc:rred to in the singulBl number and masculine gender), fOr and in consideration of tho sum of Ten Dollars $ 10.00 and other good and valuable considerations, paid by Theodora B. Buhler, Jeanette B. Parish and Barbara B. Meloy as Co-Trustees of the Theodora B. Bubier Revocable Trust, daled Novemher 7, 1985 and amended November 7, 1995 And October 20,1988, hereinafter called granteo tho rOC<lipt of which is hereby acknowledgad, bas granted; sold and convoyad and by these pre.ents does grant, sell and convey unto said grantee an undivided One/Thirty Second (1132) interest in all and to all of the oil, gas and other minerals of ev~ kind and character in, on or under that certain tIact or parcel of land' situated in the County of Miami-Dade, State of Florida, and described as follows: Township 52 South, Range 35 East, Section 19; 25; 26; 27 loss W Y, of S,W v,; 28; 29; 30 loss W Y, ofNW \I.; 31; 321os. W Y, ofSE v,; 33; 34; 35 and 36 less E y, ofNE v., containing 8,000 acres, more or los.; Township 53 Sonth, Range 35 East, Section I; 2; 3 less W Y, of SW \I.; 4; 5; 6 less W Y, ofSW v,; 7; Bloss W V, ofSE v,; 9; 10; II loss E V, ofNW v,; 12 less NE V, ofNE v,; 13; 14; IS; 17; IS less W V, ofSW v,; 19 less S v,; 20 less S y, of SW v,; 21; 22 100s W \I, of NW v,; 23; 24 less W y, of NW v,; 25; 26 less W Y, of NE 14; 27; 28; 33 less E Y, of NW v,; 34; 35 and 36, containing 18,680 acres, more or leas. TO HA VB AND TO HOLD the said undivided interost in sll of Iho said oil, gss and other minerals in, on and under said land, together with all and singular tbe rights and appurtenances therelo in any wise belonging, with the right of ingress and egress, and possession at alll.imes for the purpose of mining, drilling and operating for said minerals and the maintenance of facilities and mean. necessary or convenient for producing, Book23016/Page566 C F N#20050066612 Page 1 of 2 Order: [QulckView] Doc: 2,0111120861BPIOR.230 16.5661112-12086 Pegelof2 Created By: andya Printed: 10/19/20074:54:06 PM BST ....... . ~ oN.. Appendix V.G.4 OR BK 23016 PG 0567 LAST PAGE .. - treating and transporting such minerals IIld for housing and boardins employ-, unto sBld JllUllCo. his hem, successors and asstans, forever; and grantor barein for himso1f and his hM, IlXGOUtors and adnUDistraton horeby asr- to warrant and forever dofend all and a1nlllllar the sBld Interest ID said mlneraJs, unto the said srantoe, his hein, BI1CCesson and usisna against IlVIlly plltllon whom_ver lawfully claiming or to claim the same or any part thereof. Granteo shall bavo the right at lilY time (but is not required) to redeem for Grantor by payment, lilY mortgages, taxes or other liens on the above described lands, in the vent of dofault ofpaymont by Grantor, and be subrogated to the rights of the holder thereof. This conveyance is made subject to any valid and subsisting oil, ll88 or other mineralloue or le88es on said land, including also lilY minenlle88e, if lilY, heteloforo mtdc or being contemporaneously made from 8fIIIIor to grantee; but, for the same colllidention hereinabove IIlOIItioned, grantor h88 sold, tiuiferred, 88ligned IIld conveyed and by these presents does sell, transfer. 8B8lgn and convey unto gnntce, his heirs. successors IlIld assigns. the same ID1dIvided interest (as the undivided interest hereinabove convoyed In the oil, gas and other minerals in said land) in all the rights, rentals, royalties and other benefits IWcruing or to accrue under ssid I088e or 1_ from the above described land; to bave and to bold unto grantee, his heirs,suoocssoJS and assigns. This instrument confen on tho Trustee(s) the power and authority either to protect, CODBOIVe and to sell, or to lease, or to CJICUII\bcr, or otherwise to manage and dispose oflbe real property described herein. WITNESS tho signature of tho grsntor_thi.~y O~004. Witnesses: ~CY\ s.,~~ y trl,C"""""'I UflJJ/~ ~ lli'Wr.)i~ . leeS 1:.-<1-. '& t6 ;L'LJ JBANNll B. PARISH As oy in Fact for Theodora B. Buhler STATE OF FLOIUDA COUNTY OF MIAMI.DADB The foregoing inotrument was acknowledged before me thl. ~~Of~2004. by Ieannette B. P8ri8h 88 Attorney in Plot fa- TheodOJl B. BuhI.... t1 ~~ ~......;c...'-.~ (Print Name ofNotsry Public) v"" OR Produced Idcntifu:atlon ~ BONNIBL.OOOPBR WVtQMMIIItOH. DO"" \;,,~ expl..........,IJ,_ 1~ A."*'V.......--.- PeraouaJIy Known Type of JdenUftcatlon Produced Book23016/Page567 CFN#20050066612 Page 2 of 2 ,er: [QuickView) Doc: Page 2 of2 4.0PI12086fBP!OR.23016.5661112-12086 Created By: andye Prin'ed: 10119/2007 4:54:06 PM EST