EAC Backup 02/04/2009
Environmental
Advisory Council
Backup Documents
February 4, 2009
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GOAL 2:
THE COUNTY SHALL PROTECT ITS SURFACE AND ESTUARINE
WATER RESOURCES.
(VI) Objective 2.1 :
By January 2008, the County shall complete the prioritization and begin the process of
preparing Watershed Management Plans, which contain appropriate mechanisms to protect the
County's estuarine and wetland systems. The process shall consist of (1) an evaluation of
areas for which Watershed Management Plans are not necessary based on current or past
watershed management planning efforts, (2) an assessment of available data and information
that can be used in the development of Watershed Management Plans, and (3) budget
authorization to begin preparation of the first Watershed Management Plan by January 2008. A
funding schedule shall be established to ensure that all Watershed Management Plans will be
completed by 2010. In selecting the order of Plan completion, the County shall give priority to
watersheds where the development growth potential is greatest and will impact the greatest
amount of wetland and listed species habitats. The schedule and priorities shall also be
coordinated with the Federal and State agency plans that address Total Maximum Daily Loads
(TMDLs). Until the Watershed Management Plans are completed, the County shall apply the
following as interim standards for development:
a. All new development and re-development projects shall meet 150% of the water quality
volumetric requirements of Section 5.2.1 (a) of the Basis of Review for Environmental
Resource Permit Applications Within the South Florida Water Management District
(February 2006) and the retention and detention requirements, and the allowable offsite
discharge rates required by Drainage Sub-element Policy 6.2 and 6.3, respectively;
b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be
compensated for by providing an equal amount of storage or conveyance capacity on
site and within or adjacent to the impacted wetland.
c. Floodplain storage compensation shall be evaluated for developments within the
designated flood zones "A", "AE" , and "VE" as depicted on the Flood Insurance Rate
Maps published by the Federal Emergency Management Agency with an effective date
of November 17, 2005. Floodplain storage compensation shall also be evaluated for
areas known to be periodically inundated by intense rainfall or sheetflow conditions.
d. All development located within areas identified on Figure 1 shall be evaluated to
determine impacts to natural wetlands, f1owways, or sloughs. For this particular
evaluation, natural wetlands, f1owways, or sloughs shall be tentatively identified as
contiguous lands having a continual preponderance of wetland or wet facultative plant
species and a ground elevation through the major portion of the natural wetland,
flowway, or slough at least one (1) foot lower than the ground at the edge of the natural
wetland, f1owway, or slough. The edge of the natural wetlands, f1owways, or sloughs
shall be identified by field determination and based upon vegetation and elevation
differences from the adjacent uplands or transitional wetlands. The County shall require
the applicant to avoid direct impacts to these natural wetlands, f1owways, or sloughs or,
when not possible, to ensure any direct impact is minimized and compensated for by
providing the same conveyance capacity lost by the direct impact. The County shall
adhere to the limiting discharge rates of each basin as outlined in Ordinance 2001-27,
adopted May 22, 2001 which amended the County Water Management Policy and
provided basin delineations where special peak discharge rates have been established.
The limiting discharge rates will be reviewed as a part of the Watershed Management
Plans, and modified according to the analyses and findings of the Watershed
Management Plans.
e. All new development and re-development projects shall ensure surrounding properties
will not be adversely impacted from the project's influence on stormwater sheet flow.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
7
f. Prior to the issuance of a final development order, the County shall require all
development projects to obtain the necessary state and federal environmental permits.
g. Within one year of the effective date of these amendments, the County shall adopt land
development regulations to require Best Management Practices of future development
or re-development projects. Best Management Practices means structural and non-
structural facilities or practices intended to reduce pollution either through source control
or treatment of stormwater.
Figure 1.
Restoration Project Areas Where Interim Development Standard 2.1.d is
Applicable [See Figure 1 following CCME text]
Policy 2.1.1:
These Plans will evaluate activities in the watersheds that drain into the estuaries in order to
evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds
themselves.
Policy 2.1.2:
The Plans will provide for various tasks such as monitoring land-disturbing activities in the
watersheds, collecting canal flow and water quality data, stormwater quality data, and assessing
habitat changes.
Policy 2.1.3:
The Plans will also evaluate structural and non-structural controls for restoring historical
hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and
stormwater discharges to estuaries.
(VI) Policy 2.1.4:
All Watershed Management Plans shall address the following concepts:
a. Appropriate wetlands and uplands serving as a buffer to wetlands are conserved;
b. Drainage systems do not degrade wetland and estuary ecosystems;
c. Surface water that potentially could recharge ground water is not unduly drained away;
d. When feasible the extent and effects of salt-water intrusion are lessened;
e. The timing and flow of fresh water into the estuaries from the watershed shall, as a
minimum, not degrade estuarine resource value;
f. The needs of the watershed's natural resources and human populations are balanced;
g. The effects on natural flood plains, stream channels, native vegetative communities and
natural protective barriers which are involved in the accommodation of flood waters;
h. Non-structural rather than structural methods of surface water management should be
considered first in any proposed new works;
(VI) i. Wetland and estuarine habitat functions are conserved and/or enhanced; and
(VI) j. Wetland and estuarine ecosystems will be conserved and/or enhanced using a variety of
innovative tools, including landowner incentives, public acquisition, conservation easements,
and/or transferable development rights.
(VI) Policy 2.1.5:
Upon establishment of the various Watershed Management Plans for Collier County, all
environmental data collection, environmental management and environmental planning
activities conducted by Collier County shall be conducted using a basin-by-basin approach.
(VI) = Plan Amendment by Ordinance No. 2007-16 on January 25, 2007
8
Conservation and Coastal Management Element
[reference Objective 2.1]
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ENVIRONMENTAL RESOURCE
PERMIT MODlRCATION NO. 11-02031-P
DATE ISSUED: SEPTEMBER 13.2007
K)AW~S1
....-
PERMITTEE: LM. COLLIER J.V.
(MIRASOL)
6074 LONE OAK BLVD.
NAPLES, FL 34109
ORIGINAL PERMIT ISSUED:
ORIGINAL PROJECT DESCRIPTION:
FEBRUARY 14, 2002
APPROVED MODlFICA nON:
AN ENVIRONMENTAl RESOURCE PERMIT TO AUTHORIZE THE CONSTRUCTION AND OPERATION OF A
SURFACE WATER MANAGEMENT SYSTEM WHiCH SERVES A 1713.7 ACRE RESIDENTIAL AND GOLF COURSE
DEVELOPMENT AND THE CONSTRUCTION OF A 52.76 ACRE CONVEYANCE CHANNEL WHICH EXTENDS OFF-
SITE THROUGH THE ADJACENT WILDEWOOO lAKES AND OlDE CYPRESS DEVELOPMENTS. THE SYSTEM
DISCHARGES TO THE COCOHATCHEE CANAl,
MODIFICATION OF ENVIRONMENTAL RESOURCE PERMIT 11-02031-P TO AUTHORIZE A SURFACE WATER
MANAGEMENT SYSTEM SERVING A 1,713.45 ACRE RESIDENTIAL AND GOLF COURSE DEVELOPMENT
KNOWN AS MIRASOL, WITH DISCHARGE INTO THE COCOHATCHEE CANAL
COLLIER COUNTY, SECTION 10,15,22 lWP 48S RGE 26E
See Special Condition No.1. See attached Rule 4OE-4.32~, Florida Administrative Code.
PROJECT LOCA nON:
PERMIT DURA nON:
This Permit Modification is approved pursuant to Application No. 060524-2, dated May 24, 2006. Permittee agrees to hold and save the South
Florida Water Management District and its successors harmless trom any and all damages, claims or liabilities which may arise by reason ot the
construction, operation, maintenance or use of any activities authorized by this Permit. This Permit is issued under the provisions of Chapter 373,
Part IV Florida Statutes(F.S.), and the Operating Agreement Concerning Regulation Under Part IV, Chapter 373 F.S. between South Aorida
Water Management District and the Department of Environmental Protection. Issuance of this Permit constitutes certification of compliance with
state water quaUty standards where necessary pursuant to Section 401. Public Law 92-500, 33 use Section 1341. unless this Permit is issued
pursuant to the net improvement provisions of Subsections 373.414(1}(b), F.S., or as otherwise stated herein,
This Permit ModifICation may be revoked, suspended, or modified at any time pursuant to the appropriate provisions of Chapter 373, F.S., and
'Ctions 40E-4.351(1), (2), and (4), Florida Administrative Code (FAC,). This Permit Modification may be transferred pursuant to the appropriate
.Jvisions of Chapter 373, F.S., and Sections 40E-i .6107(1) and (2), and 4OE-4,351 (1), (2), and (4), FAC.
All specifications and special and limiting/general conditiol"'s attendant to the original Permit,unless specifically rescinded by this or previous
modifICations, remain in effect.
This Permit Modification shall be subject to the Environmental Resource Permit set forth in Rule 4OE-4.381, FAC., unless waived or modified by
the Govemlng Board. The Application, and Environmental Resource Permit Staff Review Summary of the Appiication, including all conditions, and
all plans and specifications incorporated by reference, are a part of this Permit Modification. Aft ac'Jvities authorized by this Permit Modification shall
be implemented as set forth in the plans, specifications, and performance criteria as set for'" and incorporated in the Environmental Resource
Permit Staff Review Summary, Within 30 day\! atter completion of construction of the permitting activity, the Permittee shall submit a written
statement of completion and certification by a registered professional engineer or other appropriate individual, pursuant to the appropriate
provisions of Chapter 373, F.S. and Sections 4OE..4.361 and 4OE-4.381, FAC.
in the event the property Is sold or othen"{ise conveyed, the Permittee wiil remain liable for compliance with this Permit until transfer is approved by
the District pursuant to Rule 4OE-1.61 07, FAG.
SPECIAL AND GENERAL CONDITIONS ARE AS FOLLOWS:
SEE PAGES 2 - 6 OF 9 (33 SPECIAL CONOffiONS).
SEE PAGES 7 - 9 OF 9 (19 GENERAl CmmffiONSj,
PERMIT MODlFlCAnON APPROVED BY THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT
ON
BY
ORIGINAL SIGNED BY:
JACK! MCGORTV
DEPUTY CLERK
PAGE OF 9
Corps-13652
PERMIT NO: 11-02031-P
PAGE 2 OF 9
SPECIAL CONDITIONS
1. The construction phase of this permit shall expire on September 13, 2012.
2. Operation of the surface water management system shall be the responsibility of Row Way Community Development
District, established by Ordinance 2OQ2-09, passed and adopted by the Board of County Commissioners of Collier County,
on February 26, 2002 (submitted with the application and retained in the permit file as an exhibit to this permit by
reference). Within one year of permit issuance or ooncurrent with the engineering certification of construction completion,
whichever comes first, the permittee shall submit a dedication from the property owner to the CDD.
3. Discharge Facilities:
Basin: Basin 1
Structure: WCS-D1
1-.62' dia CIRCULAR ORIFICE with invert at alev. 13.4' NGVD.
1-3.08' W X 2' L drop inlet with crest at elev. 16.2' NGVD.
ReceMng body: Lake 10 (pass-through system)
Control elev : 13.4 feet NGVD.
Structure: WCS-10
1-.25' dls. CIRCULAR ORIRCE with invert at elev. 14' NGVD.
1-3.08' W X 2' L drop inlet with crest at elev. 15.45' NGVD.
Receiving body: Lake 22 (Basin 1)
Control elev : 13.4 feet NGVD.
Basin: Basin 2
Structure: WCS-Q2
1-.69' dia. CIRCULAR ORIFICE with invert at elev. 13.4' NGVD.
1-3.08' W X 2' L drop inlet with crest at elev. 16.4' NGVD.
Receiving body : Lake 11 (pass-through system)
Control elev: 13.4 feet NGVD.
Basin: Basin 3
Structure: WCS-03
1-1.1' W X .5' H RECTANGULAR ORIFICE with invert at elav. 13.5' NGVD.
1-3.08' W X 2' L drop inlet with crest at elev. 16.1' NGVD.
Receiving body: Laka 6 (pass-through system)
Control elev: 13.5 feel NGVD.
Structure: WCS-D6
1-.25' dia. CIRCULAR ORIFICE with invert at alav. 14.2' NGVD.
1-3.08' W X 2' L drop inlet with crest at elev. 16.25' NGVD.
Receiving body : Lake 32 (Basin 3)
Control elav : 13.5 feet NGVD.
Structure: WC&07
1-.25' die. CIRCUlAR ORIFICE wit;' invert at elev. 14.25' NGVD.
~ -3.08' W X 2' L drop inlet with crest at elov. 18.2' NGVD.
Receiving body: Lake 31 (Basin 3)
Control elev : 13.5 feat NGVD.
Structure: wcs-oa
1-.25' cIia. CIRCULAR ORIFICE with invert at elev. 14.25' NGVD.
1-3.08' W X 2' L drop inlet with crest at elev, 16,2' NGVD,
Receiving body : Lake 35 {Basin 3}
Control elev: 13.5 feet NGVD.
Corps-13653
PERMIT NO: 11-02031-P
PAGE 3 OF 9
Basin: Basin 4
Structure: WCS-04
1-2.7' W X .S' H RECTANGULAR ORIFICE with invert at elev. 13.5' NGVD.
1-3.08' W X 2' L drop inlet with crest at elev. 16.45' NGVD.
Receiving body : Lake 5 (pass-through system)
Control elev : 13.S feet NGVD.
Basin: Basin S
Structure: WCS-QS
1-2.45' W X ,S' H RECTANGULAR ORIFICE wit~ invert at elav. 13.5' NGVD.
1-3.08' W X 2' L drop inlet with crest at e1ev. 16.3' NGVD.
Receiving body : Lake 4 (pass-through system)
Control elev : 13.5 feet NGVD.
4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the
construction or operation of the surface water management system.
5. Measures shall be taken during construction to insure that sedimentation anellor turbidity violations do not occur in the
receiving water.
6. The District reserves the right to require that additional water quality treatment methods be incorporated into the drainage
system if such measures are shown to be necessary due to the ongoing water quality monitoring.
7. Lake side slopes shall be no steeper than 4:1 (horizontal:vertical) to a depth of two feet below the control elevation. Side
slopes shall be nurtured or planted from 2 feet below to 1 foot above control elevation to insure vegetative growth, unless
shown on the plans.
8. Facilities other than those stated herein shall not be constructed without an approved modification of this permit
q A stable. permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all
permitted discharge structures no later than the submission of the certification report. The location of the elevation
reference must be noted on or with the certification report.
10. The permittee shall provide routine maintenance of all of the components of the surface water management system in
order to remove all trapped sediments/debris. AU materials shall be property disposed of as required by!aw. Failure to
properly maintain the system may result in adverse flooding conditions.
~ 1 . This permit is Issued based on the applicant's submitted information which reasonably demonstrates that adverse water
resource related impacts will not be caused by the completed permit activity. Should any adverse impacts caused by the
completed surface water management system OCC'.Jr, the District will require the permittee to provide appropriate mitigation
to the District or other impacted party. The District will require the permittee to modify the surface water management
system, if necessary, to eliminate the cause of the adverse impacts.
12. Minimum building floor elevation:
BASIN: Basin 1 - 16.85 fOOl NGVD.
BASIN: Basin 2 - 17,05 feet NGVD,
BASIN: Basin 3 - 16.75 feet NGVD.
BASIN: Basin 4 - 17.20 feet NGVD.
BASIN: Basin 5 - 17.20 feet NGVD.
13. Minimum road crown elevation:
Basin: Basin 1 - 16.20 feet NGVD.
Basin: Basin 2 - 16.40 feet NGVD.
Basin: Basin 3 - 16.10 feet NGVD.
Corps-13654
PERMIT NO: 11-02031.P
PAGE 4 OF 9
Basin: Basin 4 - 16.45 feet NGVD.
Basin: Basin 5 - 16.40 feet NGVD.
14. The Permittee shall utilize the criteria contained in the Construction Pollution Prevention Plan (Exhibit Nos. 4.0-4.9) and on
the applicable approved construction drawings for the duration of the projects construction activities.
15. The Permittee shall utilize the criteria contained in the Urban Stormwater Management Program (Exhibit Nos. 5.D-S..4) for
post construction activities.
16. A Water Use Permit must be obtained prior to dewatering activities.
1 7. Construction of the pass-thorugh system, including Lakes 1 through 11, lake interconnections, the intake weir for Lake 1
and the outfall weir from Lake 11 , shall be constructed prior to constructing the remainder of the proposed development.
18. The External and Intemal Preserve Areas (designated as wetland preserves and conservation preserve areas on Exhibits
2.2 and 3.2) may in no way be aitered from their natural or permitted state. Activities prohibited within the Extemal and
Internal Preserve Areas include, but are not limited to: construction or placing of buildings on or above the ground;
dumping or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation -
with the exception of exotic vegetation removal; excavation, dredging, or removal of soil materials; diking or fencing; and
- any other actMties detrimental to drainage, flood control, water conservation, erosion control, or fish and wildlife habitat
conservation or preservation.
19. External and Internal Preserve Areas (designated as wetland preserves and conservation preserve areas on Exhibits 2.2
and 3.2) shall be dedicated as conservation and common areas in the deed restrictions as well as on the plat if the project
will be platted. Restrictions for use of the conservation! common areas shall stipulate:
The External and Internal Preserve Areas (designated as wetland preserves and conservation preserve areas on Exhibits
2.2 and 3.2) are hereby dedicated as conservation and common areas. The conservation/common areas shall be the
perpetual responsibility of the Flow Way Community Development District and may in no way be altered from their natural
or permitted stale as documented In South Rorida Water Management District Permit No. l1-Q2031-P with the exception
of permitted restoration activities. Activities prohibited within the conservation areas include, but are not limited to:
construction or placing soil or other substances such as trash; removal or destruction of trees, shrubs, or other vegetation _
with the exception of exotic/nuisance vegetation removal; excavation, dredging, or removal of soil material; diking or
fencing; and any other activities detrimental to drainage, flood control, water conservation, erosion control, or fish and
wildlife habitat conservation or preservation.
Copies of recorded documents shall be submitted to the District's Environmental Resource Compliance staff in the Lower
West Coast Service Center concurrently with engineering certification of construction completion.
20. Endangered species, threater.ed species and/or species of special concem have been observed orIsite and/or the project
contains suitable habitat for these species. it shall be the permittee's responsibility to coordinate with the Florida Fish and
Wildlife Conser..ation Commission and/or the U.S. Fish and Wildlife Service for appropriate guidance, recommendations
andior necessat)' permits to avoid impacts to listed species.
21. Prior to the commencement of construction and in conformance with the work schedule in Exr-jbit 3.6, the permittee shail
provide an original letter of credit in the amount of $4,687,100 and supplemental original letter of credit in the amount of
$73,700 to ensure me permittee's financial ability and commitment to complete the proposed mitigation, monttcring and
maintenance plan as shown on Exhibit No. 2.2, 3.2, 35 and 3,6. The ietter of credit shall utilize the form attached as
Exhibit No, 3.7, The letter of credit shall remain En effac! for the entire period of the mitigation. and monitoring program.
Notification of the District by the financial institution that the letter of credit will not be renewed or is no longer in effect shaH
constitute non-compliance with the permit.
22. A monitoring program shall be implemented in accordance with Exhibit Nos. 3.5 and 3.6, The monitcring program shall
extend for a period of 5 years with annual reports submitted to District staff. At the end of the first monitoring period the
Corps-13655
PERMiT NO: l1-G2031-P
PAGE 5 OF 9
Intemal and External preserve areas shall contain an 80% survival of planted vegetation. The 80% survival rate shaD be
maintained throughout the remainder of the monitonng program, with replanting as necessary. !f native wetland,
transitional, and upland species do not achieve an 80% coverage within the initial two years of the monitoring program,
native species shall be planted in accordance with the maintenance program. At the end of the 5 year monitoring program
the entire mitigation area shall contain an 80% survival of planted vegetation and an 80% coverage of desirable obligate
and facultative wetland species. In addition, the monitoring program for the External Preserve area includes a plan to
install three water level data loggers and two logging type rain gauges with the External Preserve boundaries. The water
level data will be collected in accordance with the Mitigation, Monitoring and Maintenance Plan (Exhibit 3.5) and submitted
in the annual monitoring report to the District.
23. The areas to be temporarily disturbed by the installation of control structures in wetlands will be backfilled and replanted
within 30 days of installation. Monitoring of temporary impact areas shall be done concurrently with other required
monitoring for the Mirasol development.
24. A mitigation program for Mirasol shall be implemented in accordance with Exhibit Nos. 2.2, 3.2 and 3.5. The permittee
shall preserve and enhance a total of 830.89 acres of wetlands and 109.58 acres of uplands.
25. A maintenance program shall be implemented in accordance with Exhibit No. 3.5 for the preserved and enhanced wetlands
and uplands on a regular basis to ensure the integrity and viability of those areas as permitted. Maintenance shall be
conducted in perpetuity to ensure that the conservation areas are maintained free from Category I and II exotic vegetation
(as defined by the Rorida Exotic Pest Plant Council at the time of permit issuance) immediately following a maintenance
activity. Maintenance in perpetuity shall also insure that conservation areas, including buffers, maintain the species and
coverage of native, desirable vegetation specified in the permit. Coverage of exotic and nuisance plant species shall not
exceed 2% of areal coverage of anyone stratum or 4% areal coverage of all strata between maintenance activities. In
addition, the permittee shall manage the conservation areas such that exoticfnuisance plant species do not dominate any
one section of those areas,
26. The District reserves the right to require remedial measures to be taken by the permittee if monitoring or other information
demonstrates that adverse impacts to onsite or offsite wetlands, upland conservation areas or buffers, or other surface
waters have occurred due to project related activities,
27. Sin screens, hay bales. turbidity screenslbarriers or other such sediment control measures shall be utilized during
construction. The selected sediment control measure shall be installed landward of the upland buffer zones around all
protected wetlands and shall be properly "trenched" ete, in accordance with Exhibit 2 and construction best management
practices. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the wetlands
and upland butter zones.
28. Activities associated with the implementation of the mitigation, monitoring and maintenance plan(s) shall be completed in
accordance with the \'York schedule attached as Exhibit No. 3.6. Any deviation from these time fra.'Tles will require prior
approval from the District's Environmental Resource Compiiance staff. Such requests must be made in writing and shall
include (1) reason for the change, (2) proposed start/finish andlor compietioo dates; and (3) progress report on the status of
the project development or mitigation effort.
29. A time zero monitoring report for Mirasol shall be conducted in accordance with Exhibit No. 3.5 and 3.6 for all enhanced
wetlands. The plan shall include a survey of the arear extent, acreage and cross-sectional elevations of the enhanced
areas and panoramic photographs for each habitat type. The report shall also include a description of planted species,
sizes, total number and densities of each plant species within each habitat type as well as mulching methodology,
30. A} Prior to the commencement of construction and in accordance with tt:-a work schedule shown as Exhibit 3.6, the
permittee shall submit for review and approval, tV'iO (2) copies 01 the following:
1. Project map identifying conservation areas
2. Legal description of conservation areas
3. Signed conservation easements
Corps-13656
"
f
PERMIT NO: 11-02031-P
PAGE 6 OF 9
4. Sealed boundary survey of conservation area{s) by professional Land surveyor
5. Title insurance commitment for conservation easement naming District as beneficiary using approved valuation.
6. Formatting in accordance with paragraph F (below) if available.
The above information shall be submitted to the Environmental Compliance Enforcement staff in the District service center
where the application was submitted.
B) The real estate information referenced in paragraph (a) above shall be reviewed by the District in accordance with the
District's real estate review requirements. The easement shall not be recorded until such approval is received.
C) The permittee shall record the conservation easement(s) over the real property designated as a
conservation/preservation areas (identified as External and Internal Preserve Areas in this staff report) on attached Exhibits
22 and 3.2. The easements shall be granted free of encumbrances or interests which the District determines are contrary
to the iment of the easement. The conservation easements shall be granted to the District using the forms attached as
Exhibits 3.3 and 3.4. Any proposed modifications to the approved forms must receive prior written consent from the
district.
D) The permittee shall record the conservation easements in the public records of Collier County within 14 days of
receiving the District's approval of the real estate information. Upon recordation, the permittee shalf submit two certified
copies of the recorded conservation easements tor the External and Internal Preserve Areas, and Utle insurance policy, to
the Environmental Resource Compliance staff in the District service center where the application was submitted.
E) In the event the conservation easement real estate information reveals encumbrances or imerests in the easement
which the District determines are contrary to the intent of the easement, the permittee shall be required to provide release
or subordination of such encumbrances or interests. If such are not obtained, permittee shall be required to apply for a
modification to the permit tor alternative acceptable mitigation.
F) The permittee shall submit two certified copies of each of the recorded conservation easements for the External and
Internal Preserve Areas. The data should also be supplied in a digital CAD (.dxf) or GIS (ESRI Coverage) format. The tiles
should be in the Rorida State Plane coordinate system, East Zone (3601) with a data datum of NAD83, HARN with the
map units in feet.
G) The permittee shall submit two certified copies of each of the recorded conservation easements (Internal Preserve
Area and External Preserve Area). The data shall be supplied in a digital ESRI Geodatabase (mdb), ESRI Shapefile (shp)
or AutoCAD Drawing Interchange (dxf) file format using Rorida State Plane coordinate system, East Zone (3601), Datum
NAD83, HARN with the map units in feet. This data shall be submitted as a paper map depicting the Conservation
Easement over the best available satellite or aerial imagery. This data shall also reside on a CD or floppy disk and be
submitted to the Dlstricfs Environmental Resource Compliance Division in the service area office where the application
was submitted.
31.
No work shall occur within the Cocohatchee Canal right-of-way until all necessary right-of-way occupancy permits are
obtained authorizing the proposed wor!< in the District's right-ot-way.
32,
Prior to to commencement of construction in wetlands and in accordance wIth the work schedule ;n Exhibit No. 3.5, the
permittee shall submit documentation that 11.36 freshwater forested credits have been deducted from the ledger for
Panther island Mitigation Bank.
The permittee shall implement the Mirasol Water Qua!tiy Monitoring Plan, attached as Exhibit 6. Any deviation from these
testing and monitoring procedures will require prior approval from the District Environmental Compliance Staff. Such
requests must be made in writing and shall include (1) reason for the change and (2) an outline of the proposed change.
Corps-13657
PERMIT NO: 11-02031.p
PAGE 7 OF 9
GENERAL CONOmONS
1 . All activities authorized by this permit shaH be implemented as set forth in the pians, specifications and performance
criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking thaI
activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S.
2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall be kept at the
work site of the permitted activity. The complete permit shall be available for review at the work site upon request by
District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity
authorized by this permit.
3. Activities approved by this permit shall be conducted in a manner which does not cause violations of State water quality
standards. 1l1e permittee shaD implement best management practices for erosion and pollution control to prevent violation
of State water quality standards. Temporary erosion control shall be Implemented prior to and durlng construction, and
permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be
installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody
exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and
soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and
specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water
Management (Department of Environmental Regulation, 1988), incorporated by reference in Rule 40E-4.091, FAC.
unless a project-specific erosion and sediment control plan is approved as part of the permit, Thereafter the permittee
shafl be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes
adverse impacts to the water resources.
4, The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is
issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the
District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual
start date and the expected construction completion date.
5. When the duration of construction will exceed one year, the permittee shall submit construction status reports to the District
on an annual basis utilizing an annual status report form. Status report forms shaD be submitted the following June of each
year.
6. Within 30 days after completion of construction of the permitted activity, the permitee shall submit a written statement of
completion and certification by a professional engineer or other individual authorized by law, utilizing the supplied
Environmental Resource/Surface Water Management Permit Construction Completion/Certification Form Number 0881 A,
or Environmental Resource/Surface Water Management Permit Constl".Jction Completion Certification - For Projects
Permitted prior to October 3, 1995 Form No. 0881 B, incorporated by reference in Rule 4OE-1.659, FAG. The statement
of completion and certification shall be based on onsite observation of construction or review of as-built drawings for the
purpose of determining if the work was completed in compliance with permitted plans and specifications. This submlr.al
shall serve to notify the District that the system 1s ready for inspection. Additionally, if deviation from the approved
drawings are discovered during the certification process, the certification must be accOmparned by a copy of the approved
permit drawings with deviations noted. Both the original and revised speCifications must be clearly shown. The plans must
be clearly labeled as "as-built" or "record" drawings. Ail surveyed dimensions and elevations shall be certified by a
registered surveyor.
7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of
condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to
Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and
specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for
Environmental Resource Permit Applications within the South Florida Water Management District, accepts responsibiiity
for operation and maintenance of the system. The permit shall not bo transferred to such approved operation and
maintenance entity until the operation phase of the permit becomes effective, Following inspecUon and approval of the
permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating
entity if different from the permittee. Until the permit is transferred pursuant to Section 40E-1.61 07, FAC., the permittee
Corps-13658
PERMIT NO: 11-02031-P
PAGE 8 OF 9
shall be liable for compliance with the tenns 01 the permit.
8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and
permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that
portion or phase of the system. Each phase or independent portion of the system must be completed in accordance with
the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or
portion of the system to a local government or other responsible entity.
9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order
to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction
must be recorded in the public records and submitted to the District along with any other final operation and maintenance
documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications
within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system,
whichever comes first Other documents conceming the establishment and authority of the operating entity must be filed
with the Secretary 01 State, county or municipal entitles. Final operation and maintenance documents must be received by
the District when maintenance and operation of the system is accepted by the local govemment entity. Fallure to submit
the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of
the permitted system and any other permit conditions.
10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in
writing of the changes prior to implementation so that a determination can be made whether a permit modification is
required.
11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations
prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the
permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on
property which is not owned or controned by the permittee, or convey any rights or privileges other than those specified in
the permit and Ghapter 4OE-4 or Chapter 4OE-40, FAG..
12. The permittee is hereby advised that Section 253.n, F.S. states that a person may not commence any excavation,
construction, or other activity invoMng the use of sovereign or other lands of the State, the title to which is vested in the
Board of Trustees of the Intemallmprovement Trust Fund without obtaining the required lease, license, easement, or other
form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary
authorizations from the Board of Trustees prior to commencing actMty on sovereignty lands or other state-owned lands.
13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general
pamlit pursuant 1.0 Subsection 40E-20.302(3), FAG., also known as the "No Notice" Rule.
14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by
reason of the construction, alteration, operation, maIntenance, removal, abandonment or use of any system authorized by
the permit.
15. Any delineation of the extent of a weUand or other surface water submitted as part of the permit application, includIng plans
or other supporting documentation, shall not be considered binding, unless a specific condition of this permrt or a formal
determination under Section 373.421 (2), F,S., provides otherwise.
16. The permittee shall notify the District in writing within 30 days of any saie, conveyance, or other transfer of ownership or
control of a permitted system or the real property on which the permitted system is facated. All transfers of ownership or
transfers of a permit are sublect to the requirements of Rules 4OE-1.6105 and 4OE-1.61 07, FAC.. The permittee
transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to
the sale, conveyance or other transfer at the system.
17, Upon reasonable notice to the permittee, District authorized staff with proper fdentiffcation shall have permission to enter,
[nspect, sample and test the system to insure conformity with the plans and specifications approved by the permit.
Corps-13659
'.
PERMIT NO: 11-02001-P
PAGE 9 OF 9
18. if historical or archaeological artifacts are discovered at any time on the project site. the permittee shall immediately notify
the appropriate District service center.
19. The permittee shall immediately notify the District in writing of any previously submitted information that is later discovered
to be inaccurate,
Corps-13660
., '
ENVIRONMENTAL RESOURCE PERMITS CHAPTER 40E-4 (Oll07)
40E-4.321 DlL'ation of Permits.
(1) Unless revok.ed or otherwise modified the duration of an environmental resource permit issued
under this chapter or Chapter 40E-40, F.A,C'r is as follows:
(a) For a conceptual approval, two years from the date of issuance or the date specified as a
condition of the permit, unless within that period an application for an individual or standard general permit
is filed for any portion of the project. If an application for an environmental resource permit is filed, then
the conceptual approval remains valid until final action is taken on the environmental resource permit
application. If the application is granted, then the conceptual approval is valid for an additional two years
from the date of issuance of the permit. Conceptual approvals which have no individual or standard general
environmental resource permit applications filed for a period of two years shall expire automatically at the
end of Lite two year period.
(b) For a conceptual approval filed concurrently with a development of regional impact (DRI)
application for development approval (ADA) and a local government comprehensive plan amendment, the
duration of the conceptual approval shall be two years from whichever one of the following occurs at the
latest date:
1. The effective date of the local government's comprehensive plan amendment.
2. The effective date of the local government development order,
3. The date on which t.~e District issues the conceptual approval, or 4. The date on which the
District issues a final order pertaining to the resolution of any Section 120.57, F.S., administrative
proceeding or other legal appeals.
(c) For an individual or standard general environmental resource permit, the construction phase
authorizing construction, removal, alteration or abandonment of a sys-tem shall expire five years from the
date of issuance or such amount of time as made a condition ofllie permit.
(d) For an individual or standard general environmental resource permit, the operational phase of
the permit is perpetual for operation and maintenance.
(e) For a noticed general permit issued pursuant to Chapter 40E-400, F.A.C., five years from the
date the notice of intent to use the permit is provided to the District.
(2)(a) Unless prescribed by special permit condition, permits expire automatically according to the
timeframes indicated in this rule. If application for extension is made by electronic mail at the District's e-
Pennitting website or in writing pursuant to subsection (3), the permit shall remain in full force and effect
until:
I. The Governing Board takes action on an application for extension of an individual permit, or
2. Staff takes action on an application for extension ofa standard gener-.t! permit.
(b) Installation of the project outfall structure shall not constitute a vesting of the permit.
(3) The permit extension shall be issued provided that a permittee files a written request with the
District showing good cause prior to the expiration of the permit. For the purpose of this rule, good cause
shall mean a set of extenuating circumstances outside of the control of the pennittee. Requests tor
exten...<<ions, which shall include documentation of the extenuating circumstances and how they have
ddayed this project, will not be accepted more than 180 days prior to the expiration date.
(4) Substantial modifications to Conceptual Approvals will extend the du.ration of the Conceptual
Approval for two years from the date of issuance of the modification. For the purposes of this section, the
term "substantial modification" shall mean a modification which is reasonably expected to lead to
substantially different water resource or environ-mental impacts which require a detailed review.
(5) Substantial modifications to individual or standard general environmental resource permits
issued pursuant to a permit application extend the duration of t,,\e pennit for three years from the date of
issuance of the modification, Individual or standard genera! environmental resource permit modifications
do not extend the duration of a conceptual approval,
(6) Permit modifications issued pursuant to paragraph 40E-4.33I (2)(b), F.A.C .(letter
modifications) do not extend the duration of the pennit.
(7) Failure to complete construction or alteration of the surface water management system and
obtain operation phase approval from the District within the permit duration shaH require a new permit
authorization in order to continue construction unless a permit extension is granted.
Specific Authority 373,044, 373.113, 668.003, 668.004, 668.50 FS. Len... Implemenled373.413, 373.4/6,
373.419,373.426,668.003, 668,004,668.50 FS. History-New 9-3-8/,Amended 1-31-82, 12-/-82, Formerlv
16K-4.07(4), Amended 7-1-86, 4-20-94, 10-3-95,5-28-00, 10-1-06. -
Corps-13661
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